Public Consultation on Proposed Regulations to Quality of Care Information Protection Act, 2016

November 1, 2016 | Kathryn M. Frelick, Alissa Raphael

Bill 119, Health Information Protection Act, 2016 (“HIPA”) amended several statutes to enhance the protection of personal health information and improve the quality of patient care through increased transparency and accountability of health facilities.  One of the most anticipated changes is the repeal and replacement of the Quality of Care Information Protection Act, 2004 with a new statute (“QCIPA 2016”).  Although HIPA received Royal Assent on May 18, 2016, a number of provisions, including those enacting QCIPA 2016, are not yet in force. In a recent Health Communiqué, What Health Facilities Need to Know About QCIPA 2016, we provide an overview of QCIPA 2016.

Request for Public Feedback on Regulations

The Minister of Health and Long-Term Care (“Minister”) and the Lieutenant Governor in Council (“LGIC”) have authority to make regulations under QCIPA 2016. The Ministry of Health and Long-Term Care (“MOHLTC”) recently released two draft regulations expected to operationalize and support the implementation of QCIPA 2016. These regulations will come into force on the later of January 1, 2017 and the day they are filed.

The MOHLTC is currently seeking public comment on the proposed regulations. The deadline to provide such feedback is November 28, 2016. The regulations are summarized below.

LGIC Regulation

  • The following are excluded from the meaning of “quality of care information” and, therefore, not protected under QCIPA 2016:
    1. The fact that a quality of care committee (“QCC”) met or conducted a review; and
    2. When the QCC meeting or review took place.
  • The regulation defines a “member of the quality of care committee” as every person who participates or assists with a QCC’s defined functions.
  • It prescribes the following as “quality oversight entities” that may establish a QCC:
    1. Any agency designated to carry out a quality management program under the Laboratory and Specimen Collection Centre Licensing Act; and
    2. Canadian Blood Services.

Minister Regulation

  • This regulation prescribes the following as a “health facility” with authority to establish a QCC:
    1. A long-term care home; and
    2. A laboratory or specimen collection centre.
  •  It sets out the following requirements for a QCC:
    1. A designation in writing as a QCC by a health facility/facilities and/or quality oversight entity/entities; and
    2. Terms of reference that are publicly available on request.

Complete versions of the proposed regulations and information on how to provide feedback can be found on Ontario’s Regulatory Registry. You may also inquire with us if you have any questions.

Miller Thomson’s National Health Industry Group will continue to monitor the status of QCIPA 2016 regulations and other legislative amendments made by HIPA.

Disclaimer

This publication is provided as an information service and may include items reported from other sources. We do not warrant its accuracy. This information is not meant as legal opinion or advice.

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