Compassionate Care Act builds palliative-care framework

Summary#

The Compassionate Care Act, 2020 is a new Ontario law, enacted as Chapter 30 of the Statutes of Ontario, 2020. It requires the Minister of Health to develop a provincial palliative-care framework and report on it and on the state of palliative care in Ontario. Its stated goal is to develop a framework to support access to quality palliative care; it does not guarantee that every person will receive care.

  • The Minister must develop a framework for palliative care provided through hospitals, home care, long-term care homes and hospices.
  • The framework must address the definition of palliative care; training and education needs; support for providers; research and common data; and measures for more equitable and consistent access, with a focus on underserved populations.
  • The framework must consider existing approaches and the needs of specific patient groups, including children, and draw on the expertise of named health-system partners and others.
  • The Minister must start consultations within six months of the Act coming into force and consider feedback from providers, other ministries, the federal government and other people or organizations.
  • The Minister must table the framework within one year of the Act coming into force, then report on the state of palliative care within three years after that. Both reports must be posted on a government website within 10 days of being tabled.

What it means for you#

  • Patients and families: The Act does not create a right to palliative care, change eligibility for services, or require a particular level of care. It requires planning aimed at supporting improved access.
  • Health-care providers and other caregivers: Their training and education needs, and measures to support providers, must be addressed in the framework. The Act does not itself require new training or support services.
  • Health-system organizations and government partners: The framework must take account of existing approaches and the expertise of named partners, including Ontario Health, Ontario Health Teams and the Ministry of Long-Term Care. The Act does not set out how those partners must take part.
  • The public: The framework and the later report on palliative care must be made public online.

Money#

No cost information is in the available material.

  • The Act does not specify funding, staffing levels, or spending for the framework, consultations, or reports.
  • It does not create a benefit, fee, or fine.

What is unclear#

  • The Act does not set service standards, timelines for receiving care, or a process for a person to claim access to care.
  • It does not explain how the framework’s proposed measures will be funded or put into effect.
  • The Act requires the framework to define palliative care, but does not define it itself.
  • It does not set measures for judging whether access has improved, or require later updates to the framework.
  • It does not explain how underserved populations or specific patient groups will be identified or involved.

Case for#

  • A province-wide framework could help coordinate palliative care across hospitals, home care, long-term care homes and hospices.
  • Requiring attention to training, provider support, research and shared data could help identify needs across the system.
  • The focus on equitable access and underserved populations could help direct planning toward gaps.
  • Requiring public reports gives the Legislature and the public information about the framework and the state of palliative care.

Case against#

  • The Act requires planning and reports, but does not require new services, funding or specific improvements in access.
  • It does not give patients an enforceable right to care or set service standards.
  • The Minister must consider consultation feedback, but the Act does not require particular groups to be represented or explain how their input will shape the framework.
  • The Act does not set measures for assessing progress, so it is unclear how the public could judge whether the framework improved access.