P-31.1 - Act respecting the Health and Social Services Ombudsman

Section 10 Disposition versions

2006-04-01

10. The Health Services Ombudsman shall establish a complaint examination procedure.

The procedure must in particular

(1)  include the necessary details allowing rapid access to the services of the Health Services Ombudsman;

(2)  provide that the Health Services Ombudsman must give the necessary assistance or see to it that the necessary assistance is given to users or persons who so require for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6 of the Act respecting health services and social services (chapter S‐4.2);

(3)  provide that complaints may be made verbally or in writing, and that any conclusions must be forwarded by the local or the regional commissioner;

(3.1)  indicate that the Ombudsman may, where the Ombudsman considers it necessary, require that the complaint be made in writing;

(4)  provide that the Health Services Ombudsman is to inform the institution or the agency in writing of the receipt of a complaint in its regard or, if the Ombudsman is of the opinion that no prejudice will be caused to the user, send a copy of the complaint to the institution or agency; provide that such information is also to be sent in writing to the highest authority of any other organization, resource or partnership or to any other person holding the position of highest authority, if the complaint pertains to services they are responsible for;

(5)  allow the complainant and the institution or agency and, where applicable, the highest authority of the organization, resource or partnership or any other person holding the position of highest authority responsible for the services that are the subject of the complaint, to present observations;

(6)  provide that the Health Services Ombudsman, after examining the complaint, is to communicate his or her conclusions, including reasons, without delay to the complainant together with any recommendations made to the institution or the agency and, where applicable, to the highest authority of the organization, resource or partnership or to any other person holding the position of highest authority responsible for the services that are the subject of the complaint; provide that the Ombudsman is also to forward a copy of his or her conclusions, including reasons, to the institution or agency and to any other authority concerned; and

(7)  provide that if the complaint is made verbally, the Health Services Ombudsman may communicate his or her conclusions verbally.

Where the examination of a complaint referred to the Health Services Ombudsman pursuant to subparagraph 1 or 3 of the first paragraph of section 8 raises a matter that comes under a responsibility of agencies listed in section 340 of the Act respecting health services and social services, including access to services or the organization or financing of services, the agency may also be allowed to present observations under the procedure, in which case the Health Services Ombudsman shall inform the regional service quality and complaints commissioner of the elements of the complaint the Ombudsman considers relevant to the objects of the agency and identify the authority concerned. The Ombudsman shall allow the agency to present observations in all cases where the Ombudsman intends to make a recommendation to the agency following the examination of the complaint.

2001, c. 43, s. 10; 2005, c. 32, s. 255.

2006-01-01

10. The Health Services Ombudsman shall establish a complaint examination procedure.

The procedure must in particular

(1)  include the necessary details allowing rapid access to the services of the Health Services Ombudsman;

(2)  provide that the Health Services Ombudsman must give the necessary assistance or see to it that the necessary assistance is given to users or persons who so require for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6 of the Act respecting health services and social services (chapter S‐4.2);

(3)  provide that complaints must be made in writing and filed together with the conclusions transmitted by the local commissioner or the regional commissioner, if any;

(4)  provide that the Health Services Ombudsman is to inform the institution or the agency in writing of the receipt of a complaint in its regard or, if the Ombudsman is of the opinion that no prejudice will be caused to the user, send a copy of the complaint to the institution or agency; provide that such information is also to be sent in writing to the highest authority of any other organization, resource or partnership or to any other person holding the position of highest authority, if the complaint pertains to services they are responsible for;

(5)  allow the complainant and the institution or agency and, where applicable, the highest authority of the organization, resource or partnership or any other person holding the position of highest authority responsible for the services that are the subject of the complaint, to present observations; and

(6)  provide that the Health Services Ombudsman, after examining the complaint, is to communicate his or her conclusions, including reasons, without delay to the complainant together with any recommendations made to the institution or the agency and, where applicable, to the highest authority of the organization, resource or partnership or to any other person holding the position of highest authority responsible for the services that are the subject of the complaint; provide that the Ombudsman is also to forward a copy of his or her conclusions, including reasons, to the institution or agency and to any other authority concerned.

Where the examination of a complaint referred to the Health Services Ombudsman pursuant to subparagraph 1 or 3 of the first paragraph of section 8 raises a matter that comes under a responsibility of agencies listed in section 340 of the Act respecting health services and social services, including access to services or the organization or financing of services, the agency may also be allowed to present observations under the procedure, in which case the Health Services Ombudsman shall inform the regional service quality commissioner of the elements of the complaint the Ombudsman considers relevant to the objects of the agency and identify the authority concerned. The Ombudsman shall allow the agency to present observations in all cases where the Ombudsman intends to make a recommendation to the agency following the examination of the complaint.

2001, c. 43, s. 10; 2005, c. 32, s. 255.

2002-01-01

10. The Health Services Ombudsman shall establish a complaint examination procedure.

The procedure must in particular

(1)  include the necessary details allowing rapid access to the services of the Health Services Ombudsman;

(2)  provide that the Health Services Ombudsman must give the necessary assistance or see to it that the necessary assistance is given to users or persons who so require for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6 of the Act respecting health services and social services (chapter S-4.2);

(3)  provide that complaints must be made in writing and filed together with the conclusions transmitted by the local commissioner or the regional commissioner, if any;

(4)  provide that the Health Services Ombudsman is to inform the institution or the regional board in writing of the receipt of a complaint in its regard or, if the Ombudsman is of the opinion that no prejudice will be caused to the user, send a copy of the complaint to the institution or regional board; provide that such information is also to be sent in writing to the highest authority of any other organization, resource or partnership or to any other person holding the position of highest authority, if the complaint pertains to services they are responsible for;

(5)  allow the complainant and the institution or regional board and, where applicable, the highest authority of the organization, resource or partnership or any other person holding the position of highest authority responsible for the services that are the subject of the complaint, to present observations; and

(6)  provide that the Health Services Ombudsman, after examining the complaint, is to communicate his or her conclusions, including reasons, without delay to the complainant together with any recommendations made to the institution or the regional board and, where applicable, to the highest authority of the organization, resource or partnership or to any other person holding the position of highest authority responsible for the services that are the subject of the complaint; provide that the Ombudsman is also to forward a copy of his or her conclusions, including reasons, to the institution or regional board and to any other authority concerned.

Where the examination of a complaint referred to the Health Services Ombudsman pursuant to subparagraph 1 or 3 of the first paragraph of section 8 raises a matter that comes under a responsibility of regional boards listed in section 340 of the Act respecting health services and social services, including access to services or the organization or financing of services, the regional board may also be allowed to present observations under the procedure, in which case the Health Services Ombudsman shall inform the regional service quality commissioner of the elements of the complaint the Ombudsman considers relevant to the objects of the regional board and identify the authority concerned. The Ombudsman shall allow the board to present observations in all cases where the Ombudsman intends to make a recommendation to the board following the examination of the complaint.

2001, c. 43, s. 10.