Acts and Regulations

H-9 - Hospital Services Act

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Current to 1 January 2024
CHAPTER H-9
Hospital Services Act
Definitions
1In this Act
“authorized charges” Repealed: 1986, c.43, s.1
“cost of the entitled services” includes the cost of future entitled services;(coût des services assurés)
“entitled services” means the insured hospital and diagnostic services to which a person is entitled under this Act and the regulations without charge, if received in the Province, and in accordance with the rates established under the hospital services plan, if received outside the Province;(services assurés)
“fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the next year;(année financière)
“hospital” Repealed: 1992, c.52, s.16
“hospital corporation” Repealed: 2002, c.1, s.12
“medical practitioner” means a member of the medical profession who is licensed to practise medicine under the laws of the jurisdiction in which the medical practitioner practises;(médecin)
“Minister” means the Minister of Health and includes any person designated by the Minister to act on his or her behalf;(Ministre)
“oral and maxillofacial surgeon” means a dental practitioner whose name is entered in the specialists register and who is the holder of a specialist’s licence in oral and maxillofacial surgery issued pursuant to the New Brunswick Dental Act, 1985, or a dental practitioner who practises outside of New Brunswick and who is recognized as an oral and maxillofacial surgeon by the licensing body of the jurisdiction in which that dental practitioner practises oral and maxillofacial surgery;(chirurgien bucco-dentaire et maxillo-facial)
“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act;(régie régionale de la santé)
“resident” means a resident as defined in the regulations.(résident)
“resident” or “resident of the Province” Repealed: 2019, c.12, s.15
1960-61, c.11, s.1; 1979, c.33, s.1; 1983, c.38, s.1; 1986, c.8, s.56; 1986, c.43, s.1; 1992, c.52, s.16; 1992, c.81, s.1; 1993, c.61, s.1; 1997, c.18, s.1; 2000, c.26, s.159; 2002, c.1, s.12; 2003, c.21, s.1; 2006, c.16, s.85; 2019, c.12, s.15
Federal-Provincial agreements
2The Government of New Brunswick, represented by the Minister of Health, may enter into and amend from time to time an agreement with the Government of Canada under which Canada will contribute to the cost of entitled services provided for in this Act in accordance with such terms and conditions as the agreement may provide.
1960-61, c.11, s.2; 1986, c.8, s.56; 2000, c.26, s.159; 2006, c.16, s.85
Administration of Act
3The Minister shall administer and enforce this Act and the regulations and may designate another person to act on his behalf.
1960-61, c.11, s.3; 1979, c.33, s.2
Objects of Act
4The Minister may take such steps as he deems necessary for the following purposes:
(a) to ensure the development throughout New Brunswick of a balanced and integrated system of hospital facilities,
(b) to approve regional health authorities for the purposes of this Act in accordance with the regulations,
(b.1) to approve hospitals and other facilities outside New Brunswick for the purposes of this Act in accordance with the regulations,
(c) to approve the establishment of new hospital facilities and additions to existing hospital facilities,
(d) to determine the amount of and pay for hospital facility construction,
(e) Repealed: 2002, c.1, s.12
(f) Repealed: 2002, c.1, s.12
(g) to administer the hospital services plan established by the regulations,
(h) to determine the amounts to be paid to regional health authorities and to pay regional health authorities for entitled services provided to persons under the hospital services plan and to make retroactive adjustments with regional health authorities for underpayment and overpayment for entitled services according to the cost as determined in accordance with this Act and the regulations,
(h.1) to determine the amounts to be paid and to pay for entitled services received or to be received by entitled persons under the hospital services plan from hospitals and other facilities outside New Brunswick and to make retroactive adjustments for underpayment and overpayment for such entitled services according to the cost as determined in accordance with this Act and the regulations,
(h.2) to determine the amounts to be paid to and to pay hospitals and other facilities outside New Brunswick for services provided under the hospital services plan and to make retroactive adjustments with those hospitals and other facilities for underpayment and overpayment for services according to the cost as determined in accordance with this Act and the regulations,
(i) to control all charges made to patients by regional health authorities in New Brunswick to which payments are made under the hospital services plan,
(j) to prescribe forms necessary or desirable to carry out the intent and purposes of this Act and the regulations,
(k) to appoint medical practitioners, oral and maxillofacial surgeons and other health professionals with the duty and power to examine and obtain information from the clinical and other regional health authority records, reports and accounts of patients who are receiving or who have received entitled services,
(k.1) to appoint medical practitioners, oral and maxillofacial surgeons and other health professionals with the duty and power to examine and obtain information from the clinical and other records, reports and accounts of patients who are receiving or who have received entitled services from hospitals and other facilities outside New Brunswick,
(l) Repealed: 2002, c.1, s.12
(l.1) to appoint inspectors and other officers with the duty and power to examine and obtain information from the accounting records, books, returns, reports and audited financial statements and reports thereon of hospitals and other facilities outside New Brunswick to which payments are made directly or indirectly under the hospital services plan,
(m) to withhold payment for entitled services in respect of any person who does not, in the opinion of the Minister, medically require such services,
(n) to enter into agreements with hospitals and other facilities outside New Brunswick, and with other governments and with hospital service authorities established by other governments, for providing services under the hospital services plan, and
(o) to perform such other functions and discharge such other duties as may be prescribed from time to time by the Lieutenant-Governor in Council.
