DDO Health Law Update

April 20, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

BILLS

 

Bill 31 – Plan for Care and Opportunity Act (Budget Measures), 2018

Introduced by Hon. Charles Sousa, Minister of Finance.  The Bill is in Second Reading debate.

The Bill amends several Acts.  Most relevant to our clients is the amendment to the Hospital Labour Disputes Arbitration Act which would deem Canadian Blood Services as a “hospital” for the purposes of that Act.  The changes acknowledge the integral services that Canadian Blood Services deliver in Ontario affecting patients, and therefore, it is in the public interest that employee strikes and lockouts be replaced with an arbitration process when resolving employee disputes.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5838

 

Bill 52 – Ministry of Mental Health and Addictions Act, 2018

Introduced by Teresa M. Armstrong, MPP (London–Fanshawe) – Critic, Anti-Racism Directorate; Critic, Home and Long-Term Care; Deputy Third Party Whip; Critic, Seniors’ Affairs; New Democratic Party of Ontario. The second reading of the Bill was carried on April 19, 2018, and it was referred to the Standing Committee on Social Policy.

The Bill establishes the Ministry of Mental Health and Addictions. The Bill sets out the functions and duties of the Minister (see s. 4).

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5916

 

Bill 48 – Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2018

 

Introduced by Cindy Forster, MPP (Welland) – Caucus Chair; Critic, Labour, Fairness and Work; New Democratic Party of Ontario. The first reading of the Bill was carried on April 16, 2018.

The Bill requires operators of a supportive living accommodation to hold a licence issued by the Minister and fulfill certain obligations under the Act. Supportive living accommodation is defined under s. 2(1) as residential premises where four or more persons, who are not related to the operator, reside and receive assistance with the activities of daily living from, or as arranged by, the operator. Supportive living accommodation requirements to hold a license under this Act do not include the operation of various premises, including long-term care homes, private and public hospitals, retirement homes, etc.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5907

 

REGULATIONS

No new proposed regulations.

 

ARTICLES OF INTEREST

 

 

DDO Health Law Update

April 20, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

BILLS

 

Bill 31 – Plan for Care and Opportunity Act (Budget Measures), 2018

 

Introduced by Hon. Charles Sousa, Minister of Finance.  The Bill is in Second Reading debate.

The Bill amends several Acts.  Most relevant to our clients is the amendment to the Hospital Labour Disputes Arbitration Act which would deem Canadian Blood Services as a “hospital” for the purposes of that Act.  The changes acknowledge the integral services that Canadian Blood Services deliver in Ontario affecting patients, and therefore, it is in the public interest that employee strikes and lockouts be replaced with an arbitration process when resolving employee disputes.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5838

 

Bill 52 – Ministry of Mental Health and Addictions Act, 2018

 

Introduced by Teresa M. Armstrong, MPP (London–Fanshawe) – Critic, Anti-Racism Directorate; Critic, Home and Long-Term Care; Deputy Third Party Whip; Critic, Seniors’ Affairs; New Democratic Party of Ontario. The second reading of the Bill was carried on April 19, 2018, and it was referred to the Standing Committee on Social Policy.

The Bill establishes the Ministry of Mental Health and Addictions. The Bill sets out the functions and duties of the Minister (see s. 4).

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5916

 

Bill 48 – Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2018

 

Introduced by Cindy Forster, MPP (Welland) – Caucus Chair; Critic, Labour, Fairness and Work; New Democratic Party of Ontario. The first reading of the Bill was carried on April 16, 2018.

The Bill requires operators of a supportive living accommodation to hold a licence issued by the Minister and fulfill certain obligations under the Act. Supportive living accommodation is defined under s. 2(1) as residential premises where four or more persons, who are not related to the operator, reside and receive assistance with the activities of daily living from, or as arranged by, the operator. Supportive living accommodation requirements to hold a license under this Act do not include the operation of various premises, including long-term care homes, private and public hospitals, retirement homes, etc.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5907

 

REGULATIONS

No new proposed regulations.

 

ARTICLES OF INTEREST

 

 

DDO Health Law Update

April 6, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

  1. Bill 32 – Peter Kormos Memorial Act (Trillium Gift of Life Network Amendment), 2018

This Bill is reintroduced to establish a presumed consent regime in Ontario.  This Bill amends the Trillium Gift of Life Network Act to no longer require consent to be obtained before tissue can be removed from a human body. However, a person may object to the removal of the tissue prior to his or her death or a substitute decision maker may object after the death has occurred. If an objection is made, no tissue shall be removed from the body. TGLN will establish and maintain a registry of such objections.

Introduced by France Gelinas, MPP (Nickel Belt), Opposition, the Bill was carried on First Reading on March 29, 2018.

