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.

Drafting Research Funding Agreements

Innovations in health care 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.

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 that the hospital will 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. 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.

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.

DDO Health Law Update

June 28, 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

 

Premier’s Council on Improving Healthcare and Ending Hallway Medicine Releases Second Report

Ontario investing in Hospital Infrastructure at SickKids

Government announces Ontario’s First-Ever Digital and Data Task Force, Unveils Second Phase of Data Strategy Consultations

 

Articles of Interest

 

Health Care 

Ford health-care adviser pushes for digital solutions ‘financial incentives’ to hallway medicine

Editorial: Transparency on what doctors bill OHIP informs the health-care debate

Opinion: A threat to the quality of cancer care in Ontario

Health care advisory council report gives Ford government wide berth to move forward with agenda

Less ‘playing with your poop’: Ontario introduces new colon cancer home screening kit

‘Disheartening’ having to issue HIV outbreak warning in Thunder Bay, medical officer of health says

 

Physicians

Revealed: Ontario’s Top 10 highest-billing doctors

They’re Ontario’s top-billing doctors, but for years their identities have been kept secret. Until now.

Patients benefit from insight into doctors’ pay

McMaster medical assistant wins grievance over termination despite “unethical’ drunken sex with student

 

Social Services

Children’s aid workers in Ottawa demand province reverse cuts

Human trafficking survivor says Indigenous women and girls especially at risk

 

Privacy

Ontario’s Information and Privacy Commissioner Calls for Updated Privacy Laws to Prepare for a Digital Ontario

 

Things to do this Weekend

Things to do this weekend in Toronto

Fireworks and festivities: Here’s your guide to Canada Day celebrations in Toronto

Canada Day weekend brings road closures to Toronto

DDO Health Law Update

June 21, 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 continues to unlock value of world-class health care agencies and redirects health care dollars from administration to direct patient care

Premier Ford Announces Changes to his Cabinet

 

Articles of Interest

 

Ontario Health Teams 

More than 150 groups apply to become OHT as competition for care intensifies

 

Health Care 

Ford government lays off more than 400 workers at Ontario health agencies Wednesday

416 ‘back-office’ workers laid off as Ontario merges health agencies

Champlain LHIN staff among hundreds across Ontario laid off

 

Artificial Intelligence

Ontario Human Rights Commission looking at AI impact on racial profiling

 

Physicians

More doctors are prescribing opioids to prevent their patients from dying of overdoses

Morale among some Ottawa Hospital doctors low amid ‘chaos’ of new records system rollout

 

Privacy

Privacy fears at an all-time high, former Ontario privacy commissioner says

Desjardins says personal info of 2.9 million members shared illegally by employee

Teens have privacy rights, doctor tells inquest into opioid death

 

Things to do this Weekend

50 things to do in Toronto this weekend

Pride Toronto weekend begins, parade to take place on Sunday

Toronto Raptors draw massive crowds to victory parade and rally

DDO Health Law Update

June 14, 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 ending hallway health care in Etobicoke with hospital expansion

 

Articles of Interest

 

Cannabis

OCS calls out for cannabis edibles, extracts producers

 

Ontario Health Teams 

OHT: Ontario Government rethinking numbers as more than 150 groups vying to deliver care

 

Health Care 

Ontario health minister announces hospital, EMS funding for transport of sick newborns

‘Dramatic’ doubling of teens visiting Ontario ERS with self-harm injuries

‘New 18 now is 28′: How screens delay teens’ emotional maturity

 

Artificial Intelligence

Toronto hospital to use AI, data science to understand mental health

 

Things to do this Weekend

7 big moments from the Raptors’ historic finals win

Reveling in glory of Raptors’ win, fans line up in droves to secure official team gear