Legislation
The Excellent Care for All Act, 2010
Compendium
The Excellent Care for All Act, 2010 (the “Proposed Act”), if passed, would provide as follows :
Section 2 of the Act would provide that it is the responsibility of every health care organization (defined in the Proposed Act to include public hospitals and other organizations provided for in the regulations) and every quality committee established by a health care organization to comply with the requirements set out under the Act and the regulations.
Section 3 of the Act would require that every health care organization establish a quality committee, in accordance with the regulations. Every quality committee would be required to report to its responsible body (defined as the board of directors of the health care organization, or other prescribed body).
Section 4 would describe the specific responsibilities of quality committees.
Section 5 would require that every health care organization carry out surveys of their patients and their caregivers, and the organization’s employees, at least once every fiscal year. The purpose of the patient/caregiver survey would be to collect information concerning satisfaction with the services provided by the health care organization. The purpose of the employee survey would be to collect information on the satisfaction of employees and other persons with their experience working for or providing services within the organization and to solicit views about the quality of care provided by the health care organization.
Section 6 would require that every health care organization have a patient relations process that complies with the regulations and reflects the content of the patient declaration of values for the organization. Health care organizations would also be required to make information about the process available to the public.
Section 7 would require that every health care organization develop a patient declaration of values and make it available to the public, after consulting with the public on a draft version of the declaration. A health care organization would be permitted to amend its declaration after public consultation and would be required to make every amended declaration available to the public.
Section 8 would require that every health care organization develop and make available to the public a quality improvement plan, in every fiscal year, for the next fiscal year. The plan must be developed with regard to specified factors and must contain the information specified under the Act and regulations. Upon request, a health care organization must disclose a draft of the plan to its local health integration network for review before it is made available to the public.
Section 9 would require that the compensation of any executive for a health care organization be connected to the achievement of performance targets set out in the annual quality improvement plan. In the event of a conflict, the Act would prevail over the provisions of a compensation plan. Every health care organization would be required to submit reports to the Minister in accordance with the regulations. The section would also set out the conditions under which an executive compensation plan is to be deemed to be in compliance with the Public Sector Compensation Restraint to Protect Public Services Act, 2010 if Bill 16 (Creating the foundation for Jobs and Growth Act, 2010) receives Royal Assent.
Section 10 would continue the Ontario Health Quality Council established under the Commitment to the Future of Medicare Act, 2004. Section 10 would provide for the appointment of Council members by the Lieutenant Governor in Council, the transition of members of the Ontario Health Quality Council with specific positions to the continued Council, and the transition of regulations made under Part I of the Commitment to the Future of Medicare Act, 2004 in force immediately before the coming into force of section 10.
Section 11 provides members of the Council and others with protection from actions and other proceedings for damages brought against them in relation to any act done or not done in the execution in good faith of the person’s duty.
Section 12 would identify the functions of the Council, and would clarify the Council’s advisory role. Section 12 would also require the Council to seek the advice of the public in relation to the matters referred to in subclause 12(1)(c)(ii).
Section 13 addresses yearly reports that the Council would be required to deliver to the Minister, as well as additional reports, as directed by the Minister. The minister would be required to table yearly reports in the Legislative Assembly within 30 days of receipt. Section 13 would also address the Council’s submission of annual plans to the minister for his or her review and approval.
Section 14 would provide that the contravention of a provision of the Act or regulations is an offence for which a convicted person may be liable to a fine of not more than $10,000 for an individual of not more than $25,000 for a corporation.
Section 15 would empower the Minister to make regulations with regard to listed matters.
Section 16 would empower the Lieutenant Governor in Council to make regulations with regard to listed matters, and includes a process for public consultation on the regulations.
Section 17 would amend subsection 11.1(9) of the Commitment to the Future of Medicare Act, 2004 and repeal Part I of the Commitment to the Future of Medicare Act.
Section 18 would amend clause 22(4)(b) of the Local Health System Integration Act, 2006 to refer to the Excellent Care for All Act, 2010 instead of the Commitment to the Future of Medicare Act, 2010.
Section 19 would amend section 34(7) the Public Hospitals Act by adding the words “and the board” after the words “to the administrator”.
Section 20 would provide that the Act comes into force the day it receives Royal Assent with the exception of sections 3 and 4 and subsection 17(2), which would come into force on a day named by proclamation by the Lieutenant Governor in Council.
Section 21 would provide that the short title of the Act be the Excellent Care for All Act, 2010.
