Amendments to the IHFA mean Greater Oversight for Independent Health Facilities

Independent Health Facilities are privately owned and operated clinics that provide OHIP-insured services to the community outside of a hospital setting. IHFs provide a range of diagnostic, therapeutic and surgical procedures to the community, from diagnostic imaging to dialysis and laser eye surgery. In an interview last fall, Health Minister Christine Elliot stated that Ontario’s Independent Health Facilities (IHF) would be subject to greater oversight starting in 2020.

IHFs are licensed and regulated under the Independent Health Facilities Act (IHFA), which was recently amended (along with forty other pieces of Ontario legislation) by Bill 138, Plan to Build Ontario Together Act, 2019, which received royal assent December 10, 2019. These amendments are now in force and include the following changes:

  • Licenses are now granted through a “call for applications” process instead of the previous “request for proposals” process and application requirements are specified;

  • IHFs are required to post prescribed documents or information (currently unspecified) in a prominent place clearly visible to members of the public at or near the entrance of the IHF;

  • The grounds upon which a license may be refused, suspended, revoked or not renewed are expanded and include several discretionary grounds;

  • Record keeping requirements have been updated and include documentation demonstrating whether services are medically or therapeutically necessary;

  • Rules have been established for when the Minister may refuse to pay claims for services, pay reduced amounts, pay for services actually provided other than those described in a claim, or may recover amounts already paid;

  • The government’s power to inspect facilities is expanded and it is now an offence to obstruct an inspection;

  • New rules are provided regarding hearings and appeals under the IHFA;

  • The Director and prescribed persons can now make compliance orders;

If you have any questions about amendments to the IHFA and how to implement them at your facility, please contact us.

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Bill 138 Amendments to Auditing Process of Physicians’ Billings

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Bill 188 Amendments to PHIPA