Directives to LHINs in respect of Reporting Requirements under the BPSAA. Issued By Minister of Health and Long-Term Care

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1 Directives t LHINs in respect f Reprting Requirements under the BPSAA Issued By Minister f Health and Lng-Term Care Effective April 1, 2011

2 Table f Cntents 1. BACKGROUND REPORT ON THE USE OF CONSULTANTS POSTING OF EXPENSES FOR LHINS COMPLIANCE REPORTS ATTESTATIONS... 6 APPENDIX A LHIN REPORT ON CONSULTANT USE... 9 APPENDIX B POSTING OF EXPENSES APPENDIX C ATTESTATION APPENDIX D Briefing Nte cntent requirements June

3 1. BACKGROUND Preamble: The Brader Public Sectr Accuntability Act, 2010 (the BPSAA r the Act) received Ryal Assent n December 8, Under the Act, lcal health integratin netwrk means a lcal health integratin netwrk within the meaning f Lcal Health System Integratin Act, 2006: As f April 1, 2011, under the Act, every Lcal Health Integratin Netwrk (LHIN), in cmpliance with the directive(s) issued by the Minister f Health and Lng-Term Care (the Minister), is required t: Prepare reprts n the LHIN s use f cnsultants Sectin 5 Publicly pst expense claim infrmatin Sectin 8 Prepare cmpliance attestatins Sectin 14 Purpse, Applicatin and Scpe: The purpse f this directive (the Directive) is t utline the requirements with which every LHIN must cmply under sectins 5, 8 and 14 f the Act. 1 Fr certainty, any term used in this Directive that is defined in sectin 1 f the Act shall have the same meaning as in the Act. 2. REPORT ON THE USE OF CONSULTANTS Backgrund: This Directive, made by the Minister under ss. 5(2) f the Act, utlines the requirements with respect t: (a) (b) (c) the infrmatin that every LHIN must include in its reprts cncerning the use f cnsultants by the LHIN (Reprts); t whm the Reprts shall be submitted; and the frm, manner and timing f the Reprts. 1 As set ut in the Act (s. 5, 8, 14) June

4 Preservatin f Slicitr Client Privilege: The Act maintains the integrity f slicitr client privilege, litigatin privilege and settlement privilege, and des nt require the disclsure f infrmatin subject t any f these privileges. While LHINs are expected t reprt n their retentin f lawyers and law firms fr the prvisin f cnsulting services, they are nt required t reprt n instances where they have retained lawyers and law firms t prvide legal advice, draft legal dcuments, cnduct litigatin n the their behalf, r therwise fr the purpse f prviding legal services t a LHIN. Submissin f Reprts: Every LHIN shall submit its Reprts, which must be apprved by the LHIN s bard, t the Ministry f Health and Lng-Term Care (the Ministry) by June 30 th every year, starting in Reprting Perid: The first Reprting Perid will be April 1, 2011 t March 31, The Reprting Perid fr all subsequent years will be April 1 t the fllwing March 31. Frm f Reprt: A reprting template is attached t this Directive as Appendix A. Every LHIN is required t submit its Reprts using this template. Fr every prject fr which the LHIN retained a cnsultant during the Reprting Perid, every LHIN is required t reprt n the fllwing infrmatin: 1. Cnsulting Firm Retained by the LHIN: The name f the Cnsulting Firm (e.g. ABC Cnsulting Grup) retained t cmplete wrk n the prject. 2. Name and Title f Cnsulting Cntract: The name/title f each prject listed and the purpse (e.g. Infrmatin Technlgy Refresh). 3. Cntract Term: The start and end-date f each cnsultant cntract entered int by the LHIN. If there has been a change in the cntract term, e.g. an extensin, please nte the riginal cntract term and the revised cntract term. Fr example, a cnsultant firm hired t develp a strategic lng-term care plan with an riginal cntract term frm August 3 rd t Nvember 9 th, 2011, which was extended t January 31, 2012, wuld be recrded as fllws: A: Original cntract term: August 3 Nvember 9, 2011 B: Amended cntract term: August 3, 2011 January 31, 2012 June

