1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS

BILL 26 -- 1994

MEDICAL AND HEALTH CARE SERVICES
AMENDMENT ACT, 1994

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Medical and Health Care Services Act, S.B.C. 1992, c. 76, is amended

(a) by repealing the definition of "appropriation",

(b) in the definition of "benefits" by repealing paragraph (c) and substituting the following:

(c) unless, under section 4, the services are determined by the commission not to be benefits, medically required services performed by or under the supervision of

(i) a medical practitioner who has been enrolled under section 12, or

(ii) a person specified for the purpose by the regulations in an approved diagnostic facility in accordance with protocols agreed to by the commission or in an approved diagnostic facility on order of the referring practitioner who is a member of a prescribed category of practitioner; ,

(c) in the definition of "chair" by striking out "subcommittee," and substituting "special committee,",

(d) in the definition of "commission" by striking out "and includes a subcommittee acting under an assignment made under section 3", and

(e) by repealing the definition of "subcommittee" and substituting the following:

"special committee" means a special committee established under section 3; .

2 Section 2 is amended by striking out "subcommittee" wherever it appears and substituting "special committee".

3 Section 3 is repealed and the following substituted:

Special committees respecting
health care practitioners

3 (1) After consultation with the appropriate licensing body, the Lieutenant Governor in Council may establish one or more special committees to exercise the powers, duties or functions of the commission under this Act that are specified by the Lieutenant Governor in Council for a body of health care practitioners.

(2) A special committee established under subsection (1) is composed of the persons the Lieutenant Governor in Council specifies and exercises its powers, duties or functions on the terms and conditions the Lieutenant Governor in Council specifies.

(3) A special committee established under subsection (1) may establish a panel and the powers, duties and functions of the special committee may be exercised, subject to the regulations, by the panel.

(4) A power, duty or function given under subsection (1) to a special committee may continue to be exercised by the commission unless the Lieutenant Governor in Council directs that the commission not exercise the power, duty or function.

(5) A power, duty or function given under subsection (1) to one special committee may also be given under subsection (1) to another special committee.

(6) The Lieutenant Governor in Council must designate the chair of each special committee and may designate a deputy chair of each special committee.

4 Section 4 (5) is amended by striking out "subcommittees," and substituting "special committees,".

5 Section 5 is repealed and the following substituted:

Power to delegate

5 (1) In this section "panel" means a panel of 3 or more persons appointed by the commission.

(2) The commission may delegate any of the commission's or the chair's powers or duties, except those under section 10 (2), 14 (2), 19, 20, 21, 28 (4) or 32 (1), to a person or panel.

(3) The commission may delegate powers or duties under section 10 (2), 14 (2), 28 (4) or 32 (1) but only to a panel selected by the commission.

6 Section 6 (7) is repealed and the following substituted:

(7) The commission may cancel the enrollment of a beneficiary effective on the earlier of

(a) the date requested by the beneficiary, and

(b) the date, as determined by the commission, the beneficiary ceased to be a resident.

7 Section 10 (4) is amended by striking out "section 6 (7)," and substituting "section 6 (7) (b),".

8 Section 18 is amended by adding the following definition:

"appropriation" means an appropriation as defined in the Financial Administration Act for the operation of

(a) the commission, or

(b) the plan; .

9 Section 19 (1) is amended by striking out "this Part" and substituting "sections 21 and 22".

10 Section 32 is amended

(a) by repealing subsection (2) and substituting the following:

(2) Before taking action under subsection (1), the commission must notify in writing the practitioner, owner of a diagnostic facility or representative of a professional corporation

(a) of the commission's intention to proceed under this section,

(b) of the circumstances giving rise to the commission's intended action,

(c) that the practitioner, owner of a diagnostic facility or representative of a professional corporation has the right to a hearing, to be requested by the practitioner, owner of a diagnostic facility or representative of a professional corporation within 21 days from the date that the notice is delivered, and to appear in person or with legal counsel at the hearing, and

(d) that, if the practitioner does not request a hearing or attend at the hearing, an order may be made in his or her absence. , and

(b) by adding the following subsection:

(2.1) Despite subsections (1) and (2), the commission may proceed to make an order under subsection (1) without holding a hearing if the practitioner, owner of the diagnostic facility or representative of the professional corporation, having been given notice of the proceeding for the order, agrees to waive the right to a hearing.

