request for proposal · 2014. 4. 18. · this request for proposal (hereafter referred to as the...

Request for Proposal

Privacy Review for an existing electronic-based Health

Care Program

RFP Number: OSNR2014-01

Issued Date: January 8, 2014

Closing Date: January 24, 2014 at 13:00

OSN reserves the right to award all, part, or none of this solicitation.

OSN_OSNR2014-01_PrivacyReview_20140108_CorrectedEmail of 16

Table of Contents

1 Introduction .......................................................................................................................................... 3

1.1 Invitation to Submit ...................................................................................................................... 3

1.2 About the Ontario Stroke Network ............................................................................................... 3

1.3 About the Hypertension Management Program .......................................................................... 3

2 Purpose of the Request for Proposal .................................................................................................... 4

3 Requirements ........................................................................................................................................ 4

3.1 Role ............................................................................................................................................... 4

3.2 Scope of Work ............................................................................................................................... 5

3.3 Required Skills ............................................................................................................................... 5

4 Description of RFP Process.................................................................................................................... 6

4.1 RFP Coordination .......................................................................................................................... 6

4.2 Procurement Schedule .................................................................................................................. 6

4.3 Applicant Question Period ............................................................................................................ 7

4.4 Response Guidelines ..................................................................................................................... 7

4.5 Evaluation Process ........................................................................................................................ 7

4.6 Evaluation Criteria ......................................................................................................................... 7

5 Terms and Conditions ........................................................................................................................... 7

6 Appendices ............................................................................................................................................ 8

6.1 Appendix A – HMP Data Uses and Disclosures ............................................................................. 8

6.2 Appendix B – HMP Data Categories .............................................................................................. 9

6.3 Appendix C – HMP Data Flow Map ............................................................................................. 10

6.4 Appendix D – Consulting Agreement Sample ............................................................................. 11


1 Introduction

1.1 Invitation to Submit

This Request for Proposal (hereafter referred to as the “RFP”) is being issued by the Ontario Stroke

Network (hereafter referred to as “OSN”) to solicit proposals for assisting in establishing optimal

information management and data sharing processes, ensuring compliance with the Personal Health

Information Protection Act, 2004 (hereafter referred to as the “PHIPA, 2004”) for the Hypertension

Management Program and the Aboriginal Hypertension Management Program (hereafter both

programs will be referred to as “HMP”).

1.2 About the Ontario Stroke Network

The OSN is a non-profit organization funded by the Ministry of Health and Long-Term Care (“MoHLTC”).

The OSN provides provincial leadership and coordination for the 11 Ontario Regional Stroke Networks

supporting the 14 Local Health Integration Networks and is the current program sponsor of the HMP.

1.3 About the Hypertension Management Program

The HMP is an evidence-based, inter-professional, collaborative program, currently operating in 39 sites

across Ontario, with the goal of improving the identification and management of hypertension in

primary and secondary healthcare settings across Ontario. Consequently, improving health and health

outcomes for individuals at risk of developing diabetes, as well as reducing the risk of cardiovascular

disease and complications such as eye and kidney disease among individuals with diabetes are related

goals of the HMP. The HMP also has a culturally congruent Aboriginal Hypertension Management

Program.

Initially the HMP was developed as a formal research project known as the Hypertension Management

Initiative (hereafter referred to as the “HMI”) with the Heart and Stroke Foundation (hereafter referred

to as “HSF”) and the Sunnybrook Research Ethics Board which ran from 2007 to 2010. The evaluation of

the HMI showed that it had a positive impact on improved patient outcomes and improvements in

hypertension management best practices including adherence with clinical best practices. In a recent

publication, the HMI was also found to be a cost-effective means of providing evidence-informed,

chronic disease management in primary care to patients with hypertension. As a result of the successes

realized by the HMI, it evolved in 2011 to become an ongoing program called the HMP and moved under

the full sponsorship of the OSN but maintained the HSF branding for consistency.

http://www.ontariostrokenetwork.ca/


2 Purpose of the Request for Proposal

While the HMP has evolved from a research initiative into an ongoing program, the legal frame work has

not been updated to reflect the change. Currently, all HMP sites are still required to collect consent from

all participating Health Care Providers (hereafter referred to as “HCP”) as well as expressed consent

from each patient being seen by that HCP wishing to participate in the HMP.

