August 2019 Archives

Innovations in healthcare are often the result of research and development initiatives. Such initiatives cannot be carried out without funding. Many broader public sector organizations that carry on health-related research in Ontario rely heavily on:

partnerships with private sector corporations, and
charitable donations from philanthropic individuals and organizations,

to fund their research activities.

Risks

If your broader public sector organization receives funds from corporate partners or charitable donors, then you should ensure that the agreements, through which your organization receives such funds, are properly drafted. If not drafted with some forethought, your organization could agree to contractual obligations that conflict with its legislative or regulatory requirements.

For example, a corporate partner that is providing funding to a public hospital for a research initiative may expect the hospital to utilize the funder’s brand of equipment to carry out the research. However, the purchase of equipment by a public hospital in Ontario must be carried out in compliance with the Broader Public Sector Procurement Directive and the Canada Free Trade Agreement. A hospital cannot purchase a significant piece of equipment without abiding by fair and transparent procurement processes, unless the procurement falls within an exemption or circumstance of non-application under applicable procurement regulations.

As us for guidance

If created with care, a funding agreement could be drafted in a manner that allows a purchasing organization to satisfy conditions imposed on the funds by a funder, while still allowing the purchasing organization to be in compliance with its procurement (and other regulatory) obligations.

DDO would be happy to provide advice on options for drafting your organization’s funding agreements. Contact mgleeson@ddohealthlaw.com.

DDO Health Law Update

By Pam Seto on August 19, 2019

Posted in Legislative Updates, New Legislation

August 16, 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

There are no new and approved regulations of interest.

DDO Training

DDO Health Law Privacy Officer Training – Early Bird Special!

Articles of Interest

Ontario Health Teams

Durham hopeful of selection as an Ontario Health Team

Health Care

Bring in pharmacare now, health experts ask federal leaders

Ontario man walks across country raining awareness for mental health

Ontario government to regulate autism therapists

A doctor’s warning: Safety is at risk in Ontario’s ERs

‘He doesn’t want us to give up on him’, family fights to keep life support

Nursing home residents with advanced dementia often face ‘distressing’ transfer, MDs find

Professionalism and Misconduct

Guelph doctor under investigation by Ontario College of Physicians and Surgeons

Edmonton pediatrician charged with child pornography offences

Doctor guilty of sexual abuse but revoking license too harsh court says

The harm to hospitalized patients cost Ontarians more than $1B a year: study

Ontario Tech students using AI to teach robots sympathy

CMPA supports appropriate use of AI in healthcare

Blood pressure monitoring could be as simple as a selfie, Canadian researchers says

DDO Health Law Update

By Pam Seto on August 12, 2019

Posted in Legislative Updates, New Legislation

August 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

REG 329/04 – PHIPA

The proposed amendments:

Ontario Health will assume current responsibilities of Cancer Care Ontario (“CCO”) under PHIPA as a prescribed entity and prescribed registry, and will also assume responsibilities of eHealth Ontario (“eHO”) for creating and maintaining the provincial electronic health record (“EHR”).
Revocation date of the regulation provisions enabling the operation of the EHR from January 1 2020, to January 1, 2021 to ensure eHO or Ontario Health, as the case may be, may continue to create and maintain the EHR while the government continues the work necessary before Part V.1 of PHIPA could be proclaimed into force.

Comments deadline: October 7, 2019

More Information: https://www.ontariocanada.com/registry/view_posting.jsp;jsessionid=afAHE_Jq5vrvgKY1PFsKy9t?language=en&postingId=30070