1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the
6th day of July, 1994
Ian D. Izard, Law Clerk.
HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE
FOR SENIORS
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 determined by the commission under section 4 not to be benefits, medically required services performed
(i) in an approved diagnostic facility, and
(ii) by or under the supervision of an enrolled medical practitioner who is acting
(A) on order of a person in a prescribed category of persons, or
(B) in accordance with protocols approved by the commission; ,
(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3 Section 3 is repealed and the following substituted:
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:
5 (1) In this section "panel" means a panel of 3 or more persons who are appointed by the commission and who represent each of the following:
(a) the British Columbia Medical Association;
(b) beneficiaries;
(c) government.
(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 21 is amended
(a) in subsection (1) by striking out everything after "of those payment schedules", and
(b) by repealing subsection (9).
11 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.
12 The following section is added:
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.
13 Section 36 (1) is amended by striking out "board." and substituting "board within 30 days of the order or cancellation."
14 Section 37 (1) is amended by striking out "board." and substituting "board within 30 days of the order or cancellation."
15 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.
16 Section 42 (1) is amended by striking out "subcommittee," and substituting "special committee,".
17 Section 43 (c) is amended by striking out "in British Columbia".
18 This Act comes into force by regulation of the Lieutenant Governor in Council.
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