1960-61, c.11, s.4; 1967, c.47, s.1; 1992, c.52, s.16; 1992, c.78, s.1; 2002, c.1, s.12; 2003, c.21, s.2
Withholding money from regional health authority budget
4.01(1)In this section, “target fiscal year” means the 2000-2001 fiscal year unless the Lieutenant-Governor in Council prescribes another fiscal year to be the target fiscal year.
4.01(2)Where, on or after July 1, 1993, a regional health authority grants privileges to a medical practitioner who becomes engaged in a type of practice in an area of the Province during a fiscal year and the effect of that medical practitioner engaging in that type of practice in that area is to, at the time the medical practitioner becomes so engaged,
(a) cause the actual number of full time equivalents for that type of practice in that area in the fiscal year to exceed the maximum desirable level of full time equivalents established by the provincial authority for that type of practice in that area for the fiscal year or for the target fiscal year, as determined in accordance with the Medical Services Payment Act and regulations,
(b) increase the actual number of full time equivalents for that type of practice in that area in the fiscal year where the actual number of full time equivalents exceeds the maximum desirable level of full time equivalents established by the provincial authority for that type of practice in that area for the fiscal year or for the target fiscal year, as determined in accordance with the Medical Services Payment Act and regulations, or
(c) fail to reduce the actual number of full time equivalents for that type of practice in that area in the fiscal year where the actual number of full time equivalents exceeds the maximum desirable level of full time equivalents established by the provincial authority for that type of practice in that area for the target fiscal year, as determined in accordance with the Medical Services Payment Act and regulations,
the Minister may withhold money, in accordance with a formula provided in the regulations, from the operating budget of the regional health authority who grants the privileges.
4.01(3)The Minister may transfer the money withheld under this section to the operating budget of the medical services plan established under the Medical Services Payment Act.
4.01(4)Where subsection (3) conflicts with a provision in any other Act, subsection (3) prevails.
4.01(5)Notwithstanding section 8 of the Medical Services Payment Act, information with respect to payments by Medicare to a medical practitioner who has an effect described in paragraph (2)(a), (b) or (c) shall be communicated to the Minister for the purposes of withholding money under this section.
1993, c.61, s.2; 2002, c.1, s.12; 2019, c.12, s.15
Repealed
4.1Repealed: 1986, c.43, s.2
1979, c.33, s.2.1; 1983, c.38, s.2; 1986, c.43, s.2
Immunity of Crown from liability – regional health authority
5Neither the Crown in right of the Province nor the Minister is liable for any act or omission of any regional health authority official, any person on the medical staff or nursing staff of a regional health authority or any employee or agent of a regional health authority.
1960-61, c.11, s.5; 1992, c.52, s.16; 1992, c.78, s.2; 2003, c.21, s.3; 2023, c.17, s.107
Immunity of Crown from liability – hospital or other facility outside New Brunswick
5.1Neither the Crown in right of the Province nor the Minister is liable for any act or omission of an official, a member of the medical staff or nursing staff, or an employee or agent of a hospital or other facility outside New Brunswick to which payments are made directly or indirectly under the hospital services plan.
1992, c.78, s.3; 2023, c.17, s.107
Immunity of committees
5.2No action for damages or other proceeding shall be taken against any committee established under this Act or the regulations or the Medical Services Payment Act or the regulations under that Act, or any member of such committee, with respect to anything done or purported to be done in good faith by the committee or as a member of such committee, or with respect to anything omitted to be done in good faith by the committee or as a member of such committee, under this Act or the regulations.
