Acts and Regulations

H-3 - Health Services Act

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Document at 11 January 2015
CHAPTER H-3
Health Services Act
Definitions
1In this Act
“beneficiary” means a person in need as defined in the regulations;(bénéficiaire)
“entitled services” means those goods or services prescribed by the regulations and for which beneficiaries are eligible hereunder, but does not include any goods or services for which a beneficiary may be eligible under any other Act of the Legislature or of the Parliament of Canada;(services assurés)
“health services plan” means a plan established pursuant to this Act and the regulations;(régime d’assistance médicale)
“Minister” means the Minister designated by the Lieutenant-Governor in Council and includes any person designated to act on his behalf.(Ministre)
1971, c.6, s.1
Administration
2The Minister shall administer this Act and may designate persons to act on his behalf.
1971, c.6, s.2
Health services plan
3The Minister shall take such action as is necessary to establish a health services plan to provide entitled services to persons in need,
(a) that is subject in respect of its accounts and financial transactions to audit by such person as is charged by law with the audit of the accounts of the Province,
(b) that provides payment for the furnishing 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 furnished to a beneficiary while temporarily absent from the Province.
1971, c.6, s.3
Consultations respecting regulations
4Before recommending to the Lieutenant-Governor in Council any amendments to regulations made pursuant to paragraphs 11(d), (f), (g), (h), (i), (j), (m) and (p) the Minister shall consult with the professional or trade associations providing entitled services.
1971, c.6, s.4
Subrogation rights
5(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 shall have the same right to recover the cost of those services against the person guilty of the negligence or wrongful act as he would have had if he, himself, had been required to pay for the services.
5(2)Where under subsection (1), a person recovers a sum in respect of entitled services received by him under this Act or the regulations, he shall forthwith pay such sum recovered to the Province.
5(3)Her Majesty the Queen 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 rendered to that person, and an action may be maintained by Her Majesty, either in Her own name or in the name of that person, for recovery of such sum.
5(4)It shall not be a defence to an action brought by Her Majesty under subsection (3) that a claim for damages has been adjudicated upon 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 Her Majesty under subsection (3) has been adjudicated upon.
5(5)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 Her Majesty unless the Minister or a person designated by him has approved the release or settlement in writing.
5(6)Where 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 any amount referable to a claim for recovery of the cost of entitled services that would otherwise be paid to the insured person and payment of that amount to the Province discharges the liability of the insurer to pay that amount to the insured person or to any person claiming under or on behalf of the insured person.
5(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 for the purposes of this Act and the regulations as evidence of the contents thereof, and also of the office, authority and signature of the person signing, without proof of his appointment, authority or signature.
5(8)This section applies to costs for entitled services incurred after May 12, 1972.
1971, c.6, s.5
Action against Minister
6No action lies against the Minister with respect to any act or omission relating to the providing of entitled services under this Act or the regulations.
1971, c.6, s.6
Immunity from action respecting information
7Subject to section 9, no action lies against a person providing entitled services in respect of information furnished to the Minister under this Act or the regulations.
1971, c.6, s.7
Confidential information
8Every person employed in the administration of this Act shall preserve secrecy with respect to all matters that come to his knowledge in the course of his employment, and no such person shall communicate any information with respect to any such matter to any other person, except
(a) for purpose relating to the administration of this Act or as required by law,
(b) to a person providing service for any purpose relating to entitled services that he has provided, or
(c) upon the request or with the written approval of the person to whom the matter relates.
1971, c.6, s.8
Powers of Minister
8.1Notwithstanding any other provision of this Act, the Minister may, for purposes of
(a) controlling, reducing or discontinuing the inappropriate use of drugs provided as entitled services, or
(b) controlling or preventing abuses of a health services plan as it relates to drugs,
communicate to a regional health authority as defined in the Regional Health Authorities Act, medical doctor, nurse practitioner or pharmacist, subject to any terms or conditions the Minister may impose, any information furnished to the Minister under this Act or the regulations.
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
8.2(1)If section 8 is inconsistent with or in conflict with subsection 7(1) or (2) of the Right to Information and Protection of Privacy Act, section 8 prevails.
8.2(2)If section 8.1 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 8.1 prevails.
2013, c.34, s.15
Offences respecting false statements
9(1)A 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.
9(2)A person who violates or fails to comply with section 8 commits an offence punishable under Part II 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 II of the Provincial Offences Procedure Act as a category F offence.
1971, c.6, 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 such services.
1971, c.6, s.10
Regulations
11The 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 beneficiaries for the purposes of the health services plan and establishing categories of beneficiaries;
(d) defining and prescribing entitled services;
(e) determining the kinds of entitled services for which specified categories of beneficiaries shall be eligible;
(f) deeming certain kinds of services not to be entitled services;
(g) 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;
(h) providing for participation fees;
(i) prescribing the method of assessing accounts with respect to the cost of entitled services and of determining the amount payable therefor;
(j) 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 rendered and the manner and form thereof;
(k) prescribing the amounts to be paid with respect to the cost of entitled services provided
(i) in another province, or
(ii) outside Canada;
(l) respecting reimbursement to beneficiaries for entitled services for which they have paid, to the extent that no claim therefor has been made by the person supplying such services;
(m) providing that claims for payment for entitled services must be submitted within a specified time from the date on which such services were supplied, and providing for the pro rata reduction, or refusal, of such payments if the specified time period is exceeded;
(n) providing for the appointment of advisory committees and prescribing the duties of such committees;
(o) fixing the remuneration for members of committees while attending meetings or otherwise carrying out their prescribed duties;
(p) respecting appeals from anything done under this Act or the regulations and the procedure thereof; and
(q) generally for the administration of this Act.
1971, c.6, s.11
N.B. This Act is consolidated to June 21, 2013.