This expressed patient consent process is proving to be a barrier to patient enrolment at HMP sites and

their ability to provide effective reporting on their hypertensive patient populations. Since the HMP is

now a program being run at primary and secondary healthcare settings and no longer a research

initiative, the goal is to review, and hopefully remove, the requirement for expressed patient consent

and amend the existing legal framework and create and/or amend the required legal agreements for the

HMP to ensure compliance with PHIPA, 2004.

3 Requirements

3.1 Role

This RFP seeks a firm or an independent consultant (hereafter referred to as the “Consultant”) with

expert knowledge of the Personal Health Information Protection Act, 2004 (hereafter referred to as

“PHIPA, 2004”), knowledge of the health system and the ability to recommend policies, procedures,

legal agreements and preferably create the required legal agreements that will ensure OSN and

participants in the HMP comply with PHIPA, 2004 regarding the personal health information collected,

used, disclosed and disposed of through Program administration. Any recommendations and

documents produced including legal agreements will need to accommodate the future expansion of the

HMP program to new participating sites.

NB: The longer term vision for the HMP is to become incorporated into a broader provincial

vascular health strategy/program. This is still in the planning stages and not required to be

considered in responses to this RFP, nor an evaluation criterion for responses. However, plans

are being shared should it be relevant to for strategic consideration throughout the scope of this

project.

The work is must be completed by March 31, 2014.

The successful consultant will report to and work with a designate from the OSN’s HMP Team to deliver

on the recommendations contained within their proposal and the scope of work identified in section 3.2

of this RFP.


3.2 Scope of Work

The following table outlines the proposed activities to be performed by the selected Vendor during the

course of the contract:

Ref. No. Activity

SOW01 Analysis and documentation of the HMP participants, including OSN, regarding their authorities, roles and obligations under PHIPA, 2004.

SOW02 Analysis and documentation of the consent requirements for the HMP participants, including OSN, under PHIPA, 2004 to collect, use, store, analyze, view, disclose and dispose of personal health information Reference Material:

- Appendix A – HMP Data Uses and Disclosures - Appendix B – HMP Data Categories - Appendix C – HMP Data Flow Map

SOW03 Provide a comprehensive options analysis and make a recommendation on best course of action for the removal of the patient consent requirement. Analysis of options should include but is not limited to:

- an action plan & applicable risk assessment for each option - a recommended legal framework - recommendations for policies, procedures, and legal agreements to be

implemented - preferably create the required legal agreements

Possible options could include: - Seek ‘prescribed registry’ status

- Retention of current data ownership via a Data Sharing Agreement - Other data warehousing hosts

3.3 Required Skills

All applicants will be evaluated on their ability to deliver on the Scope of Work by providing evidence of

the following skills:

Extensive knowledge of PHIPA, 2004, expressly the roles, obligations, and consent requirements

for data collection

Knowledge of related and relevant legislation that interacts with PHIPA, 2004 (such as, but not

limited to, FIPPA and MFIPPA)

Understanding of the functions and roles of Electronic Medical Record systems and Hospital

Information Systems in community based and hospital based health care facilities

Understanding and awareness of other provincial electronic healthcare initiatives and their legal

frameworks

Comprehensive understanding of the current provincial e-health landscape, role of other

organizations and emerging policy including the ability to consult key decision makers


Understanding of legal frameworks for technology based healthcare initiatives and the ability to

recommend any required policies, procedures and/or legal agreements.

It is preferred the vendor have the skill to create any required legal agreements. The presence

or absence of this is preferred skill will not be used in the evaluation of responses.

