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NEW BRUNSWICK
REGULATION 2024-25
under the
Health Facilities Act
(O.C. 2024-91)
Filed May 2, 2024
Under section 24 of the
Health Facilities Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
General Regulation – Health Facilities Act
.
Definition of “Act”
2
In this Regulation, “Act” means the
Health Facilities Act
.
Proposed agreement
3
For the purposes of section 3 of the Act, an agreement shall include the following clauses:
(
a
)
a clause specifying the duration of the agreement;
(
b
)
a description of the services to be provided at the surgical facility, including facility services and the types of anesthesia;
(
c
)
a statement of the obligations and responsibilities of the regional health authority, including providing access to the New Brunswick Surgical Access Registry and to its policies and procedures;
(
d
)
a statement of the obligations and responsibilities of the operator, including
(i
)
ensuring compliance with
(A
)
the applicable by-laws, policies and procedures of the regional health authority,
(B
)
the policies and procedures of the New Brunswick Surgical Access Registry,
(C
)
good clinical practice regarding health care quality and patient safety procedures, and
(D
)
any clinical requirements of the regional health authority respecting surgical services,
(ii
)
hiring trained and qualified medical personnel who are compliant with their respective regulatory body requirements,
(iii
)
ensuring that surgical services are provided by a medical practitioner or an oral and maxillofacial surgeon with the necessary practice privileges,
(iv
)
providing proof of the accreditation of the surgical facility,
(v
)
providing proof that the facility’s structure, electrical and mechanical systems and any medical equipment to be used are approved or certified, which may include inspection reports, maintenance schedules, approvals or licenses necessary for the proper operation of the facility or equipment,
(vi
)
obtaining and maintaining liability insurance coverage, and
(vii
)
managing patient records and information;
(
e
)
clauses concerning privacy and security requirements; and
(
f
)
key performance measures to monitor and assess the surgical services provided by the operator.
Patient records
4
The operator of a funded surgical facility shall ensure that
(
a
)
the health records of a patient who receives a funded surgical service are integrated in a timely manner into the health records of the regional health authority with which the operator has an agreement, and
(
b
)
the funded surgical service provided is recorded in the regional health authority’s information systems.
Statement on provision of additional medical goods or services
5
(1)
For the purposes of paragraph 7(2)(b) of the Act, the written statement shall include the following:
(
a
)
the patient’s name and Medicare number;
(
b
)
the name of the surgical facility where the funded surgical service will be provided;
(
c
)
the name of the medical practitioner or oral and maxillofacial surgeon who will be providing the funded surgical service;
(
d
)
a description of the funded surgical service that will be provided;
(
e
)
a statement that
(i
)
the provision of the additional medical goods or services is in accordance with generally accepted medical practices,
(ii
)
the additional medical goods or services are not medically required according to generally accepted medical practices, and
(iii
)
the additional medical goods or services are not entitled services as defined in the
Medical Services Payment Act
;
(
f
)
the rationale for prescribing the additional medical goods or services, including an explanation of the potential effects, benefits and risks associated with the provision or use of the additional medical goods or services;
(
g
)
the cost to the patient of the additional medical goods or services with a description of how the cost is calculated;
(
h
)
a space for the patient to sign to consent in writing to receive and to pay for the additional medical goods or services;
(
i
)
a statement that the patient may revoke consent to receive and to pay for the additional medical goods or services at any time before the patient is provided with the goods or services and shall receive a full refund within 30 days after the revocation;
(
j
)
a space for the patient to sign to revoke consent;
(
k
)
the name and telephone number of a person to contact in the event the patient revokes consent to receive and to pay for the additional medical goods or services;
(
l
)
a statement by the person who met with the patient declaring that the person
(i
)
reviewed and explained the contents of the written statement with the patient, and
(ii
)
is of the opinion that the patient appeared to understand the content reviewed;
(
m
)
an acknowledgement from the patient that the patient understands the written statement and that the written statement was provided at least 72 hours before the scheduled start of the funded surgical service.
5
(2)
The written statement shall be signed by both the patient and the person providing the funded surgical service, and a copy shall be provided to the patient upon signing.
Revocation of consent
6
(1)
For the purposes of subsection 7(5) of the Act, consent to receive and to pay for additional medical goods or services is revoked
(
a
)
by the patient signing in the space provided to revoke consent in the written statement referred to in paragraph 7(2)(b) of the Act or on any other document that indicates the patient revokes consent, or
(
b
)
when it is impracticable or impossible for the patient to revoke consent in writing, by the patient revoking consent orally to a nurse, medical practitioner, oral and maxillofacial surgeon or member of the administrative staff of the surgical facility.
6
(2)
The operator shall return to the patient any money paid for the additional medical goods or services within 30 days after the consent was revoked.
Annual performance report
7
No later than 60 days after each anniversary date of an agreement under section 3 of the Act, the operator shall submit to the Minister and the regional health authority with which the operator has an agreement an annual performance report containing the following information:
(
a
)
the number of funded surgical services provided at the surgical facility, arranged by service type;
(
b
)
a summary statement, prepared in accordance with generally accepted accounting principles, of any additional medical goods or services and non-medical goods or services provided at the surgical facility in connection with funded surgical services, describing
(i
)
the number of additional medical goods or services and non-medical goods or services provided, arranged by type, and
(ii
)
the revenues associated with each type of additional medical goods or services and non-medical goods or services.
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