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Bill 24, Health Care is Not for Sale Act (Addressing Unfair Fees Charged to Patients), 2022

Gélinas, France

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Bill 24 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Regulated Health Professions Act, 1991

in the following ways:

Section

3 of the Act is amended to provide that individuals be treated with fairness in

addition to sensitivity and respect in their dealings with health

professionals.

Section

51 of

Schedule 2 to the Act is amended to provide that a panel can find a member

has committed

an act of professional misconduct if the member or another person

has charged a patient an unfair fee for a service provided by the member. If the

panel makes such a finding, the panel may require the member to reimburse the

patient for the amount paid by the patient for the unfair fee as well as direct

the Registrar to suspend the member’s certificate of registration for three

months.

Section

84 of

Schedule 2 to the Act is amended to provide that the patient relations

program of a College must include measures for preventing and dealing with

unfair fees charged to patients.

Section

95 is amended to add a new regulation-making authority that authorizes the

Council to make a regulation defining “unfair fee”. The regulation is subject

to the approval of the Lieutenant Governor in Council with prior approval of

the Minister.

The

Bill also amends the Independent Health Facilities Act

in the following ways:

Section

18 of the Act is amended to provide that the Director may revoke or suspend a

licence in instances where the independent health facility is or will be

charging unfair fees to patients.

Section

20.1 of the Act is amended to provide that the Director may eliminate services

from the list and types of services in respect of which an independent health

facility is licensed if the Director is of the opinion that fees in respect of

the eliminated services are being charged, or will be charged, in a manner that

is unfair to patients.

Bill 24 2022

Act to amend the Regulated Health Professions Act, 1991 and the Independent

Health Facilities Act to address unfair fees charged to patients for health care

services

His

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

Province of Ontario, enacts as follows:

Regulated

Health Professions Act, 1991

Section 3 of the Regulated Health Professions Act, 1991

is amended by striking out “sensitivity and respect” and substituting

“sensitivity, fairness and respect”.

(1) Subsection 51 (1) of

Schedule 2 to the Act is amended by striking

out “or” at the end of clause (b.1) and adding the following clause:

(b.2) the

member or another person has charged a patient an unfair fee as defined in the

regulations for a service provided by the member; or

(2) Subsection

51 (2) of

Schedule 2 to the Act is amended by adding the following paragraph:

5.1.1 If

the act of professional misconduct was the charging of a patient an unfair fee,

i. requiring

the member to reimburse the patient for the amount paid by that patient for the

unfair fee, and

ii. directing

the Registrar to suspend the member’s certificate of registration for a period

of three months.

(3) Section

84 of

Schedule 2 to the Act is amended by adding the following subsection:

Measures

for charging unfair fees to patients

(1.1) The

patient relations program must include measures for preventing and dealing with

the charging of unfair fees to patients.

(4) Subsection

95 (1) of

Schedule 2 to the Act is amended by adding the following clause:

(i.1) defining

unfair fee for the purposes of clause 51 (1) (b.2);

Independent

Health Facilities Act

Clause 18 (1) (

e) of the Independent Health Facilities Act

is repealed and the following substituted:

(

e) the

Director is of the opinion that there is reasonable ground for belief that the

independent health facility is not being or will not be operated in accordance

with the law and with honesty and integrity, including that the facility is or will be charging unfair

fees to patients;

Subsection 20.1 (2) of the Act is amended by adding the following clause:

(b.1) the

Director is of the opinion that there is reasonable ground for belief that fees

in respect of the eliminated services are being charged, or will be charged, in

a manner that is unfair to patients;

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 Health Care is Not for

Sale Act (Addressing Unfair Fees Charged to Patients), 2022 .

Date Bill stage Event Outcome Committee

November 24, 2022

Second Reading

Vote

Lost on division

November 23, 2022

Second Reading

Question put

Vote deferred

November 23, 2022

Second Reading

Debated

October 26, 2022

First Reading

Ordered for Second Reading

October 26, 2022

First Reading

Vote

Carried

First Reading

October 26, 2022

Carried

Second Reading

November 23, 2022

French, Jennifer

Oshawa

Gélinas, France

Nickel Belt

Martin, Robin

Eglinton—Lawrence

Shamji, Adil

Don Valley East

Stiles, Marit

Davenport

Question put

November 24, 2022

Lost on division