Information Management Agreement (Alberta)

This Information Management Agreement was last updated on December 7, 2023.

PHYSICIANS MAY ENTER INTO THIS INFORMATION MANAGEMENT AGREEMENT BY ENTERING INTO AN ORDER FORM FOR MIKATA SERVICES THAT INCORPORATES THIS INFORMATION MANAGEMENT AGREEMENT, OR BY AGREEING TO ENTER INTO THIS INFORMATION MANAGEMENT AGREEMENT ON A SUBSCRIPTION PAGE FOR ONE OR MORE OF MIKATA SERVICES. PHYSICIANS ACKNOWLEDGE THAT PHYSICIANS HAVE READ, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS INFORMATION MANAGEMENT AGREEMENT.

    General
  1. This Information Management Agreement forms part of, and is subject to, the Agreement entered into by Mikata and Physicians. Any capitalized terms that are not defined herein will have the meanings set out in such Agreement.
  2. This Information Management Agreement is intended to establish the rules governing the collection, storage, and disclosure of health information by the Information Manager and the terms upon which the Physician(s) may access, use or disclose stored health information, all in compliance with s.66 of the HIA.
  3. The guiding principles of this Information Management Agreement are those found in the HIA, including the use and disclosure of the least amount of health information necessary to achieve the purposes.

    4. Definitions
  4. Unless otherwise specified, capitalized terms in this Agreement shall have the meanings ascribed to such terms in the Health Information Act of Alberta ("HIA")

    "Health Information Act" or "HIA" means the Health Information Act, R.S.A. 2000, c. H-5, as amended from time to time and the regulations thereunder;

    "Electronic Medical Record", "EMR", “Radiological Information System", or "RIS" means the collection of health information relating to the Patients stored in an electronic format and managed by the Information Manager;

    "Information Management Agreement" means this Agreement;

    "Information Management Services" means the services provided by the Information Manager to the Physician(s) in accordance with the provisions of this Information Management Agreement;

    "Patient" means an individual who attends a physician for the purposes of receiving medical care;

    "Physician(s)" means a medical doctor licensed to practice medicine in the Province of Alberta and depending on the context, includes physicians practicing through Professional Corporations, physicians practicing as partnerships, or in association with other physicians (“the Physician Group");

    "Agreement" shall mean the agreement between Mikata and Physicians;

    "System" means the EMR software utilized by the Physician(s) in the course of performing their clinical responsibilities for Patients; and

    "Third Parties" means individuals or other entities who are not party to this Information Management Agreement.

    5. Authorized Representative(s)
  5. The Physician(s) hereby appoint the person or persons named in the signup process as their Authorized Representative(s) (“the Authorized Representative(s)"). The Physician(s) warrant that the Authorized Representative(s) have the authority to execute this Information Management Agreement on behalf of the Physician(s); execute all notices for and on behalf of the Physicians; and give and receive all notices under this Information Management Agreement.
  6. Where there are two or more Physicians and a Physician who is an Authorized Representative terminates his participation with the Physician Group, that Physician shall no longer be an Authorized Representative as of the effective date of the termination.
  7. The remaining Physician(s) shall notify the Information Manager as to the identity of the new/acting Authorized Representative(s) or a change in the identity of the existing Authorized Representative(s) and provide the Information Manager with written notice of the new/acting Authorized Representative.

    8. Continuing Consent of Physician(s)
  8. Each Physician consents to the release of health information to the Information Manager in accordance with, and for the purposes outlined in this Information Management Agreement.
  9. Where an Authorized Representative is designated, the Authorized Representative warrants that all Physician(s) who are members of the Physician Group from time to time have provided their consent to the release of health information to the Information Manager on the terms and conditions outlined herein.

    10. Appointment and Duties of Information Manager
  10. The Physician(s) hereby appoint Mikata to act as its Information Manager.
  11. The Information Manager shall receive and store health information relating to a Patient’s clinical treatment.
  12. The Information Manager may use health information in its custody and control for any of the purposes outlined in this Information Management Agreement.
  13. The Information Manager may disclose health information to Third Parties, as authorized by the HIA and in accordance with the specific directions from the Physician(s).
  14. In providing the Information Management Services in accordance with this Information Management Agreement, the Information Manager will need to have access to, or may need to use, disclose, retain or dispose of some or all of the health information.
  15. Disclosure to Physician(s) or Third Parties shall be for the following purposes:
    1. For ongoing patient care;
    2. For medical practice audits;
    3. For data counts or statistical purposes;
    4. For research conducted on aggregate health information; or
    5. For research requiring individualized data.
  16. The Information Manager shall store and disclose health information strictly in accordance with the terms of this Information Management Agreement and the HIA and any other applicable legislation in force in the Province of Alberta, and will not allow access to stored health information to any person other than for the purposes referenced in this Information Management Agreement.
  17. The Parties agree that all stored health information is private and confidential. The Information Manager will take reasonable steps to maintain that confidentiality, including termination of this Information Management Agreement with Physicians determined to be in breach of this Information Management Agreement.
  18. The Physician(s) warrant and represent that the health information has been gathered and stored with the consent of the patient who owns the health information contained therein.

    19. Confidentiality
  19. The Information Manager shall treat all health information that it has access to under this Information Management Agreement as confidential. Only those employees or agents of the Information Manager who are engaged in information management services shall have access to health information.
  20. The Information Manager shall take all reasonable steps to prevent the unauthorized disclosure of health information.
  21. The Information Manager shall limit its use and disclosure of health information to only the minimum necessary health information required by the Information Manager to furnish services or resolve support issues on behalf of the Physician(s).
  22. Should any unauthorized disclosure of health information occur, the Information Manager shall forthwith provide immediate notification to the Physician(s), including the particulars of the disclosure. The Information Manager shall take all reasonable steps to mitigate the disclosure immediately and on an ongoing basis, as required.
  23. The Information Manager may disclose health information to any other information managers used by the Physician(s) with authorization from the physicians.

    24. Patient Request For Information
  24. Any expressed wishes from a Patient relating to health information, including access requests and requests to amend or correct health information under Part 2 of the HIA, will be directed to the Physician(s). The Information Manager will not take any other action without authorization by the Physician(s).
  25. Any requests under clause 24 must be forwarded, in writing, to the Physician(s) within 7 days of receipt of that request.
  26. Patient requests for information shall be responded to by the Physician(s) according to their own policies and procedures.

    27. Protection and Security of Health Information
  27. The Information Manager, its employees, subcontractors and agents shall protect the health information against such risks as unauthorized access, use, disclosure, destruction or alteration.
  28. The Information Manager, its employees, subcontractors and agents must not modify or alter the health information unless it is required as part of the information management services and only on the written instructions of the Physician(s).

    29. Retention and Destruction of Health Information
  29. No health information in the custody and control of the Information Manager shall be stored outside of Canada.
  30. No health information in the custody and control of the Information Manager shall be destroyed or disposed of without the express written consent of the Physician(s).
  31. Upon termination of this Information Management Agreement, the Information Manager will ensure that the health information is returned to the Physician(s) who have contributed the health information, together with all modifications, additions and enhancements in a mutually acceptable format, failed following which any remaining copies will be destroyed.

    32. Term and Termination
  32. This Information Management Agreement shall remain in force until the termination or expiration of the Agreement.
  33. Upon termination, the Information Manager shall not disclose health information contributed by the Physician(s) without the express consent of the Patient who is the subject matter of the health information, unless the disclosure is done in a non-identifiable or aggregate manner.

    34. Notices
  34. Any Notice to be provided under this Information Management Agreement shall be delivered to the parties at the respective addresses listed in the Agreement.