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ontario regulation 211/20

made under the

Ontario Drug Benefit Act

Made: May 12, 2020
Filed: May 13, 2020
Published on e-Laws: May 13, 2020
Printed in The Ontario Gazette: May 30, 2020

Amending O. Reg. 201/96

(GENERAL)

1. (1) Subsection 1 (1) of Ontario Regulation 201/96 is amended by adding the following definition:

“COVID-19 emergency” means the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act;

(2) The definition of “COVID-19 emergency” in subsection 1 (1) of the Regulation, as made by subsection (1), is revoked.

2. (1) Section 20.1 of the Regulation is amended by adding the following subsection:

(3) Despite subsection (1), the maximum co-payment that the operator of a pharmacy or a physician may charge a person in respect of supplying a listed drug product for an eligible person is $0 where,

(a)  the maximum quantity of the listed drug product determined under subsection 18 (7) is sufficient for more than a 30-day course of treatment; and

(b)  the dispenser determines that the quantity should be supplied in two or more instalments under subclause 18 (8) (a) (i) in order to protect the drug supply chain and prevent drug shortages due to circumstances relating to the COVID-19 emergency.

(2) Subsection 20.1 (3) of the Regulation, as made by subsection (1), is revoked.

3. (1) Section 20.2 of the Regulation is amended by adding the following subsection:

(5.1) Despite paragraph 3 of subsection (5), on or after the day the eligible person’s allowable drug costs for the fiscal period reach or exceed the deductible amount, the maximum co-payment that the operator of a pharmacy or a physician may charge a person in respect of supplying a listed drug product for the eligible person is $0 where,

(a)  the maximum quantity of the listed drug product determined under subsection 18 (7) is sufficient for more than a 30-day course of treatment; and

(b)  the dispenser determines that the quantity should be supplied in two or more instalments under subclause 18 (8) (a) (i) in order to protect the drug supply chain and prevent drug shortages due to circumstances relating to the COVID-19 emergency.

(2) Subsection 20.2 (5.1) of the Regulation, as made by subsection (1), is revoked.

Commencement

4. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2), 2 (2) and 3 (2) come into force on July 1, 2020.