4 Description of RFP Process

4.1 RFP Coordination

Contact and Submission:

Malaena Lynch, Sr. Administrative Assistant

Heart & Stroke Hypertension Management Program | Ontario Stroke Network

2300 Yonge Street, Suite 1300

Toronto, Ontario M4P 1E4

E: [email protected]

For all email response submissions please copy:

Chris Beaudoin, Sr. Specialist, Program Outreach and Support

Heart & Stroke Hypertension Management Program | Ontario Stroke Network

E: [email protected]

4.2 Procurement Schedule

The table below outlines the target completion dates for the procurement schedule:

Ref. No. Activities Dates

ACT01 Issue RFP January 8, 2014

ACT02 Close of Applicant Question Period January 15, 2014 at 13:00 EST

ACT03 Respond to Questions January 16, 2014 at 13:00 EST

ACT04 Submit Intent to Respond1 January 17, 2014 by 16:00 EST

ACT05 Closing Date for Receipt of Proposals January 24, 2014 at 13:00 EST

ACT06 Evaluate Proposals January 27-31, 2014

ACT07 Candidate Interviews2 February 3-4, 2014

ACT08 Vendor Selection Announcement February 5, 2014

ACT09 Begin Contract3 February 10, 2014

ACT10 Complete Contract Deliverables March 31, 2014 Notes:

1. Email Malaena Lynch, as per Section 4.1, indicating your intention to respond 2. As required; scheduling will be based on best availability 3. Subject to both parties signing off on the contract

mailto:[email protected]

mailto:[email protected]


4.3 Applicant Question Period

Vendors will be permitted to submit questions to OSN from the date they receive the RFP, January 8,

2014, until 13:00 on Wednesday, January 15, 2014. Any questions received after that time will not be

responded to.

All questions will be collected during the open Applicant Question Period and addressed in a single

confidential response to all Vendors by 13:00 on Thursday, January 16, 2014.

4.4 Response Guidelines

Responses must also include the following items:

Vendor Profile

Project Work plan and Fees

Declaration of any potential conflicts of interest

References

4.5 Evaluation Process

The work will be awarded following an open competitive procurement. A panel of representatives from

OSN with related program, operational and subject matter knowledge will evaluate all responses to the

RFP. Final selection of and contracting will follow the Procurement Schedule as stated in Section 4.2.

4.6 Evaluation Criteria

In the evaluation of the proposals received the following criteria will be considered:

Criteria Weighting

Proposal meeting all requirements and response guidelines 30%

Presentation of experience and qualifications 30%

Work plan, Scheduling and Pricing 40%

Total: 100%

5 Terms and Conditions

The applicant selected is required to agree to the terms contained in the OSN Consulting Agreement (Appendix D). If there are any objections, these objections must be addressed in the RFP response.


