Bill 78, Transparent and Accountable Health Care Act, 2015

Versions

Bill 78 2015

An Act to promote transparency and accountability in the funding of health care services in Ontario

CONTENTS

Interpretation
1.	Purpose
2.	Interpretation
3.	Major health sector organizations
4.	Publicly-funded suppliers
Accountability Measures
5.	Application of Broader Public Sector Accountability Act, 2010
6.	Application of Ombudsman Act
7.	Application of Public Sector Salary Disclosure Act, 1996
8.	Authority of the Auditor General
Annual Disclosure of OHIP Payments
9.	Disclosure statement re: OHIP payments
General
10.	Regulations
11.	Commencement
12.	Short title

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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Purpose

1. The purpose of this Act is to promote transparency and accountability in the funding of health care services in Ontario by doing the following:

1. Ensuring that certain persons and entities that receive public funds directly or indirectly are covered by legislative requirements relating to accountability and transparency.

2. Requiring annual reporting on payments made by the Ontario Health Insurance Plan to certain persons and entities.

Interpretation

2. (1) Expressions used in this Act have the same meaning as in the Broader Public Sector Accountability Act, 2010, unless the context requires otherwise.

Definition

(2) In this Act,

"fiscal year" means the fiscal year of the Province of Ontario.

Major health sector organizations

3. (1) For the purposes of this Act, a person or entity is a major health sector organization if he, she or it receives at least $1 million in public funds from the Ministry of Health and Long-Term Care in a fiscal year that begins on or after April 1, 2015.

Same

(2) For example, these may be major health sector organizations:

1. Boards of health.

2. Community care access corporations.

3. Designated air ambulance service providers within the meaning of the Ambulance Act.

4. Hospitals.

5. Independent health facilities within the meaning of the Independent Health Facilities Act.

6. Local health integration networks.

7. Long-term care homes.

8. Out-of-hospital premises.

Public funds

(3) For the purposes of subsection (1), a person or entity receives public funds from the Ministry if the funds are received as a grant or transfer payment or through another funding arrangement.

Interpretation

(4) For greater certainty, subsection (1) includes a person or entity that carries on business for profit.

Publicly-funded suppliers

4. (1) For the purposes of this Act, a person or entity is a publicly-funded supplier if the person or entity receives, in the aggregate, at least $1 million in public funds directly or indirectly from one or more major health sector organizations or other publicly-funded suppliers in a fiscal year that begins on or after April 1, 2015.

Public funds

(2) For the purposes of subsection (1), a person or entity receives public funds if the funds are received from a major health sector organization or publicly-funded supplier, directly or indirectly,

(a) through a grant or transfer payment or other funding arrangement;

(b) for the provision of goods or services;

(d) by way of a loan or loan guarantee.

Interpretation

(3) For greater certainty, subsection (1) includes a person or entity that carries on business for profit.

Accountability Measures

Application of Broader Public Sector Accountability Act, 2010

5. (1) If a major health sector organization or a publicly-funded supplier is not an employer under Part II.1 (Compensation Arrangements) of the Broader Public Sector Accountability Act, 2010, it is deemed to be an employer for the purposes of the application of that Part of that Act.

Restriction

(2) Subsection (1) applies in respect of the first fiscal year that begins on or after April 1, 2015 in which the major health sector organization or publicly-funded supplier receives at least $1 million in public funds, and in respect of every fiscal year thereafter.

Application of Ombudsman Act

6. (1) If a major health sector organization or a publicly-funded supplier is not a governmental organization under the Ombudsman Act, it is deemed to be a governmental organization for the purposes of that Act.

Restriction

Application of Public Sector Salary Disclosure Act, 1996

7. (1) If a major health sector organization or a publicly-funded supplier is not an employer under the Public Sector Salary Disclosure Act, 1996, it is deemed to be an employer for the purposes of the definition of "employer" in subsection 2 (1) of that Act.

Restriction

(2) Subsection (1) only applies in respect of fiscal years in which the major health sector organization or publicly-funded supplier receives at least $1 million in public funds.

Authority of the Auditor General

8. (1) The Auditor General may, at any time, audit any aspect of the operations of a major health sector organization or a publicly-funded supplier.

Restriction

(2) Subsection (1) only applies in respect of fiscal years in which the major health sector organization or publicly-funded supplier receives at least $1 million in public funds.

Annual Disclosure of OHIP Payments

Disclosure statement re: OHIP payments

9. (1) Each year, on or before September 30, the Minister of Health and Long-Term Care shall prepare a disclosure statement for the previous fiscal year that includes the following information:

1. The total amount paid by the Ontario Health Insurance Plan to a person or entity for services provided during the fiscal year, if that amount is at least $100,000.

2. Such other information as may be prescribed by regulation.

Publication

(2) The Minister shall publish the disclosure statement on a Government of Ontario website.

Caution re payments

(3) The disclosure statement, as published, must include the following caution:

"Readers of this disclosure statement should understand that it provides only a record of gross payments. In some instances, the recorded figure is a payment for the services of a number of physicians. Physicians must pay the expenses of their practice out of this gross amount. No calculation of a physician's net income can be made from such figures. Conclusions cannot be drawn from these figures about the relative net income of any physician since overhead varies greatly from physician to physician."

Application

(4) This section applies with respect to payments made by the Ontario Health Insurance Plan for services provided on or after April 1, 2015.

General

Regulations

10. The Lieutenant Governor in Council may make any regulations the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act, including, without limiting the generality of the foregoing,

(a) prescribing information to be included in disclosure statements prepared under section 9.

Commencement

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

Short title

12. The short title of this Act is the Transparent and Accountable Health Care Act, 2015.

EXPLANATORY NOTE

The Bill enacts the Transparent and Accountable Health Care Act, 2015.

Under the Act, major health sector organizations (which are persons or entities that receive at least $1 million in public funds from the Ministry of Health and Long-Term Care in a year) are required to comply with Part II.1 (Compensation Arrangements) of the Broader Public Sector Accountability Act, 2010 and with the Public Sector Salary Disclosure Act, 1996. These organizations are also deemed to be governmental organizations for the purposes of the Ombudsman Act. The Auditor General of Ontario is authorized to audit any aspect of their operations.

The same requirements apply with respect to publicly-funded suppliers. A publicly-funded supplier is a person or entity that receives directly or indirectly at least $1 million in public funds in a year from major health sector organizations or from other publicly-funded suppliers.

The Act also provides for the disclosure of payments made by the Ontario Health Insurance Plan. The Minister of Health and Long-Term Care is required to publish an annual disclosure statement. It must disclose the total amount paid to a person or entity for services provided during a year, if the person or entity received at least $100,000 from the Plan. The disclosure statement must include the caution set out in subsection 9 (3) of the Act.