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Bill 144, Healthcare Staffing Agencies Act, 2023

Gélinas, France

Gates, Wayne

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Status

Debates

Original

Bill 144 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Healthcare Staffing Agencies Act, 2023 .

The Act provides that every hospital and long-term care home in a municipality

with a population of 8,000 or more shall develop a plan to limit its spending

on healthcare staffing agencies in accordance with a specified timeline.

Every

healthcare staffing agency established after the Act comes into force shall

operate as a not-for-profit. If a healthcare staffing agency receives more than

$400,000 in total from the Government of Ontario or any of its transfer

payments agencies, the healthcare staffing agency is subject to oversight by

the Auditor General, the Patient Ombudsman, the Ontario Ombudsman and the

Integrity Commissioner. The agency’s employees are also included on the

Sunshine List.

healthcare staffing agency shall not pay its workers assigned to a hospital or

long-term care home more than 10 per cent above the existing rate in the

hospital or long-term care home for the relevant profession. A healthcare

staffing agency shall not poach employees from hospitals or long-term care

homes.

Bill 144 2023

Act respecting healthcare staffing agencies

His

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

Province of Ontario, enacts as follows:

Definition

this Act,

“healthcare

staffing agency” means an agency that provides workers to hospitals or

long-term care homes for a fee.

Plan

(1) Every

hospital and long-term care home in a municipality with a population of 8,000 or

more shall develop a plan to limit its spending on healthcare staffing agencies

in accordance with subsection (4).

Publicly

available

(2) The

plan referred to in subsection (1) shall be made publicly available.

Timeline

for development

(3) The

plan referred to in subsection (1) shall be developed no later than six months

after the day this

section comes into force and shall be updated every six

months thereafter.

Limitations

on spending

(4) The

plan referred to in subsection (1) shall limit the spending of the hospital or

long-term care home on healthcare staffing agencies as follows:

1. For

a hospital or long-term care home in a municipality with a population of

500,000 or more, the following:

i. After

six months, spending on healthcare staffing agencies must be limited to 1 per cent

of the hospital or long-term care home’s spending on staffing.

ii. After

12 months, spending on healthcare staffing agencies must be limited to 0.5 per cent

of the hospital or long-term care home’s spending on staffing.

iii. After

24 months, the hospital or long-term care home must no longer make use of

healthcare staffing agencies.

2. For

a hospital or long-term care home in a municipality with a population of

100,000 to 499,999, the following:

i. After

six months, spending on healthcare staffing agencies must be limited to 2 per cent

of the hospital or long-term care home’s spending on staffing.

ii. After

12 months, spending on healthcare staffing agencies must be limited to 1 per

cent of the hospital or long-term care home’s spending on staffing.

iii. After

24 months, the hospital or long-term care home must no longer make use of

healthcare staffing agencies.

3. For

a hospital or long-term care home in a municipality with a population of 8,000

to 99,999, the following:

i. After

six months, spending on healthcare staffing agencies must be limited to 5 per

cent of the hospital or long-term care home’s spending on staffing.

ii. After

12 months, spending on healthcare staffing agencies must be limited to 3 per

cent of the hospital or long-term care home’s spending on staffing.

iii. After

24 months, the hospital or long-term care home must no longer make use of

healthcare staffing agencies.

Other

contents

(5) The

plan shall include the following:

1. The

amount that was expected to be spent on healthcare staffing agencies in the

previous six months and the amount that was actually spent on healthcare

staffing agencies during that period.

2. The

amount that was spent on staffing, other than on healthcare staffing agencies,

during the six-month period referred to in paragraph 1.

3. Measures

to ensure patients receive safe, quality and humane care during the transition away

from the use of healthcare staffing agencies.

Leadership

(6) The

individual in charge of nursing care at the hospital or long-term care home

shall have a leadership role in developing the plan.

New

agencies

Any healthcare

staffing agency established after the day this

section comes into force shall

operate as a not-for-profit within the meaning of the Not-for-Profit

Corporations Act, 2010 .

Oversight

If a

healthcare staffing agency receives more than $400,000 in total from the

Government of Ontario or any of its transfer payments agencies, the healthcare

staffing agency is subject to the following:

1. Oversight

by the Auditor General.

2. Oversight

by the Patient Ombudsman.

3. Oversight

by the Ontario Ombudsman.

4. Oversight

by the Integrity Commissioner.

5. Inclusion

of its employees on the Sunshine List.

Charges

(1) A

healthcare staffing agency shall not pay its workers assigned to a hospital or

long-term care home more than 10 per cent above the existing rate in the

hospital or long-term care home for the relevant profession.

Same

(2) Charges

for transportation, accommodation and per diem for agency staff charged to

hospitals and long-term care homes shall be made public, paid directly to the

agency staff worker and subject to any prescribed limits.

Poaching

employees

(1) A

healthcare staffing agency shall not poach employees from hospitals or

long-term care homes.

Offence

(2) Every

healthcare staffing agency that violates subsection (1) is guilty of an offence

and is liable on conviction of a fine not exceeding $1,000,000.

Fines

(3) Any

fines collection in accordance with subsection (2) shall be used to fund

hospitals and long-term care homes.

Assignment

of employees

healthcare staffing agency shall not assign a health care worker who is already

employed by a hospital or long-term care home or who left this employment

within the previous 12 months in the same or adjacent Ontario Health Team.

Regulations

The

Minister may make regulations prescribing limits to charges for the purposes of

subsection 5 (2).

Commencement

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

Short

title

The

short title of this Act is the Healthcare Staffing Agencies Act, 2023 .

Date Bill stage Event Outcome Committee

October 31, 2023

First Reading

Ordered for Second Reading

October 31, 2023

First Reading

Vote

Carried

First Reading

October 31, 2023

Carried

Ordered for Second Reading

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