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

Sattler, Peggy

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Acts affected

Original

Bill 102 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Health Protection and Promotion Act ,

the Home Care and Community Services Act, 1994 and

the Ministry of Health and Long-Term Care Act .

Health

Protection and Promotion Act

new

section 11.1 is added to the Act requiring home care clinics to establish a

process for reviewing complaints and requiring the operator of a home care

clinic to notify the medical officer of health if a complaint is made. Also, a

new

section 15.1 is added to the Act requiring every person who intends to

commence to operate a home care clinic to give notice to the medical officer of

health.

Care and Community Services Act, 1994

Paragraph

8 of subsection 3 (1) of the Act is amended to update the rights of persons

receiving community services with respect to persons receiving community

services at a home care clinic. A new

section 30.1 is added to the Act requiring

the operator of a home care clinic to provide the address of the clinic to the

medical officer of health.

Section 31 of the Act is amended by adding a new

subsection (2) which requires the operator of a home care clinic to ensure that

certain information is posted in the clinic in a conspicuous and easily

accessible location. A new

section 62.1 is added to the Act 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) of the Act 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.

Bill 102 2019

Act to amend the Health Protection and Promotion Act, the Home Care and

Community Services Act, 1994 and the Ministry of Health and Long-Term Care Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Health

Protection and Promotion Act

Subsection 1 (1) of the Health Protection and Promotion

Act is amended by adding the following definition:

“home

care clinic” has the same meaning as in subsection 2 (1) of the Home Care and Community Services Act, 1994 ; (“clinique de

soins à domicile”)

Subsection 10 (2) of the Act is amended by adding the following paragraph:

3. Home

care clinics.

The Act is amended by adding the following section:

Complaint

re home care clinics

11.1

(1) A home

care clinic shall establish a process for reviewing complaints made to it about

health hazards related to infection prevention and control at the clinic.

Same

(2) If

a complaint is made to a home care clinic under subsection (1), the operator of

the clinic shall notify the medical officer of health of the health unit in

which the clinic is located.

The Act is amended by adding the following section:

care clinics, notice of intention to commence operation

15.1 Every person who

intends to commence to operate a home care clinic shall give notice of the

person’s intention to the medical officer of health of the health unit in which

the home care clinic will be located.

Care and Community Services Act, 1994

Subsection 2 (1) of the Home Care and Community Services

Act, 1994 is amended by adding the following

definitions:

“dwelling

unit” means real property used or designed for use as a home or as a place in

which one or more persons may sleep; (“logement”)

“home

care clinic” means any premises, other than a dwelling unit, a hospital or

other prescribed premises, where professional services as set out in subsection

(7) are provided; (“clinique de soins à domicile”)

Paragraph 8 of subsection 3 (1) of the Act is repealed and the following

substituted:

8. A

person receiving a community service, including a service at a home care

clinic, has the right to be informed of the laws, rules and policies affecting

the operation of the service provider or home care clinic, as the case may be, and

to be informed in writing of the procedures for initiating complaints about the

service provider, including the procedures for submitting complaints about a home

care clinic to a medical officer of health.

The Act is amended by adding the following section:

Documents

and information for medical officer of health re home care clinics

30.1 The operator of a home

care clinic shall give the address of the clinic to the medical officer of

health of the health unit in which the clinic is located.

Section 31 of the Act is amended by adding the following subsection:

care clinics

(2) Every

person who operates a home care clinic shall ensure that the information set

out in subsection (1) is posted in the clinic, in a conspicuous and easily

accessible location and in a manner that complies with any prescribed

requirements.

Subsection 62 (1) of the Act is amended by adding “and

section 62.1” after

“this section” in the portion before the definition of “record”.

The Act is amended by adding the following section:

Inspection

of home care clinics by medical officers of health

62.1 A medical officer of

health shall, at least once a year, enter a home care clinic and inspect the

clinic, the services provided at the clinic and the records relevant to the

inspection for the purpose of ensuring compliance with this Act and the

regulations.

Ministry

of Health and Long-Term Care Act

Subsection 6 (1) of the Ministry of Health and Long-Term

Care Act is amended by adding the following paragraph:

13. To

oversee and inspect home care clinics as defined in subsection 2 (1) of the Home Care and Community Services Act, 1994 .

Commencement

and

Short Title

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Closing Oversight

Loopholes for Home Care Clinics Act, 2019 .

Date Bill stage Event Outcome Committee

May 2, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

May 2, 2019

Second Reading

Vote

Carried

May 2, 2019

Second Reading

Debated

April 29, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

April 29, 2019

Committee

Second Reading

May 2, 2019

Ms. Peggy Sattler, Mr. Amarjot Sandhu, Ms. Teresa J. Armstrong, Mr. Rudy Cuzzetto, Ms. Sara Singh, Ms. Christine Hogarth, Mr. Jeremy Roberts

May 2, 2019

Declared carried. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

Acts affected - Bill 102

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Health Protection and Promotion Act

Home Care and Community Services Act, 1994

Ministry of Health and Long-Term Care Act

Legislative Assembly of Ontario

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