1998, c.10, s.1
Offences and penalties – entitled services
6(1)No person shall knowingly obtain or receive entitled services that he is not entitled to obtain or receive under this Act and the regulations.
6(2)No person shall knowingly aid or abet another person to obtain or receive entitled services that such other person is not entitled to obtain or receive under this Act and the regulations.
6(3)A person who violates or fails to comply with subsection (1) or (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1960-61, c.11, s.6; 1990, c.61, s.63
Offences and penalties – obstruction
7A person who obstructs an inspector or other officer who is acting pursuant to this Act and the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1960-61, c.11, s.7; 1990, c.61, s.63
Offences and penalties – regulations
8A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1960-61, c.11, s.8; 1990, c.61, s.63
Regulations
9(1)The Lieutenant-Governor in Council may make such regulations as may be deemed necessary for the following purposes:
(a) establishing a hospital services plan;
(b) making entitled services available to all residents of the Province upon uniform terms and conditions;
(b.1) prescribing a target fiscal year;
(b.2) respecting formulas for the withholding of money from the operating budget of a regional health authority under section 4.01;
(c) approving regional health authorities for the purposes of the hospital services plan;
(c.1) approving hospitals and other facilities outside New Brunswick for the purposes of the hospital services plan;
(d) making such arrangements as are necessary to ensure that adequate standards are maintained in hospital facilities established, operated and maintained, or operated and maintained by regional health authorities;
(d.1) making such arrangements as are necessary to ensure that adequate standards are maintained in hospitals and other facilities outside New Brunswick to which payments are made directly or indirectly under the hospital services plan;
(e) providing for the admission, discipline and discharge of patients or any class of patients of regional health authorities in New Brunswick to which payments are made under the hospital services plan;
(e.01) providing for the admission, discipline and discharge of patients or any class of patients in hospitals or other facilities outside New Brunswick to which payments are made directly or indirectly under the hospital services plan;
(e.1) respecting the payment of a fee to a barrister and solicitor who makes a claim on behalf of an injured person and recovers a sum in respect of the cost of entitled services in accordance with section 10;
(f) regulating the making and renewing of contracts of insurance and pre-payment plans with residents to provide any benefits related directly or indirectly to hospitalization or to the length of time a person is hospitalized;
(g) Repealed: 1988, c.18, s.1
(g.1) prescribing the terms and conditions under which the Crown and a person who has suffered personal injuries as a result of the negligence or wrongful act of another shall share the proceeds of any recovery under subsection 10(7);
(h) defining words used in the Act for the purposes of this Act and the regulations;
(h.1) Repealed: 1986, c.43, s.3
(i) respecting any other matter necessary or advisable to carry out effectively the intent and purposes of this Act.
9(2)Any regulation may be limited in its application in time, place, persons or things, and subject to the agreement under section 2, may be retroactive in its operation.
1960-61, c.11, s.9; 1979, c.33, s.3; 1985, c.13, s.1; 1986, c.43, s.3; 1988, c.18, s.1; 1992, c.52, s.16; 1992, c.78, s.4; 1993, c.61, s.3; 2002, c.1, s.12; 2003, c.21, s.4; 2019, c.12, s.15; 2023, c.17, s.107
Subrogation
10(1)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives entitled services under this Act or the regulations, he
(a) shall have the same right to claim and to recover the cost of the entitled services against the person who was negligent or who did the wrongful act as he would have had if he, himself, had been required to pay for the entitled services, and
(b) if he makes any claim for the personal injuries suffered against the person who was negligent or who did the wrongful act, shall claim and seek to recover the cost of the entitled services.
10(2)Where under subsection (1), a person either acting for himself or on behalf of another person, recovers a sum in respect of entitled services received under this Act or the regulations, he shall as soon as practicable pay such sum recovered to the Minister.
10(3)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives entitled services under this Act or the regulations and he does not claim against the person who was negligent or who did the wrongful act, the Crown in right of the Province may maintain an action in the name of the Crown or in the name of the injured person for recovery of the cost of the entitled services.
10(4)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives entitled services under this Act or the regulations and a claim is made against the person who was negligent or who did the wrongful act but the person making the claim, either acting on his own behalf or on behalf of another person, does not
(a) claim for the cost of the entitled services,
(b) if a release is given or the claim is settled, obtain a written approval of the release or settlement in accordance with subsection (9) or (10), or
(c) pay any sum recovered in respect of the entitled services to the Minister in accordance with subsection (2),
the Crown in Right of the Province may maintain an action in the name of the Crown against the person making the claim, whether acting on his own behalf or on behalf of another person, for recovery of the cost of the entitled services.
