Bill 37 — Second Session, 24Th Legislature, 47 Elizabeth Ii the Legislative Assembly of Alberta Bill 37 Health Statutes Amendment Act, 1998 (Legislature 24, Session 2)

L24 S2 990

Alberta — Bills

1998 BILL 37 Second Session, 24th Legislature, 47 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 37 HEALTH STATUTES AMENDMENT ACT, 1998 THE MINISTER OF HEALTH First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 37 BILL 37 1998 HEALTH STATUTES AMENDMENT ACT, 1998 (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Health Care Insurance Act Amends RSA 1980 cA-24 1(1) The A lberta H ealth C are Insurance A ct is am ended by this section.

(2) The following is added after

section 5: Non-hospital surgical facilities 5.01(1) In this section, (a) “approved hospital” means an approved hospital under the Hospitals Act; (b) “facility services” means any of the following services provided at a non-hospital surgical facility, if the services are medically necessary and are directly related to the provision of an insured surgical service at the facility: (

i) nursing service; (ii) laboratory, radiological and other diagnostic procedures, together with the necessary

interpretations; (iii) drugs, biologicals and related preparations, when administered in the facility; (iv) use of operating room, case room and anaesthetic facilities, including necessary equipment and supplies; (

v) medical and surgical equipment and supplies; 1

Explanatory Notes Alberta Health Care Insurance Act 1(1) Amends

chapter A-24 of the Revised Statutes of Alberta 1980.

(2) Provision of insured surgical services by non-hospital surgical facilities. 1 E xplanatory N otes

(c) “insured surgical service” means a surgical service that is medically necessary and is provided by a physician; (d) “non-hospital surgical facility” means a facility at which insured surgical services, together with related facility services, are provided, but does not include (

i) an approved hospital within the meaning of the Hospitals Act, or (ii) a facility within the meaning of the Mental Health Act or a diagnostic and treatment centre established for the purposes of

section 49(

b) of the M ental Health Act.

(2) No person shall operate a non-hospital surgical facility unless (

a) the facility is accredited by the council of the College of Physicians and Surgeons of the Province of Alberta under the M edical Profession Act and by-laws to provide the insured surgical services offered by the facility, (

b) the operator of the facility has an agreement with a regional health authority to provide those insured surgical services, and (

c) the Minister has approved the agreement. Offence 5.02(1) A person who contravenes

section 5.01(2) is guilty of an offence and liable to a fine of not more than $10 000.

(2) A person who is guilty of an offence under subsection (1) is liable on conviction to pay a fine in respect of each day or part of a day on which the offence occurs and continues. Hospitals Act Amends RSA 1980 cH-11 2(1) The H ospitals A ct is am ended by this section.

(2) Section 63 is am ended (

a) in subsection (1) by striking out “subsection (2)” and substituting “subsections (1.1) and (2)”; (

b) by adding the following after subsection (1): 2

Hospitals Act 2(1) Amends

chapter H-11 of the Revised Statutes of Alberta 1980.

(2) Section 63 presently reads in part: 63(1) Subject to subsection (2), an insurer shall not make a new contract or add new members to a group contract under which a resident of Alberta is to be provided with or is to be reimbursed or indemnified for the cost of 2 E xplanatory N otes

(1.1) Subsection (1) does not apply to a contract under which a resident of Alberta is to be provided with or is to be reimbursed or indemnified for the cost of standard ward hospitalization, including authorized charges for it, provided in an auxiliary hospital. (

c) by adding the following after subsection (2): (2.1) Subsection (2)(b)(iv) does not apply in respect of hospitalization in an auxiliary hospital.

(3) The following is added after

section 67:

PART 3.1 APPROVED TREATMENT FACILITIES

Definitions 67.1 In this Part, (a) “council” means the council of the College of Physicians and Surgeons of the Province of Alberta; (b) “treatment facility” means a treatment facility other than (

i) an approved hospital, or (ii) a facility within the meaning of the Mental Health Act or a diagnostic and treatment centre established for the purposes of

section 49(

b) of the M ental Health Act. Prohibition 67.2 No person shall operate a treatment facility at which a medical service described in the regulations under

section 67.9 is provided unless the operator holds an approval under this Part. 3

(

a) standard ward hospitalization, including authorized charges for it, or (

b) any other insured services, other than authorized charges for those other services.

(2) An insurer (

a) may continue to renew all contracts in existence on July 1, 1961 and (

b) may issue a contract of insurance in respect of the cost of insured services if (

i) the contract is issued to a person who has filed a declaration under

section 18.5 of the Health Insurance Premiums Act, (ii) the contract provides insurance coverage for that person and his dependants (as defined in the regulations under that Act), (iii) the insurance coverage relates to insured services provided during a period for which his declaration is effective, and (iv) no coverage is provided in respect of the cost of authorized charges for standard ward hospitalization.

