Regulated Health Professions Statute Law Amendment Act, 2009 Matthews, Hon. Deborah Minister of Health and Long-Term Care — Bill 179 (39th Parliament, 1st Session)

Bill 179, 39-1

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Bill 179, Regulated Health Professions Statute Law Amendment Act, 2009

Matthews, Hon. Deborah Minister of Health and Long-Term Care

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[39] Bill 179 Royal Assent (PDF)

Bill 179 2009

An Act to amend

various Acts related to regulated health professions and certain other Acts

Note: This Act amends or

repeals more than one Act. For the legislative history of these Acts, see the

Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Commitment to the Future of Medicare Act, 2004

(1) Section

8 of the Commitment to the Future of Medicare Act, 2004 is amended by adding

the following

definitions:

"College" means a College within the meaning of the Regulated

Health Professions Act, 1991, but does not include the College of Physicians and Surgeons of Ontario; ("ordre")

"designated service" means a

service,

(

a) that has been designated by

the regulations as a designated service,

(

b) that is not an insured

service,

(

c) that is rendered by a member

of a prescribed College while the member is engaging in the practice of his or

her health profession, or, if the regulations so provide in the case of a

regulation making the dispensing of a drug a designated service, a member of

the College of Physicians and Surgeons of Ontario, and

(

d) that is provided under the

circumstances, if any, or in accordance with the limitations and conditions, if

any, that are provided for in the regulations; ("service désigné")

"Minister" means the Minister of

Health and Long-Term Care; ("ministre")

(2) The

Act is amended by adding the following section:

Designated services

11.1

(1) Where a service has

been designated as a designated service, no person or entity may charge or

accept payment or other benefit for a designated service rendered to an insured

person, except as permitted by and in accordance with the regulations.

Determination

(2) A prescribed person may make a determination that a

charge, payment or other benefit was made or accepted contrary to subsection

(1).

Application to Board

(3) Any person or entity with standing may apply to the

Board,

(

a) for a review to

determine whether a charge, payment or other benefit was made or accepted contrary

to subsection (1); or

(

b) for a review of a

determination made under subsection (2).

Standing

(4) For the purposes of subsection (3), "person or entity

with standing" means,

(

a) in clause (3) (a),

(

i) a person or entity

that charged or may have charged or accepted or may have accepted payment or

other benefit for a designated service rendered to an insured person,

(ii) an insured person

to whom a designated service was rendered or may have been rendered or who was

charged or may have been charged for a designated service or who paid for or

provided a benefit or may have paid for or provided a benefit for a designated

service,

(iii) a prescribed

person referred to in subsection (2), or

(iv) any other person or

entity provided for in the regulations; and

(

b) in clause (3) (b),

(

i) a person or entity

that has been determined to have charged or accepted payment or other benefit

for a designated service rendered to an insured person,

(ii) an insured person

to whom a designated service was rendered who has been determined to have been

charged or determined to have paid for or provided a benefit for the designated

service, or

(iii) any other person

or entity provided for in the regulations.

Appeal

(5) Any party to a matter before the Board under this

section may in the circumstances provided for in the regulations appeal from

the Board's determination or order to the Divisional Court in accordance with

the rules of the court.

Evidence

(6) Section 23 of the Health

Insurance Act applies to the matter before the Board as if it were a hearing

under

section 21 of the Health Insurance Act.

Filing with court

(7) A copy of a determination or order made by the Board

under this

section may be filed with the Superior Court of Justice after the

time in which an appeal may be made has passed, and once filed shall be entered

in the same way as a judgment or order of the Superior Court of Justice and is

enforceable as an order of that court.

Regulations

(8) The Lieutenant Governor in Council may make

regulations governing designated services, and without restricting the

generality of the foregoing, may make regulations,

(

a) designating services

as designated services and, for the purposes of the definition of "designated

service",

(

i) providing for the

circumstances under which a service is a designated service,

(ii) providing for

limitations and conditions on the provision of a designated service,

(iii) prescribing

Colleges for the purposes of the definition of "designated service";

(

b) limiting any charges

or payments for rendering a designated service to an insured person to charges

made to or payments accepted from the Crown in right of Ontario and providing

for audits and for the recovery and reimbursement of amounts received contrary

to this Act or the regulations;

(

c) defining "charge",

"payment", "benefit", "dispensing" or "drug" for the purposes of this section;

(

d) governing when, to

whom, by whom, in what circumstances and in what amounts, charges may be made

or payments may be accepted for rendering designated services, including

establishing maximum amounts that may be charged, and prohibiting charges and

payments, in full or in part;

(

e) governing the making of payments, including governing

the information that must be maintained in support of such payments and the

information that must be furnished in connection with them, and governing the

manner in which payments must be made and the times within which they must be

made;

(

f) governing the information that must be provided to a

person who is charged for a designated service;

(

g) specifying services that are not designated services;

