The Ombudsman and Health Care

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What is an Ombudsman?

• A parliamentary Ombudsman works to ensure that citizens are treated fairly by government institutions.– Appointed by Legislative Assembly– Provides independent, impartial and

objective review of administrative fairness*

What Does Ombudsman Saskatchewan Do?

• Promotes and protects fairness in the design and delivery of public services.– Independent and objective reviews of

administrative fairness– Promotes fairness– Works to resolve complaints

• from members of public toward agencies of government

– Investigates system-wide issues– Makes recommendations

What organizations fall within our jurisdiction?

• Provincial government:– agencies– boards (including Regional Health

Authorities and the Saskatchewan Cancer Agency)

– commissions, Crown corporations– Ministries (including the Ministry of

Health)– New: health care organizations,

including affiliates as defined in The Regional Health Services Act

– New: others, on special request

Limits to Our Authority

• We do not look at complaints against:– federal & municipal government– decisions of cabinet – courts, police– school boards– individuals– clinical decisions of health care

professionals*– private companies (with exceptions,

such as certain ambulance services)

How do we handle complaints?

• It depends. We have a range of services and use them to address complaint appropriately.

InvestigationMediationNegotiation Facilitated Communication

Coaching

Appropriate Case ResolutionAppropriate Case Resolution

What to Expect

• An unbiased approach.– We will talk with the complainant.– We talk with the government agency.– We decide how to proceed.– We are not advocates for either side;

but we advocate for fairness!

Our Authority to Inquire

• Clause 25(7)(b) of the Act allows the Ombudsman to collect information, even when the information we seek is normally protected information pursuant to legislation such as HIPA

• Subsection 25(9) of the Act protects those who provide information at the request of the Ombudsman

How do we assess fairness?

The Ombudsman Act, 2012*

• *A revised Act that came into force in September 2012

Implications for Health• Jurisdiction previously included:

– Regional Health Authorities, The Saskatchewan Cancer Agency and The Ministry of Health

• Jurisdiction now expanded to include:– A health care organization, including an

affiliate, as defined in The Regional Health Services Act

The Regional Health Services Act

• Clause 2(1)(h) of the Act defines a “health care organization” as:

– (i) an affiliate (which is defined in the Act as a hospital or not for profit special care home that was in existence when that Act came into force); or

– (ii) a prescribed person that receives funding from a regional health authority to provide health services

Who are Affiliates?

• To be within our jurisdiction, an affiliate must:

– have been in operation prior to 2002; and

– have been approved pursuant to The Hospital Standards Act or The Housing and Special Care Homes Act

Who are Prescribed Persons?

• Need to be listed in Table 1 of The Regional Health Services Administration Regulations*; and

• Need to be in receipt of funding from a Regional Health Authority; and

• Need to be providing a health service (as defined in subsection2(2.2) of the regulations)

New In-Jurisdiction Bodies

Examples of health care organizations that now fall within our jurisdiction:

– special care homes (both affiliates &/or those listed in the regulations)

– mental health services– emergency medical services –

ambulances– hospitals & health care centers– addiction services & treatment centers– residential treatment centers

New Obligations

• Subsection 20(4) of The Ombudsman Act,

2012 creates an obligation on designated

facilities with residents in care to

develop procedures and provide the means

for residents to communicate in private with

the Ombudsman, and to inform residents in

care of their right to communicate in private

with the Ombudsman, the services provided

by the Ombudsman, and how to reach the

Ombudsman.

Definitions…

• Designated facility means a facility owned or operated by a publicly funded health entity that is designated by the minister pursuant to:– Section 10 of The Regional Health Services

Act– Section 4 of The Mental Health Services Act– Section 3 of The Youth Drug Detoxification

and Stabilization Act

• Resident in care means a person who is located in a designated facility and is receiving services.

Reduced Authority in Health

Normally the Ombudsman has the authority to compel a person to give evidence. Clause 25(7)(d) of the new legislation says this authority does not apply to documents prepared and evidence given in certain health-related proceedings as described in section 10 of The Evidence Act and section 58 of The Regional Health Services Act.

Is there a way to be proactive about fairness?

We think so. That’s why we: – deliver Fair Practices training. – meet to talk about how we look at

fairness and what we expect.– encourage staff and officials to ask

our advice when they are deciding how to roll out new programs or policies(Fairness Lens).

We want to hear from you

Questions? Advice? Feedback? About …

• the Ombudsman’s role in health • raising awareness (in general and

with new jurisdiction and procedures)

• respecting our neutrality

ReginaPhone: 1-800-667-7180Fax: 1-306-787-9090

Address:150 – 2401 Saskatchewan DriveRegina, SK S4P 3V7

SaskatoonPhone: 1-800-667-9787Fax: 1-306-933-8406

Address:315 – 25th Street EastSaskatoon, SK S7K 2H6

www.ombudsman.sk.ca

Contact us…