6 Appendices

6.1 Appendix A – HMP Data Uses and Disclosures

Data Use Data Format Disclosed to Relationship to OSN Agreement(s) with OSN

HMP Program

Evaluation

Anonymous

data

DPRA Canada

Consulting

Vendor selected

through RFP to

perform the HMP

program evaluation

Vendor contract in place

with an end date of March

31, 2014

Monthly Site

Reports

Anonymous,

aggregate data

Participating

HCPs and their

designates

HMP participants Individual HCP and patient

consents

Operational

Use – Sites

Identifiable

data

Participating

HCPs and their

designates

HMP participants Individual HCP and patient

consents

Operational

Use – OSN

Anonymous,

aggregate data

OSN

Employees

N/A Confidentiality Agreement

Data hosting Identifiable

data

Fig.P Software

Incorporated

Designer and host of

the HMP database

Memorandum of

Understanding

HMP

Oversight

Anonymous,

aggregate data

Heart & Stroke

Foundation

Original program

sponsors

Operating Agreement &

Memorandum of

Understanding


6.2 Appendix B – HMP Data Categories

Table 1: Data Categories Unique to the Baseline Form

Category

Patient Information

Hypertension Diagnosis Date

Healthcare Provider Information

Table 2: Data Categories Common across the Baseline and Follow-up Forms

Category

Visit Date

Patient Medical History

Family Medical History

Cardiovascular Risk Factors and Patient Selected Goals

Current Assessment of Cardiovascular Risk Factors

Patient view of selected lifestyle goal

Current assessment of selected lifestyle goal

Physical Exam

Lab work

Medication Compliance

Medications Review

Take away Items


6.3 Appendix C – HMP Data Flow Map

Hypertension Management Program – Data Flow MapH

MP

Par

tici

pan

ts D

ata

Acc

ess

and

Tra

nsm

issi

on

s

Fig.P andHMP

Repository

Family Health Teams- Primary Care

- Community Based

Community Health Centres- Primary Care

- Community Based

Ontario Stroke

Network

ASP EMR Vendor

ASP

EMR

Co

nfigu

ration

s

Family Health Teams- Primary Care

- Community Based

Community Health Centres- Primary Care

- Community Based

Local EMR Vendor

Local EM

R C

on

figuratio

ns

and

Fax Form

Sub

missio

ns

Complex Centres for Diabetes Care

- Secondary Care- Hospital Based

Hospital Information

System

Ho

spital

Co

nfigu

ration

s

Legend:

Terms:

PI = Personal Information

PHI = Personal Health Information

EMR = Electronic Medical Records

ASP = Application Service Provider

End user data entry into EMR or HIS system

(Data contains PI and PHI)

Transmission of data into HMP repository

(Data contains PI and PHI)

Transmission of reports to sites (aggregated

anonymized data) and site access to the repository

through the web (contains PI and PHI)

Access to the repository through the web add/edit/remove users and monitor

key site program performance indicators

(Patient data is anonymized and aggregated)


6.4 Appendix D – Consulting Agreement Sample

Contract Number: ________________

CONSULTING AGREEMENT

This Agreement is between: xxx (Hereinafter referred to as the “Company”). -And- Ontario Stroke Network, having its head office at 2300 Yonge Street, Suite 1300, Toronto, Ontario M4P 1E4. (Hereinafter referred to as “OSN”).

1. TERMS OF AGREEMENT

The terms and conditions of this Contract are effective as of xxx (The “Effective Date”) and are scheduled to end as of xxx (The “Termination Date”).

2. SERVICES

RFP, Section 3 contains project, services and plan details Note: Payments will be in the form of a salary, retainer or fee. It will not be in the form of a finders’ fee, commission or other payment based on either the number of gifts received or the value of funds raised.

3. BILLING SCHEDULE AND PAYMENT TERMS

The amount of $xxx plus HST. The payment schedule is as follows: • First installment of 20% of total fees upon signing of the contract • Second installment of 25% of fees will be billed on presentation of preliminary results of

options analysis to Company (scheduling TBD) • The final installment of 55% of the fees will be submitted upon delivery of comprehensive

report of options and associated recommendations for framework and implementation. (completion of the project)

“Disbursement Fees”, as defined by the Company and agreed to by OSN should be capped at 5% of the gross value of the Contract. Any additional cost must be approved by OSN in advance. Invoices will be issued to OSN after services have been rendered. Payment of invoices will be Net 30 days upon receipt of invoice. The Company hereby acknowledges and agrees that OSN may be required to submit information regarding payments made to the Company with respect to services provided hereunder to the Canada Revenue Agency in accordance with the provisions of the Income Tax


Act and/or the Excise Tax Act and/or any such other applicable or replacement Act, as such Acts may be amended from time to time. The Company hereby consents to the submission by OSN of such information to the Canada Revenue Agency, and acknowledges that it has been advised to seek independent tax and/or legal advice with respect to any taxation and/or reporting obligations that it may have in relation to such payments. Note: Payments will be in the form of a salary, retainer or fee. It will not be in the form of a finders’ fee, commission or other payment based on either the number of gifts received or the value of funds raised.

4. INTELLECTUAL PROPERTY OWNERSHIP

4.1 In this Agreement, “OSN Intellectual Property” means all copyrights, trademarks, patents,

service marks, industrial designs, ideas, works, creations, trade secrets, developments, programs, codes, drawings, sketches, compilations of information, analysis, experiments, data, formula, methods, processes, techniques, prototypes, products, samples, equipment, and any modifications or improvements thereto belong to the OSN, or created by the Company or any of its employees or contractors while providing the Services to the OSN, whether at the Company’s place of business or otherwise.

