S-4.2 - Act respecting health services and social services

Section 349.3 Disposition versions

2024-07-01

349.3. After completion of the procedure described in the second paragraph of section 349.2 and after obtaining the authorization of the Minister, the agency and any institution concerned must enter into an agreement with the operator of the associated medical clinic selected. The agreement must specify

(1)  the nature of the specialized medical services to be provided under the agreement;

(2)  the minimum and maximum number of specialized medical services that may be provided each year in the clinic, and how those services are to be distributed on a quarterly basis to ensure their continued availability;

(3)  the unit amount to be paid by the agency to cover the costs related to each specialized medical service provided in the clinic, according to the nature of the service, and the terms of payment;

(4)  the monitoring mechanisms that will allow the institution, or one of its boards, councils or committees determined in the agreement, to ensure the quality and safety of the medical services provided in the clinic;

(5)  the fees, determined in accordance with section 349.5, that may be charged to users who receive a specialized medical service in the clinic, and the manner in which the user is to be informed of how to pay the fees;

(6)  the bookkeeping and information system requirements with which the clinic operator is to comply, and the nature, form, content and frequency of the reports and information the operator is required to send to the other signatories and to the Minister; and

(7)  a mechanism to resolve disputes regarding the interpretation or application of the agreement.

The services covered by the agreement are subject to the complaint examination procedure of the institution that refers users to the associated medical clinic or to the complaint examination procedure of the agency, as the case may be, and are subject to the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The agreement has a maximum five-year term. The parties may not terminate the agreement before its expiry, or amend or renew it, without the Minister’s authorization. To renew the agreement, a draft renewal agreement must be sent to the Minister at least six months before the agreement expires.

An agreement under this section does not constitute a contract with a subcontractor within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).

2006, c. 43, s. 12; 2023, c. 34, s. 1301; 2023, c. 5, s. 245.

2023-12-13

349.3. After completion of the procedure described in the second paragraph of section 349.2 and after obtaining the authorization of the Minister, the agency and any institution concerned must enter into an agreement with the operator of the associated medical clinic selected. The agreement must specify

(1)  the nature of the specialized medical services to be provided under the agreement;

(2)  the minimum and maximum number of specialized medical services that may be provided each year in the clinic, and how those services are to be distributed on a quarterly basis to ensure their continued availability;

(3)  the unit amount to be paid by the agency to cover the costs related to each specialized medical service provided in the clinic, according to the nature of the service, and the terms of payment;

(4)  the monitoring mechanisms that will allow the institution, or one of its boards, councils or committees determined in the agreement, to ensure the quality and safety of the medical services provided in the clinic;

(5)  the fees, determined in accordance with section 349.5, that may be charged to users who receive a specialized medical service in the clinic, and the manner in which the user is to be informed of how to pay the fees;

(6)  the bookkeeping and information system requirements with which the clinic operator is to comply, and the nature, form, content and frequency of the reports and information the operator is required to send to the other signatories and to the Minister; and

(7)  a mechanism to resolve disputes regarding the interpretation or application of the agreement.

The services covered by the agreement are subject to the complaint examination procedure of the institution that refers users to the associated medical clinic or to the complaint examination procedure of the agency, as the case may be, and are subject to the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The agreement has a maximum five-year term. The parties may not terminate the agreement before its expiry, or amend or renew it, without the Minister’s authorization. To renew the agreement, a draft renewal agreement must be sent to the Minister at least six months before the agreement expires.

An institution that is party to the agreement may communicate information contained in a user’s record to a physician providing specialized medical services specified in the agreement in the clinic if that communication is necessary for the provision of those services. Despite any inconsistent provision, once the specialized medical services have been provided, the physician may communicate to the institution any information contained in the patient’s record that is necessary to ensure continuity of service by the institution.

An agreement under this section does not constitute a contract with a subcontractor within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).

2006, c. 43, s. 12; 2023, c. 34, s. 1301.

2008-01-01

349.3. After completion of the procedure described in the second paragraph of section 349.2 and after obtaining the authorization of the Minister, the agency and any institution concerned must enter into an agreement with the operator of the associated medical clinic selected. The agreement must specify

(1)  the nature of the specialized medical services to be provided under the agreement;

(2)  the minimum and maximum number of specialized medical services that may be provided each year in the clinic, and how those services are to be distributed on a quarterly basis to ensure their continued availability;

(3)  the unit amount to be paid by the agency to cover the costs related to each specialized medical service provided in the clinic, according to the nature of the service, and the terms of payment;

(4)  the monitoring mechanisms that will allow the institution, or one of its boards, councils or committees determined in the agreement, to ensure the quality and safety of the medical services provided in the clinic;

(5)  the fees, determined in accordance with section 349.5, that may be charged to users who receive a specialized medical service in the clinic, and the manner in which the user is to be informed of how to pay the fees;

(6)  the bookkeeping and information system requirements with which the clinic operator is to comply, and the nature, form, content and frequency of the reports and information the operator is required to send to the other signatories and to the Minister; and

(7)  a mechanism to resolve disputes regarding the interpretation or application of the agreement.

The services covered by the agreement are subject to the complaint examination procedure of the institution that refers users to the associated medical clinic or to the complaint examination procedure of the agency, as the case may be, and are subject to the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The agreement has a maximum five-year term. The parties may not terminate the agreement before its expiry, or amend or renew it, without the Minister’s authorization. To renew the agreement, a draft renewal agreement must be sent to the Minister at least six months before the agreement expires.

An institution that is party to the agreement may communicate information contained in a user’s record to a physician providing specialized medical services specified in the agreement in the clinic if that communication is necessary for the provision of those services. Despite any inconsistent provision, once the specialized medical services have been provided, the physician may communicate to the institution any information contained in the patient’s record that is necessary to ensure continuity of service by the institution.

2006, c. 43, s. 12.