p42 s1 bill 175 b175rep e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 69 ELIZABETH II, 2020 Bill 175

An Act to amend and repeal various Acts respecting home care and community services The Hon. C. Elliott Minister of Health Government Bill 1st Reading February 25, 2020 2nd Reading March 10, 2020 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on the Legislative Assembly and as reported to the Legislative Assembly June 24, 2020) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 CONNECTING CARE ACT, 2019 The Connecting Care Act, 2019 is amended to replace references to “integrated care delivery systems” with references to “Ontario Health Teams”. Ontario Health (“the Agency”) is authorized to provide funding to a health service provider or O ntario Health Team for the purpose of the provider or Team providing funding to or on behalf o f an individual to purchase home and community care services.

Ontario Health Teams, health service providers and contracted service providers are prohibited from charging for home and community care services, except as provided for in the regulations. The Act is amended to include additional investigation powers that would only apply to prescribed home and community care services that include residential accommodation at the premises. These additional powers would allow an investigator to enter a dwelling in specified circumstances.

A justice of the peace may issue a warrant to enter a dwelling if the justice of the peace is satisfied on information under oath or affirmation that the investigator was prevented from entering the dwelling.

Section 27 of the Act is amended to provide that the notice requirement before appointing a supervisor does not apply to a health service provider or Ontario Health Team that provides prescribed home and community care services that include residential accommodation, where in the Minister’s opinion, there is an immediate threat to the health, safety, or well-being of persons receiving home and community care services at the premises owned or operated by the provider or Team. This

section would also specify that certain provisions of the Employment Standards Act, 2000 , Labour Relations Act, 1995 and the Pay Equity Act do not apply when a supervisor is appointed under this section. A new

Part V.1 is added to the Act which contains enforcement and penalty provisions. It is prohibited to obstruct or interfere with an investigator, to provide false information, to refuse to provide information as required under the Act and to fail to comply with an order made under this Part. It is also prohibited f or a person or entity to represent themselves as an “Ontario Health Team”, unless they have been designated as an Ontario Health Team under

section 29 of the Act or have received written authorization from the Minister to use the title “Ontario Health Team”. This Part would also confer authority on the Minister to issue binding compliance orders or to make an application to the Superior Court of Justice for an order directing the person or entity to comply with this Part. It would also set out procedural requirements, offence and penalty provisions and other requirements with respect to issuing compliance orders and prosecuting offences under th e Act.

This Part also provides that the Minister may publish on a website or make available to the public the name of the person or entity to whom an order is directed or who is convicted of an offence under this Act and a description of the non -compliance or the offence. A new

Part V.2 is added to the Act that sets out the complaints and appeals process for home and community care services. This Part would require a health service provider or Ontario Health Team that provides home and community care services under this Act to establish a process for reviewing complaints in accordance with prescribed requirements. This Part would allow a person to appeal to the Healt h Services Appeal and Review Board (the “Appeal Board”) a prescribed decision of the health service provider or Ontario Health Team concerning a complaint if the prescribed requirements are met.

This Part would also specify the procedural rules that apply to proceedings and decisions of the Appeal Board under the Act, the powers of the Appeal Board, and that a decision of the Appeal Board under this

Part is final and binding and not subject to further appeal. Assorted other amendments are also made to the Act.

SCHEDULE 2 MINISTRY OF HEALTH AND LONG-TERM CARE ACT The Ministry of Health and Long -Term Care Act is amended to maintain the Minister’s power , currently existing under the Home Care and Community Services Act, 1994 , to enter into agreements with Indig enous organizations to provide for home and community care services for Indigenous communities. The Act is also amended to continue the Minister’s right of subrogation and direct recovery with respect to costs incurred for home and community care services and long-term care services.

SCHEDULE 3 HOME CARE AND COMMUNITY SERVICES ACT, 1994, REPEAL AND CONSEQUENTIAL The

Schedule provides for the repeal of the Home Care and Community Services Act, 1994, and allows for the repeal of select provisions on different dates.

ii Consequential amendments are made to the Excellent Care for All Act, 2010 that would continue the jurisdiction of the Patient Ombudsman over certain prescribed home and community care services funded under the Connecting Care Act, 2019. A consequential amendment is made to the Health Care Consent Act, 1996 that would remove references to the Home Care and Community Services Act, 1994.

