Strengthening Quality and Accountability for Patients Act, 2017 (Bill 160): What You Need to Know

Christelle Gedeon, AssociateLaurie 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repealed) • Ontario Drug Benefit Act• Excellent Care for All Act, 2010• Retirement Homes Act, 2010• Ambulance Act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 ActionSeptember 27, 2017 Bill 160 introduced by the Ontario

Government October 4, 2017 Debate on Bill 160 beganOctober 26, 2017 Bill 160 passed its Second

Reading and was referred to the Standing Committee on General Government

Proposed Amendments to: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 the Ambulance Act

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

• New provisions intended to “increase safety and oversight” of CHCs

Private Hospitals Independent Health Facilities

Community Health Centres

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 8978cgedeon@fasken.com

Laurie TurnerAssociate + 1 416 868 3446lturner@fasken.com