DDO Health Law Update

July 26, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

No new and approved regulations of interest.

 

Ontario Newsroom

Ontario investing in new long-term care beds in Mississauga

Ontario investing in new long-term care beds in Brampton

Supporting seniors and their families through consultations across Ontario

 

Articles of Interest

Ontario Health Teams

Barrie healthcare group given green light to submit an application to form an Ontario Health Team

Southlake, partners get thumbs up to continue Ontario Health Team application

Province approves new Ontario Health Team for Windsor-Essex

Focus of Ontario health care restructuring shifts to the community

 

Health Care

The public inquiry into the safety and security of residents in the long-term care homes system: Inquiry update

BHATIA: The future of health care is digital

Hospital ‘black boxes’ begin providing data that will help reduce distractions, errors in operating room

 

Cannabis

Ontario First Nation divided over fate of legal cannabis grow-op on its land

Flavonoids are the next big thing in marijuana research

 

Public Health

The vaping epidemic is a major public health threat to our kids

How exactly does fat cause cancer?

 

Things to do

30 things to do in Toronto this weekend

DDO Health Law Update

July 19, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

Ontario Investing in New Program to Support Seniors’ Mental Health

Ontario opening more transitional care beds in the GTA

 

Articles of Interest

 

Ontario Health Teams

Orillia group chosen to establish new Ontario Health Team

Hamilton and Burlington health providers apply to be first in Ontario to reinvent care

 

Cannabis

Retail cannabis company wants to see store open in Kitchener

Cannabis sales jumped $11M in May as more stores open

Who’s really behind Toronto’s chain of illegal pot shops that won’t quit?

 

Health Care

Ontario hospital visits related to sexual assault much higher than previously thought: study

4 in 10 deaths avoidable in northern Ontario First Nation communities: report

 How one Ontario town is luring young doctors – and keeping them there

 

Privacy

Is privacy dead?

‘Just walk away from it’: The scary things companies like FaceApp can do with your data

 

Physicians

Nearly 53, 000 sexual assault cases treated by Ontario doctors over 15 years: study

 

AI

Former Vector Institute VP Darin Graham to lead LG’s Toronto AI Lab

 

Things to do this Weekend

35 things to do in Toronto this weekend

Update on Ontario Health Teams: The Self-Assessment Process is Complete

On July 18, 2019, Ontario’s Minister of Health and Long-Term Care hosted an audio webinar to announce that the Ministry has completed its review of the first phase of self-assessments to become Ontario Health Teams. Before the end of July, the Ministry expects to make public the list of applicants that have been identified as ready to proceed to the Full Application portion of the approval process.

During the webinar, the Ministry announced that 31 applicants will be invited to submit Full Applications. Full Applications are to be submitted for review in October of this year. The Ministry will soon make available online materials that will describe the processes and requirements for completion of a Full Application.

The Ministry hopes to provide final approval for the first wave of Ontario Health Teams before the end of the calendar year.

DDO Health Law Update

July 12, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

Ontario Expanding Midwifery Services

Electronic Press Kit Now Available: Ontario Expanding Midwifery Services

 

Articles of Interest

 

Cannabis

Ontario’s slow rollout of weed stores could help the black market thrive for longer

 

Health Care

About 150 Baycrest hospital workers let go after audit finds misuse in employment benefits

Ontario government wants to expand midwives’ ability to prescribe medications

 

Physicians

Search the Star’s database of Ontario’s top-billing doctors

Alliston doctors no longer practicing after probe into opioid prescribing

 

Things to do this Weekend

Meet the new Raptors trying to fill the Kawhi-shaped hole in Toronto’s heart

25 things to do in Toronto this weekend

Summerlicious – July 5 – 21

DDO Health Law Update

July 5, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

DDO Blogs

 

Procuring through a distributor: Set expectations early!

Drafting Research Funding Agreements

 

Ontario Newsroom

 

Ontario investing in expansion of the Ottawa Hospital

 

Articles of Interest

 

Health Care

Opinion: Ontario health quality will suffer under the Peoples Health Act

Opinion: Ontario Premier’s Council is getting it right on health care

 

Physicians

What next for Ontario’s top-billing doctors?

Of the 194 highest-billing doctors in Ontario, 54 are ophthalmologists. Why?

 

Privacy

Ontario privacy commissioner recommends updating laws to prepare for smart cities

 

Procuring through a distributor: Set expectations early!

When procuring goods our clients are sometimes faced with purchasing a good through a third party distributor rather than directly from the manufacturer of the good. An indirect purchase through a distributor can be problematic from a contractual perspective if the distributor is not willing to take full responsibility for all aspects of providing the relevant good (e.g., the delivery, performance, installation, and maintenance of the good, as applicable). Distributors sometimes attempt to avoid providing all of the product representations and warranties that would routinely be provided by a manufacturer of goods. A distributor may be hesitant to provide warranties on a good that it has neither manufactured nor tested itself.

In some such situations, a distributor may seek to share the risks related to the supply of a good by requesting that the purchaser enter into separate agreements with each of the distributor and manufacturer. The agreement with the distributor would identify such things as the products being purchased, pricing, and delivery terms, while the agreement with the manufacturer would address such things as product warranties, specifications, and service or maintenance terms. In our experience one of the primary difficulties of a two contract approach in this type of arrangement is that, unless the risk allocation terms of the two contracts are very carefully drafted and responsibilities are clearly delineated, the result could be that the purchaser is unclear as to which party is responsible for which obligations and risks. If something goes wrong, a purchaser could find itself in a situation in which all parties are pointing fingers at each other because the relevant contracts do not provide sufficient clarity as to which party bears responsibility for a particular type of damage.

The best case scenario from a purchaser’s perspective is for the purchaser to enter into only an agreement with the distributor, rather than agreements with both the distributor and manufacturer. This agreement with the distributor will require the distributor to take full responsibility for all risks related to the good and its supply to the purchaser. If the distributor wants the manufacturer to share responsibility for the good, then the distributor can enter into a separate agreement with the manufacturer to allocate risk between the distributor and manufacturer. This agreement would be separate and apart from the purchase agreement between the purchaser and distributor.

One solution that DDO has used to help avoid debate about what contractual arrangements will be utilized when purchasing through a distributor is to address this issue at the request stage of a procurement. If a purchaser requires, as a condition of participation in its RFP (or other requesting document, as applicable), the distributor to agree that it will be directly accountable to the purchaser for all risks and obligations related to the provision of the required good, then the purchaser can avoid having to negotiate this aspect of the contractual arrangements at a later stage in the procurement process. In this way we find that we can avoid some headaches related to a purchase through a distributor.