[37] Bill 23 Royal Assent (PDF)
Bill 23
Bill 231999
An Act to amend certain statutes administered by the Ministry of Health and Long-Term Care in relation to supporting and managing the health care system
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
part i
health insurance act
1.The Health Insurance Act is amended by adding the following section:
Direct Recovery
Direct cause of action
36.0.1 (1)If the Plan has paid for insured services as a result of the negligence or other wrongful act or omission of a person, the Plan has a right, independent of its subrogated right under subsections 30 (1) and 46 (5), to recover, directly against that person, the costs for insured services that have been incurred in the past and that will probably be incurred in the future as a result of the negligence or the wrongful act or omission.
Action
(2)The General Manager may bring an action in the name of the Plan or the Minister may bring an action in his or her own name for recovery of the costs referred to in subsection (1).
Exception
(3)The Plan shall not recover costs under this section,
(a)against a physician if the negligence or wrongful act or omission of the physician occurred while the physician was acting within the scope of his or her practice and in such circumstances as may be prescribed;
(b)against a hospital under the Public Hospitals Act or a laboratory under the Laboratory and Specimen Collection Centre Licensing Act if the negligence or wrongful act or omission upon which the action is based occurred in the course of providing services that the hospital is approved to provide, or that the laboratory is licensed to provide, as the case may be, and in such circumstances as may be prescribed; or
(c)against such other persons or entities as may be prescribed in such circumstances as may be prescribed.
Preservation of rights of insured persons
(4)An action under this section shall not prevent an insured person from recovering the cost or damages to which the person would otherwise be entitled.
Cost of hospital services
(5)For the purposes of this section, the cost of insured services rendered in or by a hospital or health facility shall be at the rate charged by the hospital or health facility to persons who are not insured.
Disclosure of information
(6)To the extent that any information relating to insured services is produced in a proceeding under this section, the information shall be produced in a manner that protects the identity of the insured person and of the provider of insured services.
2.Subsection 45 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 32, section 2, 1994, chapter 17, section 72 and 1996, chapter 1, Schedule H, section 35, is further amended by adding the following clause:
(x.1)governing the costs that may be recovered under section 36.0.1, including the determination of those costs, and the evidence that is admissible to prove those costs in an action under that section.
part ii
long-term care act, 1994
3.The Long-Term Care Act, 1994 is amended by adding the following section:
Direct cause of action
59.1 (1)If the Minister has paid for approved services as a result of the negligence or other wrongful act or omission of a person, the Minister has a right, independent of his or her subrogated right under subsection 59 (2), to recover, directly against that person, the costs for approved services that have been incurred in the past and that will probably be incurred in the future as a result of the negligence or the wrongful act or omission.
Action
(2)The Minister may bring an action in his or her own name for recovery of the costs referred to in subsection (1).
Exception
(3)The Minister shall not recover costs under this section,
(a)against a member of the College of Physicians and Surgeons of Ontario if the negligence or wrongful act or omission of the member occurred while the member was acting within the scope of his or her practice and in such circumstances as may be prescribed;
(b)against a hospital under the Public Hospitals Act or a laboratory under the Laboratory and Specimen Collection Centre Licensing Act if the negligence or wrongful act or omission upon which the action is based occurred in the course of providing services that the hospital is approved to provide, or that the laboratory is licensed to provide, as the case may be, and in such circumstances as may be prescribed; or
(c)against such other persons or entities as may be prescribed in such circumstances as may be prescribed.
Preservation of rights
(4)An action under this section shall not prevent a person who required approved services as a result of the negligence or wrongful act or omission from recovering the cost or damages to which the person would otherwise be entitled.
Cost of community and facility services
(5)Subsections 59 (4) and (5) apply with respect to the determination of the cost of community and facility services for the purposes of this section.
Disclosure of information
(6)To the extent that any information relating to approved services is produced in a proceeding under this section, the information shall be produced in a manner that protects the identity of the person who received the services and of the person who provided the services.
Definition of "approved services"
(7)In this section, "
approved services" means approved services within the meaning of section 59.
4.Subsection 68 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 2, section 71 and 1997, chapter 15, section 10, is further amended by adding the following paragraph:
43.1governing the costs that may be recovered under section 59.1, including the determination of those costs, and the evidence that is admissible to prove those costs in an action under that section.
part iii
public hospitals act
5.(1)Section 6 of the Public Hospitals Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 6, is amended by adding the following subsection:
Application
(0.1) This section applies to a hospital if before April 30, 1999,
(a)it was issued a direction, or draft direction, under this section by the Health Services Restructuring Commission established under section 8 of the Ministry of Health Act\;
(b)it received a notice of intention, or a draft notice of intention, to issue a direction from the Health Services Restructuring Commission; or
(c)a direction, or draft direction, requiring the establishment of the hospital was issued under this section by the Health Services Restructuring Commission.
(2)Subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 6, is amended by striking out "board of a hospital" and substituting "board of a hospital referred to in subsection (0.1)".
(3)Subsection 6 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 6, is amended by striking out "board of a hospital" and substituting "board of a hospital referred to in subsection (0.1)".
(4)Subsection 6 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 6, is amended by striking out "boards of two or more hospitals" and substituting "boards of two or more hospitals referred to in subsection (0.1)".
(5)Subsection 6 (11) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 6, is repealed and the following substituted:
Review of powers
(11)On or before January 1, 2005, the Minister shall undertake a comprehensive review of the powers contained in this section and, following the review, the Minister may make recommendations about those powers to the Lieutenant Governor in Council.
Commencement
6.(1)Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2)Sections 1, 2, 3 and 4 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
7.The short title of this Act is the Ministry of Health and Long-Term Care Statute Law Amendment Act, 1999.