July 2018 Archives

This Bill was 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), Government, the Bill was carried on First Reading on July 18, 2018.

More information: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-3

Approved Regulations

The following regulations all came into effect on July 1, 2018.

Amendments to O.REG 79/10 under the LTCHA, 2007

The following amendments were approved and filed:

Introduction of administrative monetary penalties and re-inspection fee
Technical amendments related to the posting of a Director’s contact information and declaration of cannabis-related offences under applicable federal law by long-term care staff and volunteers

https://www.ontariocanada.com/registry/view.do?postingId=26946&language=en

Regulation 552: General, Health Insurance Act

Regulation 552 is amended to make it clear that an insured person receiving in-patient services at a private hospital is entitled to receive accommodation and meals at the standard or public ward level at no extra charge.

http://www.ontariocanada.com/registry/view.do?postingId=26566&language=en

Regulation 38/18 – Improvements to the Ministry of Transportation’s Medical Reporting Program

Regulation 38/18 amended the mandatory reporting requirements to provide clear direction to the medical community on what types of conditions of patients, 16 years of age or older, must be reported to the Ministry of Transportation.

https://www.ontariocanada.com/registry/view.do?postingId=24751&language=en

Regulation 268/18 made under the Smoke-Free Ontario Act, 2017

This regulation responds to the changing landscape related to tobacco, vapour products and medical cannabis.

https://www.ontariocanada.com/registry/view.do?postingId=26469&language=en

Articles of Interest

Opioids

Toronto Board of Health votes to lobby Ottawa to decriminalize all drugs

Marijuana

Disability benefit recipients denied medical marijuana coverage

Privacy

Ottawa Hospital fires employee after privacy breach involving 30 patients

Thousands of patient records held for ransom in Ontario home care data breach, attackers claim

Health Care

Gene tests can provide health clues – and needless worry

Striking staff to demand Ontario improve wages for private health care workers

Ottawa clinic warns 4,600 patients of hepatitis, HIV risk over unclean equipment

Busting the myth of bloated health care bureaucracy

Premier Doug Ford promises sex-ed curriculum consultations will be largest in Ontario history

Wettlaufer Inquiry

Ontario’s chief coroner testifies at Wettlaufer inquiry

Professional Misconduct

Sudbury doctor accused of sexual abuse to face disciplinary committee

Lawyer who claimed he was voted ‘No. 1 in Client Satisfaction’ hit with misconduct finding

Changes to doctor misconduct records still weeks away

What’s happening in our city this weekend:

Things to do this weekend in Toronto

DDO Health Law Update

By Pam Seto on July 13, 2018

Posted in Legislative Updates, New Legislation

July 13, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

Parliament has resumed. No new bills of interest.

Proposed Regulations

No new regulations of interest.

Articles of Interest

Opioids

Toronto’s chief medical officer calls for decriminalization of all personal drug use

Health Care

Ford uses throne speech to signal dramatic changes that loom for Ontario

Garron family donates $10-million to St.Joseph’s Health Centre in Toronto

A year ago Christine Elliott was a patient of the health system she now oversees as minister

Judgment-free mobile clinic will provide health care to hard-to-reach women

Professional Misconduct

Kitchener neurologist faces hearing over allegations of sexual misconduct

Mental Health

U of T to vote on controversial mental health absence policy

Privacy

Health Canada ordered to release confidential drug company data on HPV vaccines

Protect privacy of foster children

How activists are fighting back against facial recognition

What’s happening in our city this weekend:

Things to do this weekend in Toronto

It will be peak patio weather this weekend

Conducting Supplier Debriefings

By Michael Gleeson on July 6, 2018

Posted in Contracts, Hospitals, Procurement

The Broader Public Sector Procurement Directive entitles unsuccessful proponents participating in a procurement valued at $100,000 or more to a supplier debriefing. A debriefing is an opportunity for a proponent to:

discuss with the purchaser the strengths and weaknesses of the proponent’s submission in relation to the evaluation criteria of the procurement;
ask questions related to the procurement process; and
provide feedback on how the procurement process and the purchaser’s practices could be changed or improved.

A purchaser must include in the documents that initiate a procurement details about supplier debriefings, including the process by which a proponent can request a debriefing. A purchaser must provide proponents with at least 60 days following contract award notification to request a debriefing.

A debriefing should be a process that allows both the purchaser and a proponent to gain valuable input from the other. However, if not conducted properly, a debriefing could lead to additional questions or process-related challenges from a proponent, which would likely mean greater costs being incurred by the purchaser for staff time and legal fees.

To ensure that your organization carries out debriefings efficiently, effectively, and in keeping with applicable regulatory and contractual obligations, your debriefing processes should be formalized to ensure consistency and your staff should be educated on restrictions imposed by applicable procurement requirements and contractual obligations.

DDO is experienced in helping our clients to:

establish straight-forward and effective processes for addressing debriefing requests;
ensure that their staff are up-to-date on current legislative and regulatory requirements related to debriefings;
create an agenda for debriefings that will allow for consistency across debriefings and contribute to the (a) equitable treatment of proponents and (b) transparency of the process;
formalize document management and record-keeping procedures for debriefings;
train procurement staff on leading a debriefing and on identifying questions that are out of scope of a debriefing; and
educate staff on the confidentiality obligations that a purchaser owes to the proponents in a procurement process.

If you are interested in DDO providing your organization with advice on debriefings, or if you have any specific questions related to debriefings, please do not hesitate to reach out to me: mgleeson@ddohealthlaw.com

DDO Health Law Update

By Pam Seto on July 6, 2018

Posted in Legislative Updates, New Legislation

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

Bills

New bills will be added after the new Parliament begins.

Proposed Regulations

No new regulations of interest.

Articles of Interest

Educating Your Procurement Team

By Michael Gleeson on July 4, 2018

Posted in Procurement

“An ounce of prevention is worth a pound of cure.”

One good way to help your organization avoid claims related to a procurement process is to provide some simple training to your staff members who will be participating in the procurement process. In many cases your internal evaluation team will include individuals for whom procurement is not an everyday part of their jobs. These staff members will likely be unaware of the basic principles, rules, and processes with which your organization must carry out its procurement activities.

DDO believes that there is significant value in educating your internal procurement team on such things as:

conflicts of interest;
treatment of incumbent vendors;
the dangers of politicizing procurement decisions;
confidentiality;
communication with proponents during the procurement process;
process transparency; and
equal treatment of vendors.

If your staff are unfamiliar with the above-listed ideas, which are essential for a properly run procurement process, a staff member could unwittingly put your organization in breach of applicable procurement rules. Such a breach could force you to re-do the relevant procurement process and put your organization at risk of a legal claim brought by an unhappy proponent.

DDO can help you to create simple and efficient tools to ensure that your procurement team has knowledge of (or, as applicable, are simply reminded of) essential procurement rules prior to their participation in a procurement process.

Contact me: mgleeson@ddohealthlaw.com

Monthly Archives: July 2018

Bills

Approved Regulations

Articles of Interest

Bills

Approved Regulations

Articles of Interest

Bills

Proposed Regulations

Articles of Interest

Bills

Proposed Regulations

Articles of Interest

Government

OHIP+

Wettlaufer Inquiry

Privacy

What’s happening in our city this weekend: