Bill 160, a healthcare omnibus bill entitled Strengthening Quality and Accountability for Patients Act, 2017, was introduced in the Ontario Legislative Assembly on September 27, 2017. Bill 160 will, if passed, enact three new statutes, amend seven statutes and repeal five statutes, as well as making consequential amendments to a number of other pieces of legislation.
In terms of new legislation, Bill 160 will enact the new Health Sector Payment Transparency Act, 2017, which will make it mandatory for drug companies and others in the medical industry to disclose payments and other transfers of value, including meals, entertainment and other benefits of any kind, made to physicians and other recipients to be prescribed by regulation. The dollar value threshold for reporting these transactions will be set by regulation. This information will be used by the Ministry of Health and Long-Term Care (“Ministry”) for health system research, evaluation, planning and policy analysis. The information, which may include personal information, will also be made available to the public.
Another new statute to be enacted under Bill 160 will be the Oversight of Health Facilities and Devices Act, 2017, which will consolidate oversight for all community health facilities and for all energy applying and detecting medical devices (such as x-rays, CT scanners, MRIs and ultrasound machines) under the executive officer for community health facilities and energy applying and detecting medical devices (the “Executive Officer”), who shall be appointed by order in council. The Executive Officer will be responsible for the licensing of both community health facilities as well as operators of energy applying and detecting medical devices. The statute will also impose quality and safety standards, which will be outlined in regulations, and sets out a range of enforcement powers for contraventions of the statute, including the imposition of monetary penalties, the issuance of compliance orders and orders to cease operations, as well as the appointment of a supervisor to take over the operations of a community health facility that receives public funds where the Executive Officer considers it in the public interest to do so. The Oversight of Health Facilities and Devices Act, 2017 will also repeal the Private Hospitals Act, the Independent Health Facilities Act and the Healing Arts Radiation Protection Act.
The third new statute to be enacted under Bill 160 is the Medical Radiation and Imaging Technology Act, 2017. This statute will repeal and replace the existing Medical Radiation Technology Act. It will bring diagnostic medical sonography (ultrasound) under the same statute as other forms of medical imaging and will include sonographers as regulated health professionals under the to-be renamed College of Medical Radiation and Imaging Technologists of Ontario.
Bill 160 will amend the Health Protection and Promotion Act to permit the regulation of splash pads, wading pools and water slides, as well as hairdressers, tattoo and body piercing parlours, nail salons and other places where esthetic services are offered.
Bill 160 will also make a number of amendments to the Long-Term Care Homes Act, 2007 that are intended to strengthen the province’s ability to control and oversee long term care homes. Bill 160 will replace the existing rules on restraints with a consent-based regime for the confining of residents. Other amendments will provide for enhanced enforcement powers on the part of the province including the power to impose monetary penalties on long term care home operators who contravene the statute, to suspend their licenses and to issue binding policy and operational directives.
This has not been a comprehensive review of Bill 160 and the draft legislation may be amended substantially in the course of its passage through the Legislature. Not-for-profit and charitable healthcare providers should keep abreast of developments as Bill 160 makes its way through the legislative process.