DDO Health Law Update

June 3, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill 116, Foundations for Promoting and Protecting Mental Health and Addictions Services Act, 2019

 

This Bill introduced by Hon. Christine Elliott, Minister of Health and Long-Term Care was carried on First Reading. The Bill enacts two Schedules:

  • Schedule 1 – Mental Health and Addictions Centre of Excellence Act, 2019
    • Ontario Health shall establish and maintain within Ontario Health, a Mental Health and Addictions Centre of Excellence.
  • Schedule 2 – Opioid Damages and Health Care Costs Recovery Act, 2019
    • This Schedule enacts the Opioid Damages and Health Care Costs Recovery Act, 2019 and makes a complementary amendment to the Limitations Act, 2002
    • The Act give Ontario a direct and distinct action against manufacturers and wholesalers of opioid products to recover costs of health care benefits caused or contributed by an opioid-related wrong.
    • Ontario can recover the cost of health care benefits with respect to particular individual insured persons or on an aggregate basis, with respect to a population of insured persons.
    • The Act also changes the rules with respect to the limitation periods. Section 6 of the Act permits an action for damages or for recovery of the cost of of health care benefits, alleged to have been caused or contributed by an opioid-related wrong, to be commenced by Ontario before, or within 15 years after, that section comes into force.

More Information: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-116

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

https://news.ontario.ca/mgs/en/2019/05/ontario-takes-action-to-protect-privacy-and-personal-data.html

https://news.ontario.ca/mohltc/en/2019/05/improving-quality-mental-health-and-addictions-services-across-ontario.html

https://news.ontario.ca/mcys/en/2019/05/members-of-the-ontario-autism-program-advisory-panel.html

 

Articles of Interest

 

Ontario Health Teams 

https://www.thestar.com/opinion/contributors/2019/05/30/what-is-needed-for-ontario-health-teams-to-succeed.html

 

Health Care 

https://www.ctvnews.ca/health/ontario-couple-pledges-100m-for-endowment-one-of-canada-s-biggest-ever-1.4442747

https://www.cbc.ca/news/canada/toronto/ford-clark-monday-announcement-1.5150991

https://www.cbc.ca/news/canada/toronto/smoking-leave-the-pack-behind-doug-ford-1.5156620

 

Mental Health

https://globalnews.ca/news/5320551/ontario-government-mental-health-addictions-agency/

https://www.thestar.com/news/gta/2019/05/31/ontarios-mental-health-courts-help-keep-people-from-jail-but-many-racialized-defendants-dont-know-they-exist-report-says.html

 

#WetheNorth

https://globalnews.ca/video/5334875/artist-behind-mural-of-raptors-kawhi-leonard-says-torontos-energy-after-previous-finals-inspired-design

https://www.sportsnet.ca/basketball/nba/raptors-prove-theyre-unfazed-unfamiliar-spotlight-historic-win/

https://www.theglobeandmail.com/opinion/article-the-real-meaning-of-the-toronto-raptors-run-to-the-nba-finals/

 

 

 

DDO Health Law Update

May 24, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

No new bills of interest.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

DDO Training, Blogs and Articles

 

Venue seating sold out for the Privacy Officer training May 30, 2019.   Webcast spaces still available.

Sign up for Privacy Officer Training!

 

Articles of Interest

 

Ontario Health Teams and Partnerships

Haliburton Highlands Ontario Health Team proposed

Orillia group makes pitch to form an Ontario Health Team

Eastern Ontario rural health units say merging with Ottawa doesn’t make sense

 

Health Care and Not-for-Profit Sector

10 ex-Ontario health ministers issue joint letter decrying ‘attack on public health’

Opinion: Ontario health minister’s modernization plan: cut now, figure out the details later

‘Death by donation’: Why some doctors say organs should be removed from some patients before they die

Children’s aid societies facing $28M cut in provincial funding

Opinion: Defence of public health care has begun in a B.C. courtroom

 

Artificial Intelligence

Ontario government cuts $24 million in funding to two artificial intelligence research institutes

Doug Ford met with chorus of boos at Collision conference amid string of tech funding cuts