5 4. Ttal Prcurement Value ($) / Ttal Paid: The value f the riginal cntract, the value f any amendments, and the ttal amunt paid t each cnsulting firm by the LHIN. This ttal amunt must include the amunt paid t the firm during the riginal cntract term, and, in the event that the cntract is amended, any subsequent amunts paid t the firm. Fr example, an IT Refresh prject had an riginal cntract price f $65,000. Hwever, the length f the cntract term was changed, and the ttal value changed t $90,000, this wuld be recrded as: A: Original Prcurement Value: $65,000 B: Amended Prcurement Value: $25,000 A+B=C C: Ttal Prcurement Value: $90,000 If a cntract term extends beynd the Reprting Perid, the LHIN must indicate the amunts paid t each cnsulting firm up until the end f the Reprting Perid (e.g. if a cntract term is August 2011 t July 2012 the LHIN s Reprt fr the Reprting Perid frm April 1, 2011 March 31, 2012, must include the amunt paid n the cntract fr the perid frm August 2011 t March 2012). The amunt paid n the cntract fr the perid f April 1, 2012 until July 2012 will be included in the April 1, 2012 March 31, 2013 reprting perid. 5. Cnsultant Selectin Prcess: The Selectin prcess used: Invitatinal cmpetitive Open cmpetitive Nn cmpetitive (if nn-cmpetitive, please prvide an explanatin) Other 6. Mdificatins t Agreement: Indicate whether the cntract term r the value f any cnsultant cntract(s), have been mdified (Yes r N). If Yes, indicate whether the relevant prcurement dcuments allwed fr any mdificatin (Yes r N) i.e. a prvisin t extend the cntract is in the cntract dcuments. If N, please ensure the mdificatin is captured in the Cmpliance Reprt -Attestatin. June

6 3. POSTING OF EXPENSES FOR LHIN Backgrund: The Minister has issued this Directive under the authrity f subsectin 8(2) f the BPSAA, and every LHIN must pst infrmatin abut expense claims n its public website in a manner that cmplies with the requirements set ut in this Directive. Types f Expense Claims that Must be Psted: Every LHIN must pst the required infrmatin abut expense claims made fr the fllwing types f expenses: Travel Vehicle rental r wn use (mileage) Train r air travel Taxi r public transprtatin Accmmdatin Travel incidentals (insurance, parking, tlls) Meal Hspitality LHINs are encuraged t review the OPS Travel, Meal and Hspitality Expenses directive, available n the Ministry f Gvernment Services website, with respect t what is cvered within these categries. Whse Expense Claim Infrmatin Must be Psted: Every LHIN must pst the required infrmatin abut expense claims made by the fllwing individuals (the Designated Individuals): Every member f the Bard f Directrs; Chief Executive Officer; Chief Infrmatin Officers, Chief Operating Officers and Senir Directrs A LHIN is nly required t pst expense claim infrmatin abut expenses claimed by Designated Individuals, where the expenses are reimbursed by the LHIN using public funds. Infrmatin Abut Expense Claims That Must be Psted: Every LHIN shall pst the fllwing infrmatin in respect f each travel, meal and hspitality expense claim made by a Designated Individual: Type f Expense Claim Date n which expense was incurred Amunt claimed Descriptin June