(3) Provision of medical services by treatment facilities. 3 E xplanatory N otes

Application for approval 67.3(1) An application for an approval must be made to the Minister in a form and manner acceptable to the Minister and must contain the following information: (

a) general information about the nature of the treatment facility and its location; (

b) details about the types of services to be provided and the population and geographic area that will be served by the treatment facility; (

c) a description of the extent to which the services to be provided are already available in Alberta, including the locations at which the services are available; (

d) a copy of the business plan for the operation of the treatment facility; (

e) a description of the business and professional experience of the persons who own the treatment facility and the persons who will be operating it; (

f) details about the number of professional and other staff who will be working at the treatment facility and their qualifications.

(2) The Minister may require the applicant to provide any additional information that the Minister considers to be necessary in order to deal with the application.

(3) The applicant shall provide a copy of its application and any additional information provided under subsection (2) to the council. Approval of application 67.4(1) The Minister shall not approve an application unless the Minister is satisfied that the treatment facility is accredited by the council under the M edical Profession Act and by-laws to provide the services described in the application.

(2) In deciding whether to approve an application, the Minister shall consider the following factors: (

a) the current and future need for the services to be provided by the treatment facility in the geographic area to be served by the treatment facility; (

b) the impact that the operation of the proposed treatment facility would have on the publicly funded health system in Alberta; 4

4 E xplanatory N otes

(

c) whether the public interest would be served in approving the application; (

d) any other factors the Minister considers to be relevant.

(3) The Minister may make an approval subject to any terms and conditions that the Minister considers appropriate. Cancellation of approval 67.5(1) The Minister may by notice in writing to the operator cancel an approval if (

a) the Minister is of the opinion that, since the giving of the approval, circumstances have changed with respect to any of the factors referred to in

section 67.4(2) in a manner or to an extent that the Minister considers justifies cancelling the approval, (

b) the treatment facility is operated in contravention of this Part, the regulations, the scope of the approval or a term or condition imposed under

section 67.4(3), or (

c) the Minister is advised by the council that the treatment facility is no longer accredited within the meaning of

section 67.4(1).

(2) A notice under subsection (1) is effective on the date specified in it.

(3) Except where the Minister considers an emergency to exist, the effective date of a notice under subsection (1) must be not less than 60 days after the date the notice is given.

(4) Where the operator of a treatment facility receives a notice under subsection (1), the operator shall ensure that the treatment facility ceases operation not later than the effective date specified in the notice.

(5) The Minister may reinstate an approval that has been cancelled under subsection (1)(

b) or (

c) where the Minister is satisfied that the circumstances giving rise to the cancellation have been remedied or no longer exist. Provision of information 67.6 The operator of a treatment facility that is the subject of a subsisting approval shall, on the written request of the Minister, provide to the Minister in accordance with the request the records, reports and returns that are specified in the request. 5

5 E xplanatory N otes

Inquiries and inspections 67.7 The Minister and any employee of the Government authorized by the Minister for the purpose may (

a) make inquiries into the management and affairs of a treatment facility that is the subject of a subsisting approval, and (

b) visit and inspect the treatment facility and examine records at the facility for the purpose of verifying the accuracy of records, reports and returns and ensuring compliance with this Part, the regulations and the approval and the terms and conditions to which it is subject. Offence 67.8(1) A person who contravenes

section 67.2 or 67.5(4) is guilty of an offence and liable to a fine of not more than $10 000.

(2) An operator who is guilty of an offence under subsection (1) is liable on conviction to pay a fine in respect of each day or part of a day on which the offence occurs and continues. Regulations 67.9(1) The Minister may make regulations respecting medical services for the purposes of

section 67.2.

(2) A regulation under subsection (1) may describe the services or may incorporate by reference services that are described in the by-laws of the council. (4) Subsection (3) com es into force on Proclam ation. Medical Profession Act Amends RSA 1980 cM-12 3(1) The M edical P rofession A ct is am ended by this section.

(2) Section 93(6) is repealed and the following is substituted:

(6) It is unbecoming conduct for a medical practitioner (

a) to see or treat patients in a non-hospital surgical facility referred to in

section 5.01 of the Alberta Health Care Insurance Act that is not accredited by the council under the by-laws, (

b) to see or treat patients in a treatment facility in respect of which an approval under

Part 3.1 of the Hospitals Act is required where 6

(4) Coming into force. Medical Profession Act 3(1) Amends

chapter M-12 of the Revised Statutes of Alberta 1980.

(2) Section 93(6) presently reads:

(6) It is unbecoming conduct for a medical practitioner to continue to see or treat patients in a diagnostic and treatment facility that does not have the approval of the council. 6 E xplanatory N otes

(

i) there is no such subsisting approval for the treatment facility, or (ii) the treatment facility is not accredited by the council under the by-laws, or (

c) to see or treat patients in any other diagnostic and treatment facility that is not accredited by the council under the by-laws.

(3) This

section com es into force on Proclam ation. 7

(3) Coming into force. 7 Explanatory Notes Title: 1998 (24th, 2nd) Bill 37, Health Statutes Amendment Act, 1998

Document details

Collection	Alberta — Bills
Citation	L24 S2 990
Type	bill
Volume / chapter	L24 S2 990
Language	en
Format	json
Source	PROVINCIAL
Identifier	17e51e6504defd4bbd7e5b30a0879400124e2f52

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