Charities and Political Activities

As we are in the midst of a federal election campaign in Canada, this is a good time for registered charities to review Canada Revenue Agency’s rules related to charities and political activities. The following link will connect you to a Canada Revenue Agency website that contains some useful tools and reminders to ensure your organization remains compliant with Canada Revenue Agency rules and regulations related to political activities: http://www.cra-arc.gc.ca/chrts-gvng/chrts/cmmnctn/pltcl-ctvts/menu-eng.html.
If you only do one thing this election campaign, remind your directors, officers, employees and other representatives that charities are prohibited from devoting any of their resources to partisan political activities. Canada Revenue Agency defines a “partisan political activity” as an activity “that involves direct or indirect support of, or opposition to, any political party at any time, whether during an election period or not, or a candidate for public office”. If an individual that represents a charitable organization would like to be involved in any partisan political activities they should (i) do so in their personal capacity and not in their capacity as a representative of the charity, and (ii) not use any resources of the charity in carrying out such political activities.

Emergency Preparedness Program for Health Care Organizations

At DDO Health Law, we understand your organization’s need to put in place a robust emergency management plan (including for some organizations, by September 30, 2015). We have developed a 12-step program to help you meet that deadline and then continue to prepare your organization in case of emergency such as fire, flood, or pandemic.  Our program reflects current best practices, including materials provided by at least one local health integration network to its health services providers. We have read all of these materials and pulled from them and other resources to determine current best practices — so that you do not need to.

DDO Health Law’s Emergency Preparedness Program offers your organization the comfort and assurance of:

  • Understanding the pillars of emergency management, including Prevention and Mitigation, Preparedness, Response, Recovery
  • Creating organization-specific emergency management plans to establish simultaneous response to fires and other emergencies
  • Effectively participating in system level preparedness and coordinating emergency response with other health service providers
  • Properly training team members in case of emergency
  • Identifying key gaps, including hazard identification and risk analysis
  • How to best communicate with your clients, their families, the public and the media

The DDO Health Law Emergency Preparedness Program provides you with:

  •  Dial-in series. You will be invited to take part in 5 phone sessions, scheduled in September. We will provide you ahead of the calls a template plan, the 12 steps you need to take to be ready, and other templates and materials. Noon sessions are:
    • Thursday, September 3
    • Friday, September 11
    • Thursday, September 17
    • Thursday, September 24
    • Final session with open Q&A on Monday, September 28
  • Training materials. You will be provided template training materials for team members, including a training slide deck you can circulate before your Board signs off, even before you schedule an in-person session to walk your team through the training.
  • Admin on call workbook. DDO Health Law previously wrote an administrator on call workbook to help health care staff deal with various kinds of crises. It is the bedrock of emergency management. We will provide you a copy of this workbook, and a draft chapter specifically on emergency preparedness. We will also provide you a copy of the updated workbook once available, for your future reference.
  • Mutual aid/assistance agreement. This template agreement is ready to be used in the event that an emergency strikes your organization, and you need to quickly put into place legal arrangements to backfill services.
  • Briefing note for your senior leadership and Board. Written by DDO Health Law, it will state that you have signed up for and participated in the DDO Health Law program, have been provided with the materials described here, and that you have undertaken that you have “filled in the blanks” and taken the steps we’ll discuss in the dial-ins. As long you have done this, we are prepared to say that your organization is compliant and that your Board should feel assured that it can sign the M-SAA by September 30, 2015 as requested by at least one LHIN. For others who do not need a September 30 signoff, the materials and briefing note still serves as a baseline for your Board and shows a measure of your due diligence.
  • Board resolution. Template Board resolutions will be provided, both for those organizations that must meet the September 30 deadline, and a more generic one for those that do not.
  • Feel free to include whomever you wish on the dial-in. The flat fee covers any team members you want to have at your table to listen in and ask questions as you work through and finalize your plan and program.

Registration is $1,000.00 plus HST ($1,130). We accept Visa or cheques.

Fax to Franca Latino at (416) 967-7120; or call her at (416) 967.7100 ext. 242 to say you will register and how you will pay.

DDO HEALTH LAW

Mary Jane Dykeman and Kate Dewhirst are partners at DDO Health Law, a boutique health law firm in Toronto. They frequently advise on risk management issues relating to health care organizations premises, reputational risk, staff issues and other crises. Mary Jane was recently part of a fire safety emergency preparedness panel at the 2015 OANHSS annual convention. Mary Jane and Kate work extensively with community providers, large and small hospitals, community support services providers, disease associations, long-term care homes, family health teams, community health centres, retirement homes and other housing and health service providers.

Feel free to email or call Mary Jane Dykeman at (416) 967-7100 ext. 225 with any questions

Ontario’s IPC launches new resources to guard against snooping and other unauthorized access to personal health information

The Information and Privacy Commissioner of Ontario launched a new campaign yesterday called “Is snooping on patients worth It?” See video and other resources.

Also included in this campaign is a new resource document for health care organizations called “Detecting and Deterring Unauthorized Access to Personal Health Information”.  This is a must read for all health care Privacy Officers.

The IPC/O’s tips for preventing or reducing the risk of unauthorized access include:

  • Develop and implement comprehensive privacy policies and review those policies on an annual basis
  • Provide mandatory privacy training for all staff – which includes initial orientation as well as ongoing privacy training and maintain a log of attendance
  • Prominently display privacy notices reminding staff of their privacy obligations
  • Include privacy warning flags in electronic health records to remind staff of their privacy obligations
  • Require all staff and other agents to sign confidentiality agreements on a regular basis
  • Have end-user agreements for anyone using your electronic information systems
  • Develop and implement a policy to restrict access to health information on a need-to-know basis only
  • Log, audit and monitor all accesses to electronic health records
  • Follow the IPC’s guidelines on privacy breach management with respect to patient notification and maintain a log of privacy breaches
  • Impose consistent, appropriate and proportionate disciplinary action for privacy breaches

DDO provides privacy coaching, breach management advice and on-site privacy training for health care organizations. If you haven’t reviewed your privacy policies lately or engaged your staff in formal privacy training in a number of years, call us to assist you. Mary Jane Dykeman mjdykeman@ddohealthlaw.com  416-967-7100 x 225

 

DDO’s CASL (Anti-Spam) Toolkit is now available

Even though July 1 has come and gone, it is a safe bet that many of you will still not be 100% CASL compliant. Just because your organization is in the non-profit sector does not mean that you are not required to comply with CASL.  Likely some of your electronic messages have a commercial element – and therefore must comply with CASL. Read More

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