11 The following section is added:

Settlement of claims ascertained under section 32 (1) (d)

32.1 If the commission believes it to be in the public interest to accept less than 100% payment in settlement of money required to be paid by a practitioner, owner of the diagnostic facility or representative of the professional corporation under section 32 (1) (d), the commission may accept the greater of

(a) the percentage of the money required to be paid under section 32 (1) (d) that the commission considers appropriate in settlement, and

(b) the percentage of the money required to be paid under section 32 (1) (d) that Treasury Board sets for the purposes of settlement under this section, if Treasury Board sets this percentage.

12 Section 36 (1) is amended by striking out "board." and substituting "board within 30 days of the order or cancellation."

13 Section 37 (1) is amended by striking out "board." and substituting "board within 30 days of the order or cancellation."

14 Section 39 (2) is repealed and the following substituted:

(2) Subsection (1) does not apply to

(a) a patient visit charge under section 45 (2) (p) if the commission has given approval for the contract before or after the service was rendered,

(b) insurance obtained to cover health care costs outside of Canada, or

(c) insurance obtained by a person who is not eligible to be a beneficiary.

15 Section 42 (1) is amended by striking out "subcommittee," and substituting "special committee,".

16 Section 43 (c) is amended by striking out "in British Columbia".

Commencement

17 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: repeals the definition of "appropriation", which is re-enacted by section 8 of this Bill for the purposes of Part 4 of the Act. Section 1 also expands the definition of "benefits" to permit a broader list of practitioners to be prescribed by regulation as able to order tests from approved diagnostic facilities under the Medical Services Plan. The term "special committee" is substituted for "subcommittee".

SECTION 2: amends section 2 of the Act to reflect the substitution by this Bill of "special committee" for "subcommittee" throughout the Act.

SECTION 3: re-enacts section 3 of the Act to more clearly state the powers and duties of special committees. Section 3 (3) of the Act would allow a special committee to establish a panel to carry out the powers, duties and functions of the special committee within the limits established by regulation of the Lieutenant Governor in Council.

SECTION 4: amends section 4 (5) of the Act to reflect the substitution by this Bill of "special committee" for "subcommittee" throughout the Act.

SECTION 5: expands the commission's power to delegate to include powers or duties under section 10 (2), 14 (2), 28 (4) or 32 (1) of the Act if delegated to a panel selected by the commission.

SECTION 6: specifies that the commission's capacity to cancel enrollment of a beneficiary who has ceased to be a resident in British Columbia includes the capacity to make the cancellation retroactive to the date, as determined by the commission, that the beneficiary's residency ceased.

SECTION 7: clarifies that if a beneficiary requested cancellation of enrollment then that beneficiary is not later entitled to a hearing under section 10 (2) of the Act respecting this cancellation.

SECTION 8: clarifies that the term "appropriation" in the context of Part 4 of the Act refers only to an appropriation for the operation of the commission and the Medical Services Plan.

SECTION 9: clarifies that the available amount for medical practitioners is for payments described in sections 21 and 22 of the Act and not other payments.

SECTION 10: restates section 32 (2) to parallel corresponding provisions of section 14 of the Act.

SECTION 11: adds section 32.1 to the Act to more clearly provide that in appropriate circumstances the commission may settle a claim for reimbursement for less than 100% recovery against a practitioner.

SECTIONS set a 30 day limit for filing appeals under sections 12 and 13: 36 and 37 of the Act.

SECTION 14: re-enacts section 39 (2) of the Act to ensure that the prohibition against private insurance will not be read as a prohibition against insurance for (a) out of Canada coverage, or (b) a person who is not entitled to be a beneficiary.

SECTION 15: amends section 42 (1) of the Act to reflect the substitution by this Bill of "special committee" for "subcommittee" throughout the Act.

SECTION 16: amends section 43 (c) of the Act to permit, with safeguards, the commission to share information with its counterparts in other jurisdictions.


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