Excerpts From the Bill

Bill 41, Patients First Act, 2016

An Act to amend various Acts in the interests of patient-centred care
Sponsored by Hon. Eric Hoskins ,Minister of Health and Long-Term Care

Current Status: Consideration by Standing Committee on the Legislative Assembly

Below are selected excerpts from the document.
Items highlighted in red are concerning. Comments that arise from them are highlighted in dark.

10.  The Act is amended by adding the following sections:

Directives by Minister

   11.1  (1)  The Minister may issue operational or policy directives to a local health integration network where the Minister considers it to be in the public interest to do so.

Binding

(2)  A local health integration network shall comply with every directive of the Minister.

General or particular

   (3)  An operational or policy directive of the Minister may be general or particular in its application

Does this mean the Minister can override the LHIN after it just created LHINs to give the power back to the community?

12.1  (1)  The Minister may appoint one or more investigators to investigate and report on the quality of the management and administration of a local health integration network, or any other matter relating to a local health integration network, where the Minister considers it in the public interest to do so.

Powers

(2)  An investigator may, without a warrantand at reasonable times,

  (a)  enter the premises of a local health integration network; and

  (b)  inspect the premises and the records relevant to the investigation

Shouldn’t an investigator require a warrant if they suspect wrong doing?

Powers of investigator

   (4)  An investigator conducting an investigation may,

  (a)  require the production of records or anything else that is relevant to the investigation, including books of account, documents, bank accounts, vouchers, correspondence and payroll records, records of staff hours worked and records of personal health information;

  (bexamine and copy any record or thing required under clause (a);

   (c)  upon giving a receipt and showing the evidence of appointment,remove a record or anything else that is relevant to the investigation for review or copying, as long as the review or copying is carried out with reasonable dispatch and the record or thing is promptly returned to the local health integration network;

  (d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

  (e)  question a person on matters relevant to the investigation.

Obligation to produce and assist

   (5)  If an investigator requires the production of a record or anything else that is relevant to the investigation, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form

Does this mean that a physician can no longer protect their patients’ privacy?

21.1  (1)  A local health integration network may appoint one or more investigators to investigate and report on the quality of the management of a health service provider, the quality of the care and treatment of persons by a health service provider or any other matter relating to a health service provider where the local health integration network considers it to be in the public interest to do so.

Powers

   (4)  An investigator may, without a warrant and at reasonable times,

  (a)  enter the premises of a health service provider that may be investigated under this section;

  (b)  subject to subsection (5), enter any premises where a health service provider provides services; and

   (c)  inspect the premises, the services provided on the premises and the records relevant to the investigation

Is the Ministry in the position to judge quality of care issues? Are nurses, doctors, dieticians, psychologists and others healthcare providers not self-regulated professions for a reason?

Powers of investigator conducting investigation

   (7)  An investigator conducting an investigation may,

  (a)  require the production of records or anything else that is relevant to the investigation, including books of account, documents, bank accounts, vouchers, correspondence and payroll records,   records of staff hours worked and records of personal health information;

  (bexamine and copy any record or thing required under clause (a);

   (c)  upon giving a receipt and showing the evidence of appointment, remove a record or anything else that is relevant to the investigation for review or copying, as long as the review or copying is carried out with reasonable dispatch and the record or thing is promptly returned to the local health integration network;

  (d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

  (e)  question a person on matters relevant to the investigation.

Obligation to produce and assist

   (8)  If an investigator requires the production of a record or anything else that is relevant to the investigation under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Does this mean my doctor will have to give up my chart to the investigator? I thought everything my doctor and I discuss is private

35.1  (1)  No proceeding for damages or otherwise, other than an application for judicial review under the Judicial Review Procedure Act or a claim for compensation that is permitted under subsection 31 (3) of this Act, shall be commenced against any of the following with respect to any act done or omitted to be done or any decision, directive, standard or order made or issued under this Act that is done in good faith in the execution or intended execution of a power or duty under this Act:

  1. The Crown.
  2. The Minister.
  3. A local health integration network.
  4. Any member, director or officer of a local health integration network or an agent or a volunteer of a local health integration network.
  5. Any person employed by the Crown, the Minister or a local health integration network.
  6. An investigator or a supervisor appointed under section 12.1 or 12.2, or their staffs.

All this and these parties do not have to take responsibility for their actions?

37.1  The Lieutenant Governor in Council may make regulations respecting the provision of information from prescribed persons and entities to a local health integration network in order to support collaboration between health service providers, local health integration networks, physicians and others in the health care system, and to support planning of primary care services, including physician services, that ensure timely access and improve patient outcomes, including information to facilitate understanding by the network of,

  (a)  transitions in practice, including opening, closing, retirements and extended leaves; and

  (b)  practice and service capacity to address population needs of the local health system in the geographic area of the network.

As a health services provider I am self-employed and therefore do not receive benefits from the Ministry. I do not believe they should be involved in deciding when I work or how long I work or when I am away on holidays.

Read the Whole document by clicking on the following link:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4215