10(5)It shall not be a defence to an action brought by the Crown under subsection (4) that a release has been given, a claim has been settled or a judgment obtained unless
(a) the claim included a claim for the cost of the entitled services, and
(b) if a release is given or the claim is settled, the Minister has under subsection (9) or (10) approved the release or settlement.
10(6)Where the Minister approves in writing a release or settlement under subsection (10), the Crown in right of the Province may continue the action or maintain an action in the name of the Crown for recovery of the cost of the entitled services.
10(7)Subject to subsection (10), where, as a result of a claim under this section
(a) the claim is settled or a judgment is obtained, and
(b) insufficient funds are available to provide complete recovery to the injured person for his losses and injuries and to pay the cost of the entitled services,
the injured person and the Crown in right of the Province shall share pro rata in proportion to their respective losses in any recovery in accordance with the terms and conditions prescribed by regulation.
10(8)No person, acting for himself or on behalf of another person, shall, without the approval in writing under subsection (9) or (10) of the Minister make a settlement of a claim based upon a cause of action for damages for personal injuries in a case where the injured person has received entitled services under this Act or the regulations unless at the same time he makes a settlement to recover the same pro rata proportion in respect of the cost of the entitled services as the injured person is to recover in respect of his losses and injuries.
10(9)No release or settlement of a claim or judgment based upon a cause of action for damages for personal injuries in a case where the injured person has received entitled services under this Act or the regulations is binding upon the Crown unless the Minister has approved the release or settlement in writing.
10(10)Notwithstanding subsection (9), where a person who makes a claim under subsection (1) has obtained an offer for a settlement whereby the same pro rata proportion of the cost of entitled services would be recovered as the injured person would recover in respect of his losses and injuries but, in the opinion of the Minister, the offer would not provide sufficient recovery in respect of the entitled services, the Minister may approve in writing a release or settlement whereby the person making a claim under subsection (1) makes a settlement of a claim in respect of his injuries or losses without making a settlement in respect of the cost of the entitled services but the written approval is not binding on the Crown in relation to a claim made under subsection (6) in respect of the cost of the entitled services.
10(11)Where a person whose negligent or wrongful act resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province and a claim made in respect of those personal injuries does not include a claim for the cost of the entitled services received by the injured person under this Act or the regulations, the liability insurer shall pay to the Minister the cost of the entitled services and payment of that amount to the Minister discharges the liability of the insurer to pay the cost of the entitled services in any subsequent claim to the insured person or any person claiming under or on behalf of the insured person.
10(12)Every liability insurer carrying on business in the Province shall provide the Minister, when requested to do so, information relating to
(a) a claim made against an insured person by a person who received entitled services under this Act or the regulations, or
(b) the terms and conditions of any settlement entered into by an insured person and a person who received entitled services under this Act or the regulations.
10(13)In an action under this section a certificate signed or purporting to be signed by or on behalf of the Minister shall be accepted by all courts
(a) as conclusive proof
(i) that the person named in the certificate has received entitled services,
(ii) that the amount recorded in the certificate is the cost of the entitled services received by the person named in the certificate, and
(iii) of the office, authority and signature of the person signing or purporting to sign the certificate, without proof of his appointment, authority or signature, and
(b) as prima facie proof that the entitled services were received in respect of the personal injuries suffered.
10(14)This section applies except where the personal injuries occurred as a result of the use or operation of a motor vehicle registered in the Province.
1960-61, c.11, s.10; 1975, c.28, s.1; 1985, c.13, s.2; 1986, c.42, s.1; 1988, c.18, s.2; 1992, c.81, s.2; 2023, c.17, s.107
Levy
10.01The Minister may, in accordance with the Insurance Act, impose a levy for the purpose of recovering the cost of the entitled services provided to persons under this Act as a result of personal injuries arising out of the use or operation of a motor vehicle registered in the Province.
1992, c.81, s.3; 2003, c.21, s.5
Payment of fee to barrister and solicitor
10.1Notwithstanding any other provision of this Act, the Minister may, in accordance with the regulations, authorize the payment of a fee to a barrister and solicitor who makes a claim on behalf of an injured person and recovers a sum in respect of the cost of entitled services in accordance with section 10.
1988, c.18, s.3
Act prevails in case of conflict
11In the event of conflict between any provision of this Act and any provision of any other Act of New Brunswick, the provision of this Act prevails.
1960-61, c.11, s.11
N.B. This Act is consolidated to June 16, 2023.