Proposed regulations to Quality of Care Information Protection Act, 2016
Bill or Act:
Quality of Care Information Protection Act, 2016
Summary of Proposal:
The Quality of Care Information Protection Act, 2016 (QCIPA 2016) enables health professionals to share information and have discussions about general quality improvement matters or when there is an unintended and serious accident or error that harms a patient. The Act protects this information from being disclosed in legal proceedings (e.g. courts, tribunals, coroner inquests/inquiries, regulatory college proceedings) or to any person. QCIPA cannot shield factual information about the patient, their health care, or regarding critical incidents. This includes information required by law to be documented (such as in the patient record).
Bill 119, part of which enacted QCIPA 2016, received Royal Assent on May 18, 2016 but QCIPA 2016 has not yet come into force. QCIPA 2016 reflects the recommendations of an Expert Panel to clarify the legislation consistent with required transparency to patients. Two new regulations have been written to help operationalize the new law, and do not differ significantly from the regulations under QCIPA 2004. The Ministry of Health and Long-Term Care is soliciting feedback from the public about these proposed regulations:
The Minister regulation:
1. This proposed regulation prescribes long-term care homes and laboratories and specimen collection centres as health facilities under the Act. This means they have the authority under QCIPA to establish a quality of care committee (QCC), authorized to hold shielded discussions about quality of care issues.
2. It sets out the following criteria required to establish a QCC. A QCC:
> Must be designated in writing as a QCC by the applicable health facility/facilities and/or quality oversight body/bodies
> Must have terms of reference that are made available to the public
The LGIC regulation:
1. The proposed regulation provides that the following information is not quality of care information, and is therefore not shielded:
> The fact that a QCC met or conducted a review
> When a QCC met
2. The proposed regulation defines members of QCC as everyone who participates or assists the QCC.
3. The proposed regulation prescribes the Canadian Blood Services and agencies designated to carry out quality management programs under the Laboratory and Specimen Collection Centre Licensing Act as "quality oversight bodies" that may establish a QCC for the purposes of holding protected discussions about quality of care issues.
October 27, 2016
Comments Due Date:
November 28, 2016
Hepburn Block, 8th Floor
80 Grosvenor Street