7 Frm, Manner and Timing f Psting: Every LHIN must cmplete an expense reprt, in the frm shwn in Appendix B, fr each Designated Individual. The cmpleted expense reprts must be psted under the Disclsure f Expenses link in the Abut Our LHIN sectin n the navigatin bar n the LHIN s public website. Every LHIN must pst the expense reprts n a quarterly basis, fllwing the psting cycle set ut belw: Quarter Reprting Perid Public Psting date 1 April 1 t June 30 August 31 July 31 2 July 1 t September 30 Nvember 30 Octber 31 3 Octber 1 t December 31 February 28 January 31 4 January 1 t March 31 May 31 April 30 Date by which infrmatin package must be sent t the Ministry Each quarterly psting must include all expenses apprved within the quarter. Fr example, this means that every LHIN must pst the required infrmatin abut expense claims made frm April 1, 2011 t June 30, 2011 by August 31, If a claim is incurred in ne Reprting Perid but nt apprved until a subsequent Reprting Perid, infrmatin abut the claim shuld be psted in the Reprting Perid during which the expense was apprved. In alignment with the practices f ther Crwn agencies, expense reprts must be psted n later than 60 days fllwing the end f each quarter. Prir t psting the expense reprts n its public website and within 30 days f the end f the Reprting Perid, every LHIN must submit all f its expense reprts, as well as an accmpanying briefing nte, t the Ministry. The briefing nte cntent requirements can be fund in Appendix D. Every LHIN shall cntinue t make the required infrmatin available n its public website fr a perid f 7 years. 4. COMPLIANCE REPORTS ATTESTATIONS Pursuant t sectin 14 f the Act, every LHIN is required t prepare attestatins, made by its Chief Executive Officer, and apprved by its bard, attesting t: The cmpletin and accuracy f reprts required n the use f cnsultants (s. 5 f the Act) Cmpliance with the prhibitin n engaging lbbyist services using public funds (s. 4 f the Act) Cmpliance with the applicable expense claim directives issued by the Management Bard f Cabinet; June

8 Cmpliance with the applicable perquisites directives issued by the Management Bard f Cabinet; and Cmpliance with the applicable prcurement directives issued by the Management Bard f Cabinet. In additin, nce ss. 14(1)(c.1) f the Act is prclaimed int frce, every LHIN will be required t attest t the LHIN s cmpliance with perquisites ( perks ) directives issued by the Management Bard f Cabinet. This Directive is issued by the Minister f Health and Lng-Term Care under the authrity f subsectin 14(2) f the Act. Every LHIN is required t cmply with this directive, and, as required by the BPSAA, every LHIN must pst its attestatins n its public website. In additin, althugh nt a requirement under the BPSAA, the LHIN s Chief Executive Officer must attest t the fllwing: That the LHIN has fulfilled its bligatins under the Memrandum f Understanding; That the LHIN has fulfilled its bligatins under the Ministry LHIN Accuntability Agreement/Ministry LHIN Perfrmance Agreement, in effect during the Reprting Perid; and The required attestatin frm (Appendix C) includes all f the matters listed abve. Frm, Timing and Submissin Requirements: Frm f the Attestatin: Every LHIN must cmplete the required attestatin in the frmat set ut in Appendix C (attached t this Directive). If there are material exceptins t the LHIN s cmpliance with any f the requirements t which the LHIN is attesting, the attestatin must list the exceptin(s), prvide a ratinale/explanatin fr each incidence f nn-cmpliance, and describe what, if any, actins the LHIN has taken t address the incidents f nn-cmpliance. Timing and Submissin Requirements: Every LHIN must prepare the required attestatins n a quarterly basis, in accrdance with the Reprting Perids set ut in the chart belw. Every LHIN must submit the required attestatins, apprved by the bard, t the Ministry within 30 days f the end f the Reprting Perid, and must pst its attestatins n its public website within 60 days f the end f the Reprting Perid. June

9 Quarter Reprting Perid Date by which bard apprved attestatin must be submitted t the Ministry Public Psting Date 1 April 1 t June 30 July 31 August 31 2 July 1 t September 30 Octber 31 Nvember 30 3 Octber 1 t December 31 January 31 February 28 4 January 1 t March 31 April 30 May 31 Public Psting: Every LHIN is required t pst its bard apprved attestatins n its public website by the public psting dates utlined in the chart abve, and must maintain its attestatins n its main public website fr a perid f ne year, after which time the attestatins may be mved t the archive sectin f the website. June