(

h) where the dispensing of a drug is designated as a

designated service, clarifying the relationship between this Act and the Drug

Interchangeability and Dispensing Fee Act or any other Act or law, including

specifying which Act or law prevails in the case of a conflict;

(

i) prescribing persons for the purposes of subsection (2);

(

j) governing any matter before the Board under this

section, including providing for,

(

i) applications and the giving of notice,

(ii) the parties to the proceedings,

(iii) the manner in which the proceedings shall be

conducted and the conduct of proceedings,

(iv) when the Minister or another prescribed person is

entitled to be heard or otherwise make submissions,

(

v) the powers of the Board upon making a determination,

(vi) the circumstances in which an appeal of the

determination or order of the Board may be made to the Divisional Court,

(vii) the powers of the Divisional Court upon the appeal.

Public

consultation

(9) Section 7 applies

to the making of regulations under this section, with necessary modification.

(3) Subsections 16 (1) to

(6) of the Act are repealed and the following substituted:

Disclosure of information

(1) The General Manager or, in the case of a determination

regarding

section 11.1 and if the regulations so provide, another prescribed

person may require that any person or entity submit information to the General

Manager or the prescribed person for the purposes of determining whether there

has been a contravention of or a failure to comply with any of the following provisions,

if the General Manager or prescribed person is of the opinion that such a

contravention or failure may have taken place:

Section

10, 11.1, 13, 17 or 18 of this Act.

Section

15 or 15.1 of the Health

Insurance Act .

Section

3 of the Independent Health

Facilities Act .

Same

(2) The information

mentioned in subsection (1) may be any information that the General Manager or

prescribed person reasonably considers is necessary for the purposes mentioned

in subsection (1).

Time and form

(3) Subject to the

regulations, the information shall be submitted and disclosed,

(

a) in the form required by the General Manager or

prescribed person; and

(

b) within 21 days of the receipt by the person or entity

of the request by the General Manager or prescribed person.

Extension of time

(4) The General

Manager or prescribed person may extend the period of time mentioned in clause

(3) (

b) for a time that he or she believes is reasonable in the circumstances,

if the General Manager or prescribed person believes that the person or entity

cannot submit or disclose the information within the period of time for reasons

that he, she or it cannot control.

Suspension of

payments

(5) The Minister, the

General Manager or a prescribed person may suspend payments under the Plan or

under the Independent Health Facilities Act or under any other Act, law or system

of payments to a person or entity during any period when the person or entity

fails to comply with subsection (1) without just cause, whether or not the person

or entity is convicted of an offence.

Reporting

(6) Any person shall

report to the General Manager or to a prescribed person any information

relating to the administration or enforcement of this Part or the regulations,

the Health Insurance Act or the Independent Health Facilities Act if the person

believes it to be in the public interest to do so.

Regulations

(7) The Lieutenant Governor in Council may make

regulations defining "system of payments" for the purposes of this section.

(4) Subsection 20 (3) of the

Act is repealed and the following substituted:

Exemptions

(3) The Lieutenant Governor in Council may make

regulations exempting any person or entity or class of persons or entities from

the application of any provision of this Part, and may make such an exemption

subject to any condition that may be provided for in the regulations.

Chiropody

Act, 1991

2. (1) Subsection 5 (1) of the Chiropody Act, 1991

is amended by adding the following paragraph:

4. Administering, by

inhalation, a substance designated in the regulations.

(2) Subsection 5 (2) of the

Act is amended by adding the following paragraph:

5. Administering, by inhalation, a substance designated in

the regulations.

(3) Section

5 of the Act is amended by adding the following subsections:

Additional

requirements for authorized acts

(3) A member is not

authorized to perform a procedure under paragraph 4 of subsection 5 (1) or

paragraph 5 of subsection 5 (2) unless the member performs the procedure in

accordance with the regulations.

Additional

grounds of professional misconduct

(4) In addition to the

grounds set out in subsection 51 (1) of the Health Professions Procedural Code,

a panel of the Discipline Committee shall find that a member has committed an

act of professional misconduct if the member contravenes subsection (3).

(4) Section

13 of the Act is repealed and the following substituted:

Regulations

(1) Subject

to the approval of the Lieutenant Governor in Council and with prior review by

the Minister, the Council may make regulations,

(

a) designating the substances that may be administered by

injection or inhalation;

(

b) regulating and governing the administration of

substances by injection or inhalation by members and ancillary matters,

including, without limiting the generality of the foregoing,

(

i) setting requirements respecting the administration of

substances,

(ii) governing the purposes for which, or the circumstances

under which, substances may be administered,

(iii) setting requirements for p

Document details

Collection	Ontario — Bills
Citation	Bill 179, 39-1
Type	bill
Volume / chapter	p39 s1 bill 179 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	65bb423a53a899177021ba406fbd0ae4384be4cf

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