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Bill 212, Connecting Care Amendment Act (Patient Bill of Rights), 2020

Fraser, John

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Status

Debates

Acts affected

Original

Bill 212 Original (PDF)

EXPLANATORY

NOTE

This

Bill amends the Connecting Care Act, 2019 to add a

bill of rights that applies to persons who receive health care services.

The

bill of rights sets out a number of rights that persons receiving health

services have, including the right to have access to an essential caregiver.

These

rights prevail over the provisions of other Acts or regulations. Applications

may be made to the Superior Court of Justice for a declaration that these

rights have been contravened, and the court may make any order that the court

considers appropriate to enforce the rights.

Bill 212 2020

Act to amend the Connecting Care Act, 2019 with respect to a patient bill of

rights

Her

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

Province of Ontario, enacts as follows:

Subsection 1 (1) of the Connecting Care Act, 2019 is

amended by adding the following definition:

“essential

caregiver” means an individual described in

section 1.1; (“fournisseur de soins

essentiel”)

The Act is amended by adding the following section:

Essential

caregiver

1.1 For the purposes of

this Act, an individual is an essential caregiver for another individual if the

individual,

(

a) is

designated by the other individual as their essential caregiver; and

(

b) continuously

or occasionally provides personal, financial, social, psychological, emotional

or physical support or assistance or any other personal care or health services

to the other individual.

The Act is amended by adding the following Part:

Part

I.1

Patient BILL OF RIGHTS

Patient

Bill of Rights

2.1

(1) A health

service provider shall ensure that the following rights of persons receiving

care from the health service provider are fully respected and promoted:

1. A

person receiving a health service has the right to be dealt with by the health

service provider in a courteous and respectful manner and to be free from

mental, physical and financial abuse by the health service provider.

2. A

person receiving a health service has the right to be dealt with by the health service

provider in a manner that respects the person’s dignity and privacy, that

promotes the person’s autonomy and that recognizes the person as a member of

their own care team.

3. A

person receiving a health service has the right to be dealt with by the health

service provider in a manner that recognizes the person’s individuality and

that is sensitive to and responds to the person’s needs and preferences,

including preferences based on ethnic, spiritual, linguistic, familial and

cultural factors.

4. A

person receiving a health service has the right to information about the health

services provided to the person and to be told who will be providing the health

services.

5. A

person applying for a health service has the right to participate in the health

service provider’s assessment of their requirements and a person who is

determined to be eligible for a health service has the right to participate in

the health service provider’s development of the person’s plan of service, the

health service provider’s review of the person’s requirements and the health

service provider’s evaluation and revision of the person’s plan of service.

6. A

person has the right to give or refuse consent to the provision of any health

service.

7. A

person who is incapable of making their own decisions with respect to the

provision of any health service has the right to a substitute decision maker in

any health care setting at any time.

8. A

person receiving a health service has the right to raise concerns or recommend

changes in connection with the health service provided to the person, and in

connection with policies and decisions that affect their interests, to the

health service provider, government officials or any other person, without fear

of interference, coercion, discrimination or reprisal.

9. A

person receiving a health service has the right to be informed of the laws,

rules and policies affecting the operation of the health service provider and

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

health service provider.

10. A

person receiving a health service has the right to be informed of the persons

and organizations that are involved in providing them the health service.

11. A

person receiving a health service has the right to have their records kept

confidential in accordance with the law and to know to whom their personal

health information has been disclosed.

12. A

person receiving a health service has the right to a complete, accessible

personal health record that is available without delays or unreasonable cost.

13. A

person receiving a health service has the right to designate another person as

their essential caregiver, to have access to that essential caregiver in any

health care setting at any time, and to have that essential caregiver treated

with respect as a valuable contributor to the care team.

14. A

person receiving a health service has the right to receive information about

any rights they have to appeal a decision of the health service provider or

file a complaint about the conduct of a health service provider.

15. A

person receiving a health service who launches an appeal or complaint described

in paragraph 14 has the right to continue receiving health services from the

health service provider without reprisal for the appeal or complaint.

Guide

to

interpretation

(2) This

Act and the regulations shall be interpreted so as to advance the objective

that the rights set out in subsection (1) be respected.

Rights

have primacy over other Acts or regulations

(3) Where

a provision in

an Act or regulation purports to require or authorize conduct

that is a contravention of the rights set out in subsection (1), the rights set

out in subsection (1) apply and prevail unless the Act or regulation

specifically provides that it is to apply despite the rights set out in

subsection (1).

Applications

to court

(4) A

person may apply to the Superior Court of Justice for a declaration that a

health service provider has contravened subsection (1) or that a provision of

an Act or regulation purports to require or authorize conduct that is a

contravention of the rights set out in subsection (1).

Powers

of court

(5) If

the court makes a declaration under subsection (4), the court may make any

order that the court considers appropriate to enforce the rights set out in

subsection (1).

Section

binds Crown

(6) This

section binds the Crown and every agency of the Crown.

Commencement

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

Short

title

The

short title of this Act is the Connecting Care

Amendment Act (Patient Bill of Rights), 2020 .

Date Bill stage Event Outcome Committee

October 6, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

October 6, 2020

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 212

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

Connecting Care Act, 2019

Legislative Assembly of Ontario

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