 

Privacy

Toronto plastic surgeon told to remove security cameras from consult rooms

Nova Scotia: More than 2,500 privacy breaches at N.S. Health authority in recent years, report says

New ‘digital charter’ to emphasize Canadians’ control over personal data

Opinion: Five reasons Canada’s Digital Charter will be a bust before it even gets going

Part X of the CYFSA: A Guide to Access and Privacy for Service Providers

 

Things to do this Weekend

35 things to do this weekend

DDO Health Law Update

May 16, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

  1. Bill 114, Nancy Rose Act (Paediatric Hospice Palliative Care Strategy), 2019

 

Introduced by Sandy Shaw (MPP – Hamilton West – Ancaster – Dundas), NDP, the Bill was carried on First Reading.

This Bill enacts the Nancy Rose Act (Paediatric Hospice Palliative Care Strategy), 2019. The Act requires the MOHLTC to develop and implement a paediatric hospice palliative care strategy for Ontario.

More Information: Bill 114

 

  1. Bill 102, Closing Oversight Loopholes for Home Care Clinics Act, 2019

 This Bill is still before the Standing Committee on Justice Policy.

 More Information: Bill 102

 

  1. Bill 100, Protecting What Matters Most Act (Budget Measures), 2019

This Bill is in Third Reading.

More Information: Bill 100

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

DDO Training, Blogs and Articles

Sign up for Privacy Officer Training!

 

Articles of Interest

 

Cannabis

New cannabis license rules could make Canada’s supply shortage even worse

 

Ontario Health Teams and Partnerships

Province’s plan to redraw health unit boundary raises concerns

Northumberland County health care stakeholders propose Ontario Health Team model

Kawartha Lakes groups discuss forming Ontario Health Team

Area health-care providers take first step for system overhaul

Huron Perth Healthcare wants to establish an Ontario Health Team

 

MAID

Answering the call for an assisted death has ‘taught me more about living my life than dying’: MAID Manager

Ontario’s highest court rules doctors must give referrals for services they oppose

Ontario’s top court rules religious doctors must offer patients an ‘effective referral’ for assisted dying, abortion

 

Health Care

Ontario public health cuts will endanger the public

Regulator rejects complaints against Toronto doctor who called for gun ban after Danforth shooting

Proposed $1.1 billion class-action suit targeting opioid drug makers filed in Ontario

Stem cell research institute latest victim of Ford government cost cutting

US generic drug companies hit by price-fixing claims

 

Abortion

Could Alabama’s abortion ban embolden supporters in Canada?

Opinion: Anti-abortion activists are wrong – but so is Canadian law

Trudeau says U.S. state abortion bans are ‘backsliding on women’s rights’

Doug Ford says abortion issue won’t be reopened

 

Artificial Intelligence

Canada’s artificial intelligence boom: How it will change our lives

 

Things to do this Weekend

Things to do on Victoria Day long weekend in Toronto

DDO Health Law Update

May 10, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

  1. Bill 102, Closing Oversight Loopholes for Home Care Clinics Act, 2019

 

This Bill is still before the Standing Committee on Justice Policy.

More Information: Bill 102

 

  1. Bill 100, Protecting What Matters Most Act (Budget Measures), 2019

 

This Bill is still before the Standing Committee on Finance and Economic Affairs.

More Information: Bill 100

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

DDO Training, Blogs and Articles

 

Sign up for Privacy Officer Training Launch Day May 30th!

New rules should spark procurement practice review – Michael Gleeson

 

Government Newsroom

 

Ontario investing in mental health to improve community safety and support frontline workers

Ontario adding more mental health and addiction services in communities across the province

 

Articles of Interest

 

Cannabis

In the wake of alarming stories, Canadians are less open to marijuana edibles: poll

Health Canada changes cannabis licensing process in bid to cut wait times

 

Ontario Health Teams and Partnerships

No rush for local health team proposal

Elgin-St. Thomas groups looking to form Ontario Health Team

Health Providers hope OHT will encompass Grey Bruce

Health units in northern Ontario brace for big change

Become an Ontario Health Team

Local hospital corporations ponder amalgamation in response to reforms

Two mental health organizations in Whitby join forces

Wellington Health Care Alliance meets to discuss new Ontario health reforms

 