For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5862

  1. Bill 182, Compassionate Care Act, 2017

This Bill is reintroduced to establish a provincial framework to support improved access to hospice palliative care. This Bill enacts the Compassionate Care Act, 2017, which requires the Minister of Health and Long-Term Care to develop the provincial framework. The Act requires the Minister to set out the provincial framework one year after the Bill comes into force, and within 5 years after the report is tabled, the Minister must prepare and table a report on the state of hospice palliative care, which should be published on a Government of Ontario website.

Introduced by Sam Oosterhoff, MPP (Niagara West – Glanbrook), Opposition, the Bill was carried on First Reading on March 29, 2018.

More information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5863

  1. Bill 35 – Removing Barriers in Audiology and Speech-Language Pathology Act

This Bill is reintroduced. This Bill amends the Audiology and Speech-Language Pathology Act, 1991  to modify the scope of practice of audiology and speech-language pathology. The Bill expands the acts that may be performed by a member of the College of Audiologists and Speech-Language Pathologist in the course of engaging in the practice of audiology or speech-language pathology.

Introduced by Sam Oosterhoff (MPP – Niagara West-Glanbrook), Opposition, the Bill was carried on First Reading on March 29, 2018.

More  information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5865

 

Proposed Regulations

  1. Consultations – Potential Regulations for Rowan’s Law (Concussion Safety), 2018

Rowan’s Law (Concussion Safety), 2018 was passed on March 6, 2018. This new legislation will protect amateur athletes by improving concussion safety on the field and at school. It establishes mandatory requirements for annual review of concussion awareness resources that athletes, coaches, educators and parents are required to review before registering in a sport; removal from sport and return to sport protocol to ensure athletes are immediately removed from sport if they are suspected of having sustained concussion; and a concussion code of conduct that would set out rules of behaviour to minimize concussions while playing sports.

The Act is not into effect yet, except for Rowan’s Law Day, which will take place on September 28, 2018.

The government is interested in seeking input from multiple sector partners and the general public through consultation to develop the regulations to support the legislation. Once the feedback is received, the Government will draft regulations which will be posted for additional input.

Comments Due: May 7, 2018

More Information: http://www.ontariocanada.com/registry/view.do?postingId=27186&language=en

 

MOHLTC News Room

Ontario creating more long-term care beds for families in the Niagara Region

2018 Budget Boosts Access to Health Care for Peterborough Families

Better, Faster Access to Health Care Coming to the Brockville Area

2018 Budget Boosts Access to Health Care for Scarborough Families

 

Articles of Interest

Privacy

The high cost of accessing public records is a barrier to democracy, experts say

Companies will now have to tell Canadian consumers when their privacy is breached – and do it quickly

Facebook users taking closer look at privacy settings after data news

Health Care

Ontario doctors say ‘government mismanagement’ to blame for broken health-care system

Kicked, bit and hit, Ontario nurses want people to know about the violence they face

Confused and very alone: Concussion survivor calls for change to N.W.T healthcare

BC cracks down on doctors’ illegal billing with stiff penalties

Professional Misconduct

‘I will never be back to normal.’ Ontario doctor’s license suspended after more than 30 patients filed complaints

Newboro doctor with ‘special interest in pain management’ suspended for misconduct

What’s happening in our city this weekend:

Things to do in Toronto

Health Sector Payment Transparency Act, 2017

Status

Schedule 4 of Bill 160 enacts the Health Sector Payment Transparency Act, 2017 (the “Act”). On December 12, 2017, the Act received Royal Assent, but has not yet been proclaimed in force.

Purpose of the Act

The purpose of the Act is to require the reporting of information related to financial relationships that exist within Ontario’s health care system. The purpose is also to enable the collection, analysis and publication of that information in order to, among other things:

  • strengthen the transparency to sustain and enhance patients’ trust in both the health care system and health care providers, and
  • allow patients to make informed decisions about their health care by providing them with access to information.

The Act is similar to the Physician Payments Sunshine Act found in the United States and is the first of its kind in Canada. The Act calls attention to the financial relationship between the medical industry (such as pharmaceutical and medical device companies) and those involved in the health care sector (individuals and organizations) – it creates a regime that requires mandatory disclosure of private sector payments to health professionals. As part of Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017, the Act aims to enhance transparency, accountability, and the quality of care across the health care sector.

Requirements of the Act

The Act requires a “payor” to report to the Minister of Health and Long-Term Care (the “Minister”) information related to a “transfer of value” provided to a “recipient”, whether directly or indirectly through an intermediary. Intermediaries and affiliates may also be required to make reports, if requested by the Minister. The Act describes a payor as any of the following persons if the person provides a transfer of value to a recipient:

  1. A manufacturer that sells a medical product under the manufacturer’s own name or under a trade-mark, design, trade name or other name or mark that is owned or controlled by the manufacturer and that fabricates, produces, processes, assembles, packages or labels the product, even if those tasks are performed by someone else on the manufacturer’s behalf.
  2. A person who fabricates, produces, processes, assembles, packages or labels a medical product on behalf of a manufacturer described in #1.
  3. A wholesaler, distributor, importer or broker that promotes or facilitates the sale of a medical product.
  4. A marketing firm or person who performs activities for the purposes of marketing or promoting a medical product.
  5. A person who organizes continuing education events for members of a health profession on behalf of a manufacturer described in #1.
  6. A prescribed person or entity.