4.2 The Company hereby irrevocably conveys, assigns and transfers to OSN any and all right, title and interest that the Company may have in and to the OSN Intellectual Property and any other similar right pertaining to OSN Intellectual Property which the Company may have by virtue of having created, made, conceived or contributed to any such OSN Intellectual Property, either solely or with others, in whole or in part, in the course of providing the Service or while concerned with or involved in the business carried on by OSN. The Company covenants and agrees that it has and will obtain from its employees, agents and contractors a full and complete assignment to the OSN in respect of any technology or intellectual property rights created by such individuals prior to permitting such individuals to provide the Services to the Company.

5. PROTECTION AND USE OF CONFIDENTIAL INFORMATION

5.1 In this Agreement, “Confidential Information” means confidential information in oral,

written or electronic form related to the OSN’s or its affiliates’, clients, customers, vendors or other suppliers’ research, development, trade secrets, techniques, processes, procedures, plans, policies, business affairs, discoveries, hardware, software, screens, specifications, designs, drawings, OSN Intellectual Property and other information and materials, regardless of its form, other than information in the public domain. Confidential Information includes “Personal Information”, which is information about an identifiable individual and is provided to or collected by the OSN, but does not include the name, title or business address or telephone number of any employee of an organization.

5.2 Confidential Information provided by the OSN to the Company pursuant to this Agreement shall remain the exclusive and confidential property of the OSN. The Company will use Confidential Information only in accordance with this Agreement.


5.3 The Company shall treat as confidential and not sue, disclose or otherwise make available any Confidential Information, including the existence of this Agreement and the nature of the Company’s obligations hereunder, without the prior written consent of the OSN, except as required by law. Notwithstanding the foregoing, the Company may reveal any or all of the terms and conditions of this Agreement to its bankers, auditors, lawyers and other advisors.

5.4 The Company shall be responsible for any breach of this Agreement and the Company confirms that it has in place, and will continue to have in place, agreements and procedures to ensure the confidentiality and privacy of the Confidential Information.

5.5 The Company will cause its employees, agents and consultants who have access to the Confidential Information to keep the same strictly confidential and not describe such Confidential Information to any third party.

5.6 In the event that the Company is required by law to disclose Confidential Information, it shall give notice to the OSN in a reasonable amount of time prior to such disclosure to Confidential Information to allow the OSN to protect its proprietary interest therein.

6. PRIVACY

The Company agrees to comply with all applicable privacy laws, and includes, without limitation, the Personal Information Protection and Electronic Documents Act (Canada).

7. RIGHT TO AUDIT

The Company shall permit representatives of the OSN, upon prior written notice and at reasonable times, to examine and to verify compliance with the terms of this Agreement.

8. DEFAULT AND TERMINATION

8.1 OSN shall be entitled to terminate this Agreement on providing 10 days prior notice and

time to cure in the event of a breach or default by the Company under this Agreement or in providing any Services. Such termination right shall be in addition to any other remedies or rights available to the OSN in respect to such breach.

8.2 Upon termination of this Agreement for any reason whatsoever, the Company will promptly deliver to the OSN all documents, manuals lists, data, records, computer programs, codes, materials, prototypes, products, samples, analyses, reports, equipment, tools and devices relating to pertaining to the Confidential Information, including any copies or reproductions of same.

9. INDEMNIFICATION AND INSURANCE

9.1 In this Agreement, “Claims” shall include (i) all debts liabilities and obligations; (ii) all Losses, damages, judgments, awards, settlements, costs and expenses (including, without limitation, interest [including prejudgment interest in the litigated matter], penalties, court


costs and attorney fees and expenses’ and (iii) all demands, claims, suits, actions, costs of investigation, causes of action, proceedings, assessments, deficiencies, costs and expenses including, without limitation, all professional fees and disbursements.