Health Care

‘It’s about coming together’: mental health funding announced same day advocate speaks in Windsor

Ontario to expand use of mobile crisis teams to help first responders

Midwives mark 25 years in Ontario’s health-care system

Ontario Telemedicine Network lays off 44 staff

Ontario cut eHealth and research budgets, spending documents show

25 years after phase-out began, Ontario is cancelling remaining red-and-white health cards

Health minister maintains more ‘virtual care’ coming despite layoffs

‘People are in despair’: MP delivers farewell speech with plea for palliative care improvements

 

Professionalism and Compliance

Ontario doctor wins cyber libel case against malicious web critic

Ontario doctor who sexually abuses four patients during exams loses licence

Former NOSM resident has license suspended by Ontario College of Physicians and Surgeons

 

Artificial Intelligence

AI in health care is not about replacing humans

How conversational AI could remake health care

Aging seniors to reap long-term health benefits from Edmonton-based artificial intelligence project

How Canadian AI is kick-starting new discoveries in health and science

Edmonton doctors, AI scientists team up with drug giant in health software project

 

Insightful Reads

How I survived a psychotic break

For people with dementia, a fight for the right to die

 

Things to do this Weekend

Things to do this weekend in Toronto

DDO Health Law Update

May 3, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

 

Bill 102, Closing Oversight Loopholes for Home Care Clinics Act, 2019

 

Introduced by Peggy Sattler (MPP – London West), NDP, the Bill was ordered to be referred to the Standing Committee on Justice Policy on May 2, 2019.

 

This Bill amends the following:

  • Health Protection and Promotion Act
    • New section is added requiring home care clinics to establish a process for reviewing complaint and requiring the operator of a home care clinic to notify the medical officer of health if a complaint is made.
    • New requirement that a person who intends to commence to operate a home care clinic to give notice to the medical officer of health.
  • Home Care and Community Services Act, 1994
    • Rights of persons receiving community services at a home care clinic is updated.
    • New requirement that operator of a home care clinic to provide address of the clinic to the medical officer of health, and to ensure certain information is posted in the clinic in a conspicuous and easily accessible location.
    • A new section added to give medical officers of health the right and responsibility to inspect home care clinics.
  • Ministry of Health and Long-Term Care Act
    • Subsection 6(1) is amended by adding the duty to oversee and inspect home care clinics to the duties of the Minister of Health and Long Term Care.

More Information: Bill 102

 

Bill 100, Protecting What Matters Most Act (Budget Measures), 2019

 

This Bill is before the Standing Committee on Finance and Economic Affairs.

More Information: Bill 100

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

DDO Training, Blogs and Articles

Sign up for Privacy Officer Training!

 

Government Newsroom

Ontario Delivers Simpler, Faster, Better Services for Ontarians with New Digital Plan

 

Articles of Interest

 

Cannabis

First-time cannabis use up after legalization, StatsCan reports

The challenges with medical cannabis in the workplace

Cannabis, smartphones and mental illness: How workplace health and safety is changing

 

Health Care System

Doug Ford’s OHIP move strikes at the heart of medicine

Doctor shortage forces Lower Sackville walk-in clinic to shut down

Thousands gather at Queen’s Park to protest against Ford government health cuts

Ontario health care cuts will reduce quality of Queen’s Park protest

Wait times for ambulances at ERs on the rise: EMS chief

Nova Scotia: N.S. Government may have to step into sick note controversy, say lawyers

 

Artificial Intelligence

Preventing disease through AI: Laura Rosella is using machine learning to suggest ways to reduce diabetes rates

 

Interesting Reads

Watch first-ever drone delivery of organ for transplant

 

Things to do this Weekend

Things to do this weekend

Every new title coming to Netflix Canada in May

DDO Health Law Update

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

Bills

 

Bill 100, Protecting What Matters Most Act (Budget Measures), 2019

 

This Bill is still in second reading.

