November 8, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.
Bill 138, Plan to Build Ontario Together Act, 2019
This Bill introduced by Hon. Rod Philips, Minister of Finance, was carried on First Reading on November 6, 2019. The Bill enacts and amends several acts:
- Schedule 3 – Cannabis Control Act, 2017
- This Schedule amends sections 20 and 23 of the Act respecting approved youth education or prevention programs under the Act.
- Schedule 4 – Cannabis License Act, 2018
- This Schedule makes various amendments respecting the sale of cannabis in accordance with the Act. Amendments are made to permit online and telephone purchase of cannabis from cannabis retail stores.
- Schedule 5 – Child, Youth and Family Services Act, 2017
- This Schedule amends the CYFSA to allow a justice of the peace to issue a warrant authorizing a peace officer to bring a child to a place of safety in circumstances involving the child leaving or being removed from the care of a child welfare authority.
- Schedule 15 – Health Insurance Act
- There are various changes which include rules concerning health cards; records and information; power of the General Manager to refuse pay claims for services; and new rules for hearings by the Appeal Board.
- Schedule 19 – Independent Health Facilities Act
- Numerous changes to the Act, which include new rules for issuing of licenses and hearings by Boards and appeals from its decisions.
- Schedule 28 – Ontario Drug Benefit Act
- Section 6 of the Act is amended to require the executive officer to deduct from the amount the executive officer pays to an operator of a pharmacy an amount determined in accordance with the regulations. The Act is also amended to allow LGIC to make regulations governing the manner in which the executive officer determines any additional amount to be subtracted.
- Schedule 30 – PHIPA
- The following are some of the proposed changes to PHIPA:
- Using PHI that been de-identified to identify an individual is prohibited, subject to certain exceptions.
- The IPC is given the power to order the return of records of PHI that were improperly collected, used or disclosed.
- Regulation making powers are established concerning the role of Ontario Health under the Act, including prescribing under what circumstances a person or entity or group of persons or entities designated under subsection 29(1) of the Connect Care Act, 2019 may collect, use and disclose PHI.
- The Connecting Care Act, 2019 is amended to extend the protection from liability provided for actions under the Act to prescribed provisions of PHIPA and its regulations.
- Schedule 37 – Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019
- The Schedule enacts the Act, and the following are some of the changes:
- The Act provides that government entities, broader public sector entities and health sector entities must comply with regulations governing how they carry out supply chain management and requiring them to implement specified vendor performance standards and practices.
- The Act permits LGIC to designate or create a supply chain management entity to provide or support supply chain management on behalf of other entities.
More Information: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-138
Proposed and Approved Regulations
Amendments to Ontario Regulation 386/99 under the Home Care and Community Services Act, 1994 (HCCSA) and Ontario Regulation 201/96 under the Ontario Drug Benefit Act to enable access to end-of-life care for out of province patients moving to Ontario.
The Ministry is proposing to amend Regulation 386/99 to remove the requirement to be an insured person under the Health Insurance Act in the Regulation for professional services, personal support services and homemaking services to persons who meet the following criteria:
- They were residents of another Canadian province or territory where they have public health insurance coverage.
- They move directly to Ontario from the other province or territory for the purposes of receiving end-life care in the community.
- They meet the other eligibility criteria in Regulation 386/99 for the professional services, personal support services and/or homemaking services they are seeking.
The Ministry is proposing to make consequential amendments to O. Reg 201/96 to ensure recipients of certain professional services under HCCSA who do not have OHIP coverage are eligible for the ODB Program like other recipients of certain professional services who do not have OHIP coverage.
More Information: https://www.ontariocanada.com/registry/view.do?postingId=30947&language=en
Comment Due Date: Dec 20, 2019
Ontario Expanding End-of-Life Care in Durham
Ontario Investing in New Centre for Brain and Mental Health Care
Articles of Interest
UCP MLA’s bill on health workers’ conscience rights passes 1st reading, NDP fear it reopens abortion debate
Why accessing medical abortions is so difficult in Ontario
These Ontario organizations are trying to make abortion more accessible.
Sudbury’s first-ever health care summit
Province holding up doctors’ Blind River transfer
Ontario government to publish doctors’ billings as part of proposed changes to OHIP oversight
Things to do this Weekend
30 things to do in Toronto this weekend
Remembrance Day (Monday, November 11)
Royal Canadian Legion partners with Fortnite to teach military history for Remembrance Day
How to wear your poppy like a military veteran for Remembrance Day