10 APPENDIX A LHIN REPORT ON CONSULTANT USE Sample - LHIN Reprt n Cnsultant Use Name f LHIN: Reprting Perid: April 1, 2011 t March 31, 2012 N. Cnsultant Firm Name(s) Name and Title f Cnsulting Cntract Cntract Term If the cntract term has been extended please include the riginal cntract term and the amended cntract term Prcurement Value (A) Original value plus (B) Value f amendments and (C) Ttal prcurement value ($) / Ttal Paid Cnsultant Selectin Prcess (Open Cmpetitive, Invitatinal Cmpetitive, Nn-cmpetitive) If nn-cmpetitive, please prvide an explanatin Mdificatins t Agreement (Yes/N) If Yes, did the prcurement dcuments permit mdificatins t the term r value f the agreement? 1. ABC Cnsulting Grup Strategic Health Plan fr Lng- Term Care Original Cntract Term: August 3 t Nvember 9, 2011 Amended Cntract Term: August 3, 2011 t January 31, 2012 A Original Prcurement Value $65,000 B Amended Prcurement Value $25,000 C Ttal Prcurement Value $90,000 A+B=C Ttal Paid fr reprting perid - $90,000 Open cmpetitive Yes N. If the cntract did nt allw fr a mdificatin in the cntract term r prcurement value please ensure the mdificatin is captured in the Cmpliance Reprt/ Attestatin (Nte if cntract term extends beynd the Reprting Perid, indicate ttal paid during the reprting perid f April 1 t March 31) Preservatin f Slicitr client privilege: The Act maintains the integrity f slicitr client privilege, litigatin privilege and settlement privilege, and des nt require the disclsure f infrmatin subject t any f these privileges. While a LHIN, as a crwn agency, generally receives legal advice frm Ministry f the Attrney General cunsel, shuld the retentin f utside cunsel becme necessary, the LHIN wuld nt be required t reprt n instances where it has retained lawyers and law firms: t prvide legal advice, t draft legal dcuments, r therwise fr the purpse f prviding legal services t the LHIN. Hwever, the LHIN wuld be required t reprt n the retentin f lawyers and law firms fr the prvisin f prviding cnsulting services t the LHIN.. 10

11 Appendix B Psting f Expenses Sample Template Frm Name: Title: Reprting Perid: Date Amunt Expense Categry Descriptin April 10-12, 2011 $ Travel Meals April 10-12, 2011 $ Travel Accmmdatin Meeting with Health Service Prvider Meeting with Health Service Prvider April 16, 2011 $16.00 Travel Mileage Bard meeting Definitins: Date(s): - when expense(s) were incurred Amunt: - the value f the apprved expense Expense Categry: - the type f expense incurred: Travel Vehicle rental r wn use (mileage) Train r air travel Taxi r public transprtatin Accmmdatin Travel incidentals (insurance, parking, tlls) Meal Hspitality Descriptin: Ntes explaining the cntext in which the expenses were incurred, r any ther relevant details. June

12 APPENDIX C - ATTESTATION Prepared in accrdance with sectin 14 f the Brader Public Sectr Accuntability Act, 2010 (BPSAA) TO: FROM: Date: RE: The Bard [insert Name f LHIN], (the Bard ) [insert Name] CEO [insert Name f LHIN] [insert date] [insert dates f reprting perid] ( the Applicable Perid ) On behalf f the [name f LHIN] (the LHIN) I attest t: the cmpletin and accuracy f reprts required f the LHIN, pursuant t sectin 5 f the BPSAA, n the use f cnsultants; the LHIN s cmpliance with the prhibitin, in sectin 4 f the BPSAA, n engaging lbbyist services using public funds; the LHIN s cmpliance with all f its bligatins under applicable directives issued by the Management Bard f Cabinet; the LHIN s cmpliance with its bligatins under the Memrandum f Understanding with the Ministry f Health and Lng-Term Care; and the LHIN s cmpliance with its bligatins under the Ministry LHIN Accuntability Agreement/Ministry LHIN Perfrmance Agreement in effect, during the Applicable Perid. In making this attestatin, I have exercised care and diligence that wuld reasnably be expected f a Chief Executive Officer in these circumstances, including making due inquiries f LHIN staff that have knwledge f these matters. I further certify that any material exceptins t this attestatin are dcumented in the attached Schedule A. Dated at [insert city], Ontari this [insert date], 20xx. [insert name f CEO]] [insert: Name f LHIN] I certify that this attestatin has been apprved by the bard f the [insert Name f LHIN] n [insert date]. [insert: Name f Bard Chair] Chair f the Bard [insert: Name f LHIN] June

