Acts and Regulations

2014, c.112 - Health Services Act

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Current to 1 January 2024
2014, c.112
Health Services Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“beneficiary” means a beneficiary as defined in the regulations.(bénéficiaire)
“entitled services” means entitled services as defined in the regulations, but does not include any goods or services that are set out in the definition and for which a beneficiary may be eligible to receive under any other Act of the Legislature or of the Parliament of Canada.(services assurés)
“health services plan” means a plan established under this Act and the regulations.(régime d’assistance médicale)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
R.S.1973, c.H-3, s.1
Health services plan
2The Minister shall take any action necessary to establish a health services plan to provide entitled services to beneficiaries
(a) that is subject in respect of its accounts and financial transactions to audit by any person charged by law with the audit of the accounts of the Province,
(b) that provides payment for the providing of entitled services to beneficiaries in the Province, and
(c) that may provide for the payment of amounts in respect of the cost of entitled services provided to a beneficiary while temporarily absent from the Province.
R.S.1973, c.H-3, s.3
Subrogation rights
3(1)When, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he or she receives entitled services, that person shall have the same right to recover the cost of the entitled services against the person who was negligent or who did the wrongful act as he or she would have had if he or she, personally, had been required to pay for the entitled services.
3(2)When under subsection (1) a person recovers a sum in respect of entitled services received by him or her, that person shall without delay pay the sum to the Province.
3(3)The Crown in right of the Province shall be subrogated to the rights of a person under this section to recover any sum paid for entitled services provided to that person, and an action may be maintained by the Crown, either in its own name or in the name of that person, for recovery of that sum.
3(4)It shall not be a defence to an action brought by the Crown under subsection (3) that a claim for damages has been adjudicated on unless the claim included a claim for the sum paid for entitled services, and it shall not be a defence to an action for damages for personal injuries brought by a person who has received entitled services that an action taken by the Crown under subsection (3) has been adjudicated on.
3(5)No release or settlement of a claim or judgment based on a cause of action for damages for personal injuries in a case where the injured person has received entitled services is binding on the Crown unless the Minister has approved the release or settlement in writing.
3(6)When a person whose act or omission resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province, the liability insurer is liable to and shall pay to the Province a sum in respect of entitled services provided to that other person that would otherwise be paid to the insured person, and payment of that sum to the Province discharges the liability of the insurer to pay that sum to the insured person or to any person claiming under or on behalf of the insured person.
3(7)In an action under this section, a certificate signed or purporting to be signed by or on behalf of the Minister may be received and considered by the court as evidence of the contents of the certificate, and also of the office, authority and signature of the person signing, without proof of his or her appointment, authority or signature.
3(8)This section applies to costs for entitled services incurred after May 12, 1972.
R.S.1973, c.H-3, s.5
Immunity
4No action lies against the Minister with respect to any act or omission relating to the providing of entitled services.
R.S.1973, c.H-3, s.6
Immunity from action respecting information
5Subject to section 9, no action lies against a provider of entitled services in respect of information furnished to the Minister under this Act or the regulations.
R.S.1973, c.H-3, s.7
Confidential information
6Every person employed in the administration of this Act shall preserve secrecy in respect of all matters that come to that person’s knowledge in the course of his or her employment, and shall not communicate those matters to any person except
(a) for a purpose relating to the administration of this Act or as required by law,
(b) to a provider in relation to entitled services that he or she has provided, or
(c) on the request or with the written consent of the person to whom the matter relates.
R.S.1973, c.H-3, s.8
Powers of Minister
7Despite any other provision of this Act, the Minister may, in accordance with any terms and conditions that the Minister considers appropriate, communicate to a regional health authority as defined in the Regional Health Authorities Act, medical doctor, nurse practitioner or pharmacist, any information furnished to the Minister under this Act or the regulations, for the purposes of
(a) controlling, reducing or discontinuing the inappropriate use of drugs provided as entitled services, or
(b) controlling or preventing the abusive use of a health services plan as it relates to drugs.
1982, c.29, s.1; 1992, c.52, s.14; 2002, c.1, s.8; 2002, c.23, s.3
Conflict with the Right to Information and Protection of Privacy Act
8(1)If section 6 is inconsistent with or in conflict with subsection 7(1) or (2) of the Right to Information and Protection of Privacy Act, section 6 prevails.
8(2)If section 7 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 7 prevails.
2013, c.34, s.15
Offences and penalties
9(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
9(2)A person who violates or fails to comply with section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
9(3)Any person receiving or providing entitled services who wilfully makes a false statement in any report, form or return required for the purpose of this Act or the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
R.S.1973, c.H-3, s.9; 1990, c.61, s.60
Payment for services
10Except as provided in the regulations, payments made by the Province to providers of entitled services shall constitute payment in full for those entitled services.
R.S.1973, c.H-3, s.10
Administration
11The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
R.S.1973, c.H-3, s.2
Consultations respecting regulations
12Before recommending to the Lieutenant-Governor in Council any amendments to regulations made under paragraphs 13(d), (f), (g), (h), (i), (l) and (o), the Minister shall consult with the professional or trade associations providing entitled services.
R.S.1973, c.H-3, s.4
Regulations
13The Lieutenant-Governor in Council may make regulations
(a) establishing a health services plan;
(b) providing for the administration and operation of the health services plan;
(c) defining who is a beneficiary for the purposes of the health services plan and establishing categories of beneficiaries;
(d) defining entitled services;
(e) determining the kinds of entitled services for which specified categories of beneficiaries shall be eligible;
(f) respecting the time, manner and form in which the accounts shall be rendered and in which any other information required in connection with the account shall be submitted;
(g) providing for participation fees;
(h) prescribing the method of assessing accounts with respect to the cost of entitled services and of determining the amount payable for entitled services;
(i) regulating the payment to providers of services in the Province for providing entitled services to beneficiaries either by a tariff of authorized payments or in accordance with any other system of payment on a basis that provides reasonable compensation for entitled services provided and the manner and form of the payment;
(j) prescribing the amounts to be paid with respect to the cost of entitled services provided
(i) in another province, or
(ii) outside Canada;
(k) respecting reimbursement to beneficiaries for entitled services for which they have paid, to the extent that no claim for payment has been made by the provider of the entitled services;
(l) providing that claims for payment for entitled services must be submitted within a specified time from the date on which the entitled services were supplied, and providing for the pro rata reduction, or refusal, of the payments if the specified time period is exceeded;
(m) providing for the appointment of advisory committees and prescribing the duties of the committees;
(n) fixing the remuneration for members of committees for attending meetings or otherwise carrying out their prescribed duties;
(o) respecting appeals and providing procedures for appeals;
(p) generally, for the better administration of this Act.
R.S.1973, c.H-3, s.11
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to February 9, 2015.