More Information: Bill 100

Proposed Regulations

 

REG 201/96 – Implementing a Health Network System Processing Fee, Ontario Drug Benefit Act (“ODBA”)

MOHLTC is proposing amendments to the regulation under the ODBA that would change pharmacy reimbursement policies to introduce an administration fee for the processing and payment of drug claims, and establish a smarter, more efficient and fiscally responsible system to delivery publicly funded health benefits. This amendment is conditional on the introduction and passage of legislative amendments related to the ODBA. The amendments would introduce an administration fee of $0.10 for the processing and payment of drug claims, and would be deducted from each claim for payment submitted by a pharmacy for a drug funded under the Ontario Drug Benefit Program.

More Information: https://www.ontariocanada.com/registry/view.do?postingId=29431&language=en

Comment Due Date: May 24, 2019

 

Reg 201/96 – Establishing Efficient Pharmacy Reimbursement Policies, ODBA

MOHLTC is proposing the following amendments:

  • Prescribing a tiered mark-up payable to pharmacies and dispensing physicians for supplying listed drug products under the ODBA that is based on the cost of the drug dispensed; and
  • Removing the payment of a dispensing fee for drug products supplied for a long term care (“LTC”) home resident by a pharmacy service provider retained by the LTC home. Instead of dispensing fee, these pharmacy service providers would receive a professional fee for all pharmacy services provided to the LTC home that is based on the number of beds in the home.

More Information: https://www.ontariocanada.com/registry/view.do?postingId=29454&language=en

Comment Due Date: May 24, 2019

 

Reg 79/10, Long-Term Care Homes Act, 2007

Proposed amendments allow the designation of High Acuity Priority Access Beds in LTC homes. Applicants meeting eligibility criteria would be placed on a separate waiting list. To be eligible, applicant would need to require and likely benefit from the following:

  • Ongoing nursing and other personal care given by or under the supervision of a registered nurse who has relevant expertise whether as the result of training or experience; or
  • Ongoing technology-based care that requires the support of a member of a college as defined under the Regulated Health Professions Act, 1991.

More Information: https://www.ontariocanada.com/registry/view.do?postingId=29389&language=en

Comment Due Date: May 22, 2019

 

Regulation 552, Health Insurance Act

MOHLTC is proposing to amend regulation 552 under the Health Insurance Act to end the Ontario Health Insurance Program (OHIP) coverage for emergency services (arising while outside of the country) for Ontarians travelling outside of Canada. If approved, this change would take effect October 1, 2019.

More information: https://www.ontariocanada.com/registry/view.do?postingId=29390&language=en

Comment Due Date: April 30, 2019

 

DDO Training, Blogs and Articles

Sign up for Privacy Officer Training!

 

Articles of Interest

 

Cannabis

11 Ontario cannabis stores have been fined $12,500 for not being open yet

Ontario pharmacist now required to complete a cannabis course

 

Health Care System

Nova Scotia: This is the face of the health-care crisis: Woman issues plea to N.S premier

Ontario looks to cut OHIP program covering emergency medical costs abroad

London-area hospital trio eye Ontario health team application

Ottawa’s chief medical officer talks priorities as public health agency braces for change

Ontario’s proposed cuts welcomed by critics of ’boutique psychiatrists’ who over-treat wealthy patients

Ambulance dispatchers in ‘hectic and unhealthy’ office, MPP Fife says

Randall Denley: Ontario’s health system needs change. But has Ford got it right?

Provincial cuts will cost Hamilton millions and threaten public health services

 

Long Term Care Homes

Advocates cry foul after Ontario officials alter nursing home inspection report without explanation

 

Privacy

Privacy watchdog taking Facebook to court, says company breached privacy laws

 

Professionalism and Misconduct

Edmonton gynecologist cleared of misconduct charge

Vaughn doctor arrested for allegedly sexually assaulting female patient during physical exam

 

Things to do this Weekend

Things to do this weekend in Toronto

Everything to do, see, eat and drink at Stackt, Toronto’s new outdoor market made of shipping containers

Toronto’s 25 best sandwiches