Tag Archives: Ombudsman

Ombudsman seeking expanded role since 1975 – could this finally be the time?

“There is no effective, independent, investigative oversight of hospital administration. Period.” – Ontario Ombudsman Andre Marin, 2008

Ontario has been resisting Ombudsman oversight of its public hospitals for long enough. Marin says he is not the first to demand this oversight – Arthur Maloney called for this extension of the Ombudsman’s scope in 1975, and successive holders of the office have followed suit to successive and unresponsive governments of all stripes.

Last week NDP Leader Andrea Horwath added Ombudsman oversight of health care to her shopping list of initiatives to improve the spring budget.

Given recent experiences with ORNGE and the diluted chemotherapy drug error, one would think that the time has finally come, Ontario the last province to issue such powers.

Marin himself wrote to the Premier in March regarding changes the province was making in the wake of the privatization scandal at ORNGE. Marin pointed out that Bill 11 would create “new bureaucracy of special investigators” which would report to the Minister of Health and Long Term Care, not to Provincial Parliament.

“Far from being watchdogs, they would operate on a ministerial dog leash,” he wrote.

Similarly the position of ORNGE “patient advocate” is even more toothless, reporting not to the public or to Parliament or even the ORNGE board of directors, but to the ORNGE vice-president.

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Ombuds logs 79 complaints about the Niagara Health System

As private not-for-profit corporations, Ontario’s hospitals are not normally subject to review by the Ombudsman’s office – a point Andre Marin has made over and over as he attempts to wrestle for jurisdiction of the MUSH sector – municipalities, universities, school boards and hospitals.

However, when the Ministry takes over a hospital, as it did with the appointment of Kevin Smith last August 31st, the rules change.

To date, the Ombudsman has received 79 complaints about Niagara Health System, but says he has not begun an investigation. According to the Niagara’s Bullet News, the Ombudsman’s office has been looking at each complaint and raising issues with Smith.

The complaints have also been petering out over time. Forty of the 79 complaints were received last September. Only a “handful” have been made this year according to the news report.

A bad month for transparency and accountability

Private member bills seldom get passed at the legislature. Perhaps it was for that reason Bill 183 received little attention after the Liberal majority defeated it May 5th.

The NDP authored Bill was intended to expand the scope of the Ombudsman to include universities, colleges, hospitals, long-term care homes, school boards, children’s aid societies, and retirement homes. The Bill would have also given the Ombudsman an oversight role over the independent police review director.

Ontario is unique in barring the ombudsman from investigations into these sectors.

The Liberals argued in the legislature that these bodies already have sufficient oversight. In the case of hospitals, they argued hospital boards and LHINs provide this role. However, hospital boards and LHINs are decision-makers, and as such, have an interest in defending those decisions.

In fact, most LHINs have a staff of about 30 or slightly more. They also have about 200 health care providers to which they negotiate and sign accountability agreements. They are responsible for community engagement, funding, integration decisions, managing projects, as well as collecting and assessing key health care indicators. They are responsible for developing integrated health service plans for their regions. The thought that they could do all this and provide reasonable oversight to investigate complaints by individuals into hospital or long term care homes is absurd.

Surely the Liberals understand this.

However, the McGuinty government has been stung by a number of scandals, many of them health-related. Let’s not forget e-Health. The Ombudsman’s report on the LHINs, “The LHIN Spin,” was undoubtedly fresh in their mind as they contemplated this private member’s bill.

Together with Schedule 15 of Bill 173 (see related articles), it has not been a good month for transparency and accountability in the province of Ontario.

For the record, these were the MPPs in the legislature who voted down Bill 183:

Laura Albanese, Wayne Arthurs, Bas Balkissoon, Lorenzo Berardinetti, Margarett Best, Laurel Broten, Vic Dhillon, Kevin Flynn, Helena Jaczek, Kuldip Kular, Monte Kwinter, Amrit Mangat, Reza Moridi, Leeanna Pendergast, Gerry Phillips, Shafiq Qaadri, Khalil Ramal, Lou Rinaldi, Tony Ruprecht, Liz Sandals, Mario Sergio, and Charles Sousa.