Consequential amendments are made to the Health Protection and Promotion Act that would amend the definitio n of “health care provider or health care entity” to add a reference to a health service provider or Ontario Health Team that provides a home and community care service under the Connecting Care Act, 2019. A reference to a service provider within the meaning of the Home Care and Community Services Act, 1994 is removed.

Consequential amendments are made to the Local Health System Integration Act, 2006 that would remove references to community services and service providers within the meaning of the Home Care and Community Services Act, 1994 , and add references to home and community care services and health service providers or Ontario Health Teams that provide home and community care services within the meaning of the Connecting Care Act, 2019.

Subsection 20.1 (2) of the Act is amended to maintain that the restriction set out in subsection 20.1 (1) of the Act would not apply to an agreement entered into between a local health integration network and a health service provider that provides home and community ca re services that requires a health service provider to deliver services in a specified geographic area in Ontario. A consequential amendment is made to the Mental Health and Addictions Centre of Excellence Act, 2019 that would add a definition of “Ontario Health Team” within the meaning of the Connecting Care Act, 2019 .

The Act would also be amended by replacing a reference to “integrated care delivery systems” with “Ontario Health Teams”. Consequential amendments are made to the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998 that would remove a reference to the Home Care and Community Services Act, 1994 and add a reference to the Connecting Care Act, 2019.

Consequential amendments are made to the Personal Health Information Protect ion Act, 2004 that would add references to home and community care services and health service providers or Ontario Health Teams that provide home and community care services within the meaning of the Connecting Care Act, 2019 . The definition of “health in formation custodian” is amended to maintain that health service providers, Ontario Health Teams and contracted service providers that provide home and community care services pursuant to funding under

section 21 of the Connecting Care Act, 2019 are health information custodians within the meaning of that Act.

Section 1 of the Private Hospitals Act is amended to exclude a premises owned or operated by a health service provider or Ontario Health Team that is funded under

section 21 of the Connecting Care Act, 2019 to provide prescribed home and community care services that include residential accommodation from the definition of “private hospital”.

Bill 175 2020

An Act to amend and repeal various Acts respecting home care and community services CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Connecting Care Act, 2019

Schedule 2 Ministry of Health and Long-term Care Act

Schedule 3 Home Care and Community Services Act, 1994, Repeal and Consequential Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Connecting People to Home and Community Care Act, 2020.

SCHEDULE 1 CONNECTING CARE ACT, 2019 1 (1) Subsection 1 (1) of the Connecting Care Act, 2019 is amended by adding the following definition: “Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long -Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”)

(2) The definition of “de -identify” in subsection 1 (1) of the Act is amended by striking out “subsection 47 (1)” and substituting “section 2”.

(3) The definition of “integrated care delivery system” in subsection 1 (1) of the Act is repealed. (4) Subsection 1 (1) of the Act is amended by adding the following

definitions: “compliance order” means an order made under

section 43.5; (“arrêté de conformité”) “Ontario Health Team” or “Team” means a person or entity, or a group of persons or entities, designated under

section 29; (“équipe Santé Ontario”, “équipe”)

(5) Paragraph 6 of subsection 1 (2) of the Act is repealed and the following substituted: 6. A not-for-profit entity that provides home and community care services. (6) Subsection 1 (3) of the Act is repealed.

(7) Section 1 of the Act is amended by adding the following subsection: Local health integration networks, certain services

(4) Where provided for in the regulations, a local health integration network is deemed to be a health service provider, and to have been funded by the Agenc y under

section 21, for the purposes of this Act and its regulations and any other Act or regulations, subject to any prescribed exceptions, and unless the context requires otherwise. (8) Subsection 1 (4) of the Act, as enacted by subsection (7), is repealed. 2

(1) The English version of the Act is amended by striking out “integrated care delivery system” and “integrated care delivery systems” wherever they appear and substituting in each case “Ontario Health Team” and “Ontario Health Teams” as the case may be.

(2) The English version of the Act is amended by striking out “provider or system”, “a provider or a system” and “provider’s or system’s” wherever they appear and substituting in each case “provider or Team”, “a provider or a Team” or “provider’s or Team’s” as the case may be. (

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 175 b175rep e.pdf
Type	bill
Volume / chapter	p42 s1 bill 175 b175rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d00bd2c7e17c62334b314546668ec14e13c4c0b1

Source file is stored in the law ingest library (pdf).