Note other relevant definitions:

  • “Transfer of value” means a transfer of value of any kind, including a payment, benefit, gift, advantage, perquisite or any other prescribed benefit.
  • “Recipient” means a prescribed person, as per the regulations, that receives a transfer of value from a payor.

The Act requires the following information to be reported:

  1. The name of the parties to the transaction.
  2. The source of the transfer of value (if requested).
  3. The parties’ respective business addresses.
  4. The date of the transfer of value.
  5. The transfer of value’s dollar value (or its approximate dollar value, if it is a non-monetary transfer of value).
  6. A description of the transfer of value (including reasons).
  7. Any other prescribed information.

The Act also requires the Minister to analyse the information that is reported for the purposes of health system research and evaluation, planning, and policy analysis. The Minister is allowed to disclose the information reported at least once in a calendar year. Furthermore, the Act establishes a framework for inspections and other compliance mechanisms.

Draft Regulations

In February 2018, draft regulations under the Act were published by the Ontario Government. Details found within the draft regulations include, among other things:

  • a list of 31 persons/entities that constitute recipients, including regulated health professionals; hospitals under the Public Hospitals Act and the Private Hospitals Act; psychiatric facilities under the Mental Health Act (subject to exceptions); a not-for-profit entity that operates a family health team or community mental health and addiction services; a licensee under the Long-Term Care Homes Act, 2007; a College under the Regulated Health Professions Act, 1991; a board member, director, trustee, officer, appointee, employee, or agent of a prescribed entity within this definition; etc.
  • a list of 24 items that are considered reportable transfer of values under the Act, such as cash or cash equivalents, honoraria, compensation for services, rebates and discounts, membership fees, supplies and equipment, food and beverages, travel and accommodation, personal gifts, royalties, etc.
  • the definition of intermediary – a person or entity is deemed to be providing or facilitating a transfer of value on behalf of a payor if the transfer of value originates from the payor (irrespective of whether the payor directs how the transfer of value is to be used by the intermediary or is aware of the identities of the recipients at the time the transfer of value is provided to the intermediary)
  • the monetary threshold for reporting a transfer of value set at $10 or more, and other exceptions to reporting requirements
  • other reporting requirements related to the classification of the transfer of value
  • new entities under the definition of payor, including community pharmacies and laboratories
  • the manner and frequency of reporting – every payor must report to the Minister every year, no later than June 30 in any year after 2019 for the previous calendar year.

Penalties

Penalties will be imposed on individuals and corporations for contravening the Act for each day or part of a day on which the offence occurs or continues to occur. These will range from $10,000-$25,000 for individuals and $50,000-$100,000 for corporations. However, a defence of due diligence is applicable in cases where all reasonable steps were taken to prevent the contravention, or at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts which, if true, would have resulted in there not being any contravention.

DDO Health Law Update

March 29, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill PR79 – Kingston Health Sciences Centre Act, 2018

 

Introduced by Sophie Kiwala, MPP (Kingston and the Islands), Government, the Private Bill was referred to the Standing Committee on Regulations and Private Bills on March 27, 2018.

 

On March 31, 2017, Kingston General Hospital (“KGH”) and Religious Hospitallers of Saint Joseph of Hotel Dieu of Kingston (“Hotel Dieu Hospital”) voluntarily integrated to become Kingston Health Sciences Centre (“KHSC”). KHSC has applied for special legislation to provide that all gifts, trusts, bequest, devices and grants of property to KGH or Hotel Dieu Hospital, or to the University Hospitals Kingston Foundation for the benefit of either of them, shall be used for KHSC for the purposes for which they would have been used had the two hospital not integrated.

 

If passed, this Bill would grant the application.

 

For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5655

 

Previously Report Bills

 

No updates to previously reported bills.

 

Approved Regulations

 

REG. 4/01: Approved Acts of Executors and Trustees

 

O.REG. 4/01 of the Charities Account Act will be amended on April 1, 2018 to allows directors of charities and “persons connected to a director” to receive payment for goods, services or facilities rendered under certain circumstances. This is a departure from existing charitable common law that prohibits directors of charities from receiving financial benefit, unless permitted by a court order.

 

The amended regulation sets out what a charity has to do in order to make a payment to a director or “person connected to a director”:

  • what payments or remunerations to directors do not apply;
  • how payments are to be made; and
  • what boards must consider before authorizing payment.

