Download - Borden Ladner Gervais LLP

FEBRUARY 2014
APPLICATIONS ARE NOW AVAILABLE
FOR CATARACT-FOCUSED COMMUNITYBASED SPECIALTY CLINICS
The anticipated release date of application materials for the establishment of Community-Based
Specialty Clinics (“Specialty Clinics”) is now here. This follows the Ontario Ministry of Health
and Long-Term Care’s (the “Ministry”) announcement in December 2013 of its plans to improve
healthcare services in Ontario by shifting the provision of some routine health procedures out of
hospital settings and into Specialty Clinics. Specialty Clinics will be funded on a Quality Based
Procedures (‘price times volume’) basis. Capital funding to establish Specialty Clinics will not be
provided by the Ministry.
HEALTH LAW BULLETIN
The Ministry is currently calling for applications for the
establishment of Specialty Clinics providing OHIPinsured, low-risk cataract procedures and has set an
application deadline of April 22, 2014. Any questions
relating to the application process must be received by
the Ministry by March 31, 2014, at the following email
address: [email protected].
Applications will be accepted through two processes:
1. Public Hospitals - New Sites (“Hospital Sites”).
Public hospitals planning to operate cataractfocused Specialty Clinics may do so through
a new site of the hospital by seeking Ministry
approval under the Public Hospitals Act.
Alternatively, a public hospital may incorporate
an Ontario non-profit corporation, and have that
corporation apply to operate a Specialty Clinic
under the Non-Profit Independent Health Facilities
process (see below).
2. Non-Profit Independent Health Facilities
(“IHFs”). Other applicants wishing to operate
cataract-focused Specialty Clinics may do so
by becoming licensed non-profit IHFs. IHFs are
health facilities in Ontario which provide insured
health services generally falling under the
categories of diagnostic services (i.e. ultrasound
and x-ray) and surgical/treatment services (i.e.
cataract and dialysis). The distinctive factor of
an IHF is its ability to charge fees to the Ministry
or the LHIN to cover the overhead expenses
associated with the provision of insured
services. The Independent Health Facilities Act
and its regulations (collectively, the “IHF Act”)
require that IHFs be licensed by the Ministry.
Among others, corporations operating public
hospitals are exempt from the IHF Act and are
not permitted to apply under this process unless
they do so through a separately incorporated
corporation that is an Ontario non-profit
corporation. Applying to operate a cataractfocused Specialty Clinic is currently the only
opportunity available to be issued a new IHF
license. Existing IHF license holders willing to
operate a cataract-focused Specialty Clinic can
apply under the same application process.
Application materials for each process are available
on the Ministry’s website: http://www.health.gov.
on.ca/en/pro/programs/ihf/specialtyclinics/. Public
hospitals applying under the Hospital Site process
should refer to the “Business Case Form” (application)
and its corresponding “Business Case Guidelines”,
which incorporate the requirements under the “Section
4 Approvals Protocol: Under the Public Hospitals Act ”.
The Business Case Form replaces the business case
that is usually submitted under Section 4 of the Public
Hospitals Act.
Applicants applying under the IHF process should
refer to the “Application: Call for Applications to Create
Non-Profit Community-Based Specialty Clinics as
Independent Health Facilities to provide Low-Risk
Cataract Procedures in Ontario” and its corresponding
guidelines entitled the same.
The Ministry recommends as follows in preparation for
submission of an application:
a) consult with your LHIN (and local hospital, if
applying under the IHF process) to discuss the
LHIN’s vision care plan and to determine if there
is a need and an opportunity for a cataractfocused Specialty Clinic in your area;
b) become incorporated as a non-profit corporation under the Corporations Act
(Ontario), if not already incorporated as such (as set out above, all applicants
must be Ontario non-profit corporations); and
c) if applying under the IHF process, become acquainted with the Clinical Practice
Parameters and Facility Standards of the College of Physicians and Surgeons
of Ontario available at http://www.cpso.on.ca/policies-publications/
cpgs-other-guidelines/independent-health-facilities/ophthalmology.
For more information on community-based speciality clinics, please contact Anne
Corbett ([email protected]), Marco Deiana ([email protected]) or Heather
Pessione ([email protected]).
HEALTH LAW GROUP
BORDEN LADNER GERVAIS
LAWYERS | PATENT & TRADE-MARK AGENTS
National Leader
John J. Morris Toronto
416.367.6241 [email protected]
Lawrence Kwinter Calgary 403.232.9554 [email protected]
Suzanne Courchesne Montréal 514.954.3112 [email protected]
Kirsten Crain Ottawa 613.787.3741 [email protected]
Patrick Hawkins Toronto 416.367.6065 [email protected]
Regional Leaders
Calgary
Centennial Place, East Tower
1900, 520 – 3rd Ave S W
Calgary, AB, Canada T2P 0R3
T 403.232.9500
F 403.266.1395
blg.com
Toronto
Scotia Plaza, 40 King St W
Toronto, ON, Canada M5H 3Y4
T 416.367.6000
F 416.367.6749
blg.com
Montréal
1000, De La Gauchetière St W
Suite 900
Montréal, QC, Canada H3B 5H4
T 514.879.1212
F 514.954.1905
blg.com
Vancouver
1200 Waterfront Centre
200 Burrard St, P.O. Box 48600
Vancouver, BC, Canada V7X 1T2
T 604.687.5744
F 604.687.1415
blg.com
Ottawa
World Exchange Plaza
100 Queen St, Suite 1300
Ottawa, ON, Canada K1P 1J9
T 613.237.5160
F 613.230.8842 (Legal)
F 613.787.3558 (IP)
[email protected] (IP)
blg.com
Waterloo Region
Waterloo City Centre
100 Regina St S, Suite 220
Waterloo, ON, Canada N2J 4P9
T 519.579.5600
F 519.579.2725
F 519.741.9149 (IP)
blg.com
This bulletin is prepared as a service for our clients and other persons dealing with issues
regarding health law. It is not intended to be a complete statement of the law or an opinion on
any subject. Although we endeavour to ensure its accuracy, no one should act upon it without a thorough
examination of the law after the facts of a specific situation are considered. No part of this publication
may be reproduced without prior written permission of Borden Ladner Gervais LLP (BLG). This bulletin
has been sent to you courtesy of BLG. We respect your privacy, and wish to point out that our privacy
policy relative to bulletins may be found at http//www.blg.com/home/website-electronic-privacy. If
you have received this bulletin in error, or if you do not wish to receive further bulletins, you may ask
to have your contact information removed from our mailing lists by phoning 1.877.BLG.LAW1 or by
emailing [email protected].
© 2014 Borden Ladner Gervais LLP
Borden Ladner Gervais LLP is an Ontario Limited Liability Partnership.