9.2 “Losses”, in respect of any matter, means all claims, demands, proceedings, losses, damages (including special, incidental an/or consequential damages such as, but not limited to loss of profit, loss of business revenue and failure to realize expected profits or savings), liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) arising directly or indirectly as a consequence of such matter, and “Loss” has a corresponding meaning.

9.3 The Company agrees to indemnify, defend and save harmless the OSN and its directors, officers, agents, employees, contractors, subsidiaries, affiliates, successors and assigns from and against all Claims asserted against, and all Losses suffered or incurred by, the OSN, directly or indirectly cause by, resulting or accruing from, or arising or occurring out of the breach of any representation, warranty, obligation or covenant of the Company contained in this Agreement.

9.4 If the OSN suffers any Loss for which it is indemnified or if a Claim is asserted against the OSN for which it is indemnified, the OSN shall promptly notify the Company (the “Notice” in this section) thereof, including all relevant information and the exact or estimated amount lost of claimed, and within ten (10) days of the Company’s receipt of the Notice, the Company shall pay to the OSN the full amount set out in the Notice and the Company shall be entitled, at its own expense, to participate in the negotiation and defense of any Claim.

9.5 Throughout the Term, the Company covenants and agrees to take out and maintain, at the Company’s sole cost and expense in full force and effect in the Province of Ontario, insurance policies of Employer’s Liability, Commercial, General Liability (including contractual liability) and property insurance.

10. MISCELLANEOUS

Force Majeure

All parties are excused from performance and shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any major contingency beyond the control of the parties, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, accident, explosion, flood, storm, Acts of God and similar occurrences

Waiver

A waiver of any default, breach or non-compliance under this Agreement is not effective unless in writing and signed by the party bound by the waiver. No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted by any other party. The waiver by a party of any default, breach or non-compliance under this Agreement shall not operate


as a waiver of the party’s rights under this Agreement in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).

Severability

If any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future laws effective during the term hereof or after termination, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected thereby, and each term, covenant, and condition of this Agreement shall be valid and enforced to the fullest extent permitted by Law.

No Partnership

The parties acknowledge and agree that the Company is providing the Services as an independent contractor. The Company shall not be considered to be the agent or representative of the OSN for any purpose other than as expressly provided herein. The Company has no authority to enter into any contract, assume any obligation or to give any warranties or representations on behalf of the OSN. Nothing in this Agreement shall be construed to create a relationship of partners, joint ventures, or any other similar relationship between the parties. No representations shall be made or acts taken by any party hereto which could establish any apparent relationship of partnership, joint venture or any other similar relationship between the parties.

Successors and Assigns

This Agreement shall endure to the benefit of any be binding upon the parties hereto and their respective transferees, successors and assigns. Notwithstanding the foregoing, this Agreement shall not be assigned, pledged or hypothecated by the Company without the express written consent of the OSN.

Public Announcements

Neither party hereto shall issue or release any articles, advertising or publicity or other matter relating to this Agreement, or identifying, mentioning or using the name of the other, except with such other party’s prior written approval.

Law Governing

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to the choice of law provisions thereof.

Taxes

The Company shall be responsible for all taxes, levied or based upon the fees received by the Company hereunder.


Non-exclusivity

The parties agree that this Agreement shall be a non-exclusive arrangement between such parties.

11. NOTICES

Notices must be in writing and will be considered given if delivered by courier or if sent by prepaid registered mail. Notices shall be delivered as follows:

If to OSN: Ms. Chris O’Callaghan Executive Director, Ontario Stroke Network 2300 Yonge Street, Suite 1300, P.O. Box 2414 Toronto, Ontario M4P 1E4

If to the Company: xxx

THE PARTIES SIGNING BELOW HAVE THE AUTHORITY TO SIGN FOR THEIR ORGANIZATION.

Ontario Stroke Network xxx

Name Printed: ___________________ Name Printed: ___________________

Signature: _______________________ Signature: _______________________

Title: ___________________________ Title: ___________________________

Agreed to this _____ day of Agreed to this _____ day of

_____________, 20_____ _____________, 20_____

Social Insurance Number or Business Number __________________________