 

For more information: https://www.ontario.ca/laws/regulation/010004

 

Proposed Regulations

 

No new proposed regulations

 

News Room

Delivering a Plan for Care and Opportunity – Ontario continuing to invest in health care, child care and mental health

Major new investment will transform health care in Ottawa

Stronger hospitals, better care for York region

Ontario expands world-class cardiac care in Ottawa

 

Articles of Interest

 

Marijuana

Barry Sherman was helping to develop pot pill for medical marijuana users

 

Opioid Addiction

My Broken Heart: To the outside world, I was a happy Toronto mom. Privately, I was fighting a serious heroin addiction. I recovered, but my heart didn’t.

 

Privacy

Privacy controls must be placed back into the hands of the individual

Federal privacy commissioner launches investigation into Loblaw gift card policy

 

Professional Misconduct

Only Ontario doctor disciplined for over-prescribing opioids calls investigation a witch hunt

 

Health Care

Doctors have no idea how much drugs cost – a Toronto physician wants to change that

Liberals put health money into hospitals, focus on seniors

The hospital CEO who created the continent’s ‘first digital hospital’ is now behind Doug Ford’s health policy

 

Self-care

Where fat goes when you lose weight

One-month sugar detox: A nutritionist explains how and why

Your guide to surviving allergy season

 

What’s happening in our city this weekend:

Things to do this weekend in Toronto

 

 

DDO Health Law Update

March 23, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill 14 – Personal Information Protection Act, 2018

Introduced by Harinder S. Takhar, MPP (Mississauga – Erindale), Government, the Bill was referred to the Standing Committee on Justice Policy on March 22, 2018.

This Bill enacts the Personal Information Protection Act, 2018 (“PIPA”):

  • The Act would apply to every “organization”, which is defined as including persons, unincorporated associations, a trade union, a trust or a not-for-profit organization, but does not include individuals, public bodies and Ontario courts.
  • The Act also does not apply to Personal Information that is already subject to certain information protection statutes such as:
    • Freedom of Information and Protection of Privacy Act;
    • Municipal Freedom of Information and Protection of Privacy Act;
    • Personal Information Protection and Electronic Act;  and
    • Personal Health Information Protection Act, 2004.
  • Personal Information” means information about an identifiable person and includes employee personal information, but does not include contact information or work product information.

 

This Bill sets out general rules for the protection of Personal Information by organizations such as consent, collection, use, disclosure, access to, and correction of Personal Information. The Information and Privacy Commissioner would be responsible for monitoring the Act and ensuring that its purposes are achieved.

More Information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5817

 

Bill 18 – Careers in Medicine Advisory Committee Act, 2018

Introduced by Gil Martow (MPP, Thornhill), Opposition, the Bill was carried on First Reading on March 22, 2018.

This Bill enacts the Career in Medicine Advisory Committee Act, 2018 requiring the MOHLTC to establish an advisory committee to consult with organizations and persons to develop recommendations for ensuring graduates of Ontario medical schools are matched with residency programs, and to develop a Canadian-wide strategy to do so.

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5821

 

Proposed Regulations

 

No new proposed regulations

 

News Room

Ontario making historic investment in mental health care

Stronger Hospitals, Better Care

Dr. Kevin Smith appointed President & Chief Executive Officer of UHN

 

Articles of Interest

 

Marijuana

Health Canada proposes strict limits on marijuana packaging, production

Treat marijuana like any other farm crop, group tells city

Sorry, you might not be allowed to smoke pot in your condo

Plain packaging proposed for legal marijuana

 

Privacy

Patient details in the recycling? Hospitals should cut down on paper to protect privacy: study

Delete Facebook? Social media users weigh options amid data scandal

 

MAID

What happens when a patient says, ‘Doc, help me die’

Toronto group hopes to open home for patients seeking assisted death

Nurse practitioners not always compensated for providing MAID

 

Health Care

Wynne’s throne speech promises new spending on health care, home care and child care in Ontario

Health care experts hopes for long-term reform, ‘shift in philosophy’ for Ontario’s system

This Sudbury start-up will make medical house calls

Quebec town bans smoking on sidewalks and streets

CBC Toronto Interview with Health Minister Helena Jaczek

 

Mental Health

Ontario government pledges $2.1 billion to rebuild mental health system

 

Indigenous Mental Health

International experts talk Indigenous mental health approaches at Toronto symposium

 

Pharmacare

Ontario government expands Pharmacare program to seniors

 

Self-care

When is the First Day of Spring 2018? 4 Things to know about the Equinox

10 affordable ways to make spring break all about self-care

 

What’s happening in our city this weekend:

Best Toronto Restaurants 2018

Things to do in Toronto