Strengthening Quality and Accountability for Patients Act, 2017 (Bill 160): What You Need to Know Christelle Gedeon, Associate Laurie Turner, Associate October 30, 2017 Bill 160: Background Omnibus legislation that addresses the delivery of health care in Ontario If passed would create the following statutes: Health Sector Payment Transparency Act, 2017 Medical Radiation and Imaging Technology Act, 2017 Oversight of Health Facilities and Devices Act, 2017 Bill 160: Background (Continued) If passed would amend the following statutes:* Health Protection and Promotion Act Long-Term Care Homes Act, 2007 Ontario Mental Health Foundation Act (would be repealed) Ontario Drug Benefit Act Excellent Care for All Act, 2010 Retirement Homes Act, 2010 Ambulance Act *Consequential amendments to other statutes would also occur
Bill 160: Background (Continued) Date September 27, 2017 October 4, 2017 October 26, 2017 Action Bill 160 introduced by the Ontario Government Debate on Bill 160 began Bill 160 passed its Second Reading and was referred to the Standing Committee on General Government Proposed Amendments to: Ambulance Act Proposed Amendments to the Ambulance Act New allowances for transportation of persons to non-hospital settings New operational and policy directives by the Minister of Health to land ambulance operators Alternative options for on-scene emergency treatment Addresses the Minister s role in fees charged for ambulance services
Proposed Amendments to: Long-Term Care Homes Act, 2007 Proposed Amendments to the Long-Term Care Homes Act, 2007 Expansion of enforcement provisions Increases to administrative penalties New operational and policy directives by the Minister of Health in respect of long-term care homes Amendments to Health Care Consent Act re: confinement Proposed Amendments to: Ontario Drug Benefit Act
Proposed Amendments to the Ontario Drug Benefit Act Potential expansion to permit reimbursement for certain drugs where prescribed by prescribers other than physicians Proposed Enactment of: Health Sector Payment Transparency Act, 2017 Health Sector Payment Transparency Act, 2017: Summary If passed, this legislation would make it mandatory for the medical industry, including pharmaceutical and medical device manufacturers, to disclose payments made to health care professionals and organizations, as well as other recipients
Health Sector Payment Transparency Act, 2017: Purpose (a) strengthen transparency in order to sustain and enhance the trust that patients have in their health care providers and in the health care system; (b) provide patients with access to information that may assist them in making informed decisions about their health care; (c) provide the Minister and others with information for the purposes of health system research and evaluation, planning and policy analysis; and (d) provide for the collection, use and disclosure of personal information for these purposes. Who is Subject to the Reporting Requirement? Applies to a payor (as defined by the Act): Manufacturers that sell medical products Wholesalers, distributors, importers, and brokers that promote or facilitate the sale of medical products Marketing firms or persons who perform activities for the purpose of promoting medical products Persons who organize continuing education events for members of a health profession on behalf of a manufacturer that sells medical products When is the Reporting Requirement Triggered? When a transfer of value is provided directly by a payor to a recipient or indirectly by a payor to a recipient through an intermediary Transfer of Value includes a payment, benefit, gift, advantage, perquisite or any other prescribed benefit Exception: not required to report a transfer of value below a prescribed threshold dollar value
What information must be reported? The names of the parties to the transaction (whether a party is a business or an individual) If requested, the source of the transfer of value The parties business addresses The date of the transfer of value The dollar value of the transfer of value (or the approximate dollar value in the case of a non-monetary transfer) A description of the transfer of value, including the reasons for it Any other prescribed information. Enforcement and Compliance Inspections Audits Penalties for non-compliance Proposed Enactment of: Medical Radiation and Imaging Technology Act, 2017
Introduction of Medical Radiation and Imaging Technology Act, 2017 Repeal of Medical Radiation Technology Act, 1991 Expansion of membership of College of Medical Radiation Technologists of Ontario (and related change to name of the College) Change to scope of practice statement Proposed Enactment of: Oversight of Health Facilities and Devices Act, 2017 Introduction of Oversight of Health Facilities and Devices Act, 2017 Repeal of: Independent Health Facilities Act Healing Arts Radiation Protection Act Private Hospitals Act Introduction of new regulatory system for community health facilities ( CHCs ) and energy applying and detecting medical devices ( EADMDs ) Establishment of Executive Officer for CHCs and EADMDs
Introduction of Oversight of Health Facilities and Devices Act, 2017 Private Hospitals Independent Health Facilities Community Health Centres New provisions intended to increase safety and oversight of CHCs Introduction of Oversight of Health Facilities and Devices Act, 2017 Licensing of operators of EADMDs New inspection rights of premises where EADMDs are located Questions?
Contact Information Christelle Gedeon, Ph.D. Associate Trademark Agent +1 416 943 8978 cgedeon@fasken.com Laurie Turner Associate + 1 416 868 3446 lturner@fasken.com