13 SCHEDULE A t Attestatin Nte t LHIN Bards re Schedule A. If the LHIN has n exceptins t declare, please insert n knwn exceptins under each f fllwing belw: 1. Memrandum f Understanding 2. Ministry-LHIN Accuntability Agreement (MLAA)/Ministry-LHIN Perfrmance Agreement (MLPA) in effect 3. Cmpletin and accuracy f reprts required pursuant t Sectin 5 f the BPSAA; 4. Prhibitin, in sectin 4, f the BPSAA, n engaging lbbyist services using public funds; 5. Cmpliance with applicable directives issued by the Management Bard f Cabinet (including Prcurement, Travel, Meals and Hspitality, and Perquisites Directives t be added nce ss. 14(1)(c.1) f the Act is prclaimed int frce) If the LHIN has exceptins t declare under 1-5, please: list them accrdingly; prvide a ratinale fr each exceptin in respect f why the LHIN did nt cmply; and describe what actins have been, r will be taken, t address each exceptin. Please nte that if any exceptins declared in a previus declaratin f cmpliance made by the Bard n behalf f the LHIN cntinue thrugh this reprting perid, they must als be declared in Schedule A f this declaratin. If yu are in dubt as t hw t cmplete this Schedule, please cntact yur legal cunsel. Please delete this nte befre cmpleting Schedule A. June

14 1. MEMORANDUM OF UNDERSTANDING SCHEDULE A t Attestatin Fr [insert name f LHIN] Fr the Applicable Perid: [Insert date range] 2. MINISTRY LHIN ACCOUNTABILITY AGREEMENT/MINISTRY LHIN PERFORMANCE AGREEMENT 3. COMPLETION AND ACCURACY OF REPORTS REQUIRED PURSUANT TO SECTION 5 OF THE BPSAA 4. PROHIBITION ON ENGAGING LOBBYIST SERVICES USING PUBLIC FUNDS PURSUANT TO SECTION 4 OF THE BPSAA 5. COMPLIANCE WITH APPLICABLE DIRECTIVES ISSUED BY MANAGEMENT BOARD OF CABINET a. OPS PROCUREMENT DIRECTIVE b. OPS TRAVEL, MEAL AND HOSPITALITY EXPENSES DIRECTIVE c. [TO BE ADDED ONCE SS. 14(1)(C.1) IS PROCLAIMED INTO FORCE] OPS PERQUISITES DIRECTIVE June

15 Appendix D Briefing Nte Cntent: Psting f Expenses fr LHIN Every LHIN must submit a briefing nte that includes the fllwing infrmatin and analysis, with the expense reprts that the LHIN is required t submit t the Ministry: 1. Summary f expenses t be psted including: a. Ttal value f all expenses claimed b. Ttal value f all expenses claimed fr each Designated Individual c. Identificatin f any lw cst items Under $5.00 d. Identificatin f any items that exceed the maximum amunt stipulated in the OPS Travel, Meal and Hspitality Directive (e.g. dinner expense amunt exceeding maximum amunt stipulated in the Directive) e. Identificatin f any travel utside the prvince Prvide ratinale 2. Cntentius Issues: a. Briefly identify cntentius issues (e.g. internatinal travel that did nt receive the apprpriate level f apprval) 3. Cmmunicatins/Issues Management Strategy: a. Prvide an utline f the cmmunicatins/issues management strategy t be implemented by the LHIN t mitigate any ptential cntentius issues that may arise frm the psting f expenses. 4. Attachments: a. Submit all apprved Travel, Meal and Hspitality expenses claimed by each Designated Individual, as they will appear nline, as an attachment t the briefing nte. D nt include any persnal infrmatin r ther cnfidential infrmatin in the briefing nte. The briefing nte must be cmpleted with input frm the LHIN s Cmmunicatin Lead. The briefing nte must be apprved by the LHIN CEO and Cntrller prir t submissin t the Ministry. June

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