Bill 46 — Second Session, 30Th Legislature, 69 Elizabeth Ii the Legislative Assemb Ly of Alberta Bill 46 Health Sta Tutes Amendment Act, 2020 (No. 2) (Legislature 30, Session 2)

L30 S2 11885

Alberta — Bills

2020 Bill 46 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLATIVE ASSEMB LY OF ALBERTA BILL 46 HEALTH STA TUTES AMENDMENT ACT, 2020 (NO. 2) THE MINISTER OF HEALTH First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 46 BILL 46 2020 HEALTH STATUTES AMENDMENT ACT, 2020 (NO. 2) ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1 ABC Benefits Corporation Act Amends RSA 2000 cA-1 1 The ABC Benefits Corporation Act is amended by this Part. 2 The title and

chapter number of the Act are repealed and the following is substituted: ALBERTA BLUE CROSS ACT

Chapter A-14.15 Consequential Amendments Amends RSA 2000 cA-15 3 The Alberta Corporate Tax Act is amended in

section 86(1)(d)(iv) by striking out “ABC Benefits Corporation Act” and substituting “Alberta Blue Cross Act”.

1 Explanatory Notes Explanatory Notes

Part 1 ABC Benefits Corporation Act 1 Amends

chapter A-1 of the Revised Statutes of Alberta 2000. 2 The Act title and

chapter number currently read: ABC BENEFITS CORPORATION ACT

Chapter A-1 Consequential Amendments 3 Amends

chapter A-15 of the Revised Statutes of Alberta 2000.

Section 86(1)(d)(iv) presently reads:

2 Amends RSA 2000 cA-20 4 The Alberta Health Care Insurance Act is amended in

section 1(

a) by striking out “ABC Benefits Corporation Act” and substituting “Alberta Blue Cross Act”.

Part 2 Health Facilities Act Amends RSA 2000 cH-2.7 5 The Health Facilities Act is amended by this Part. 6

Section 0.1 is amended (

a) in clause (f)(

x) by striking out “under the Hospitals Act” and substituting “under

Part 2.1”; (

b) in clause (

k) by striking out “means” and substituting “means, except in

Part 2.1,”; (

c) in clause (m)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1”.

2 Explanatory Notes 86(1) In this Part, (d) “insurer” means any person that undertakes, or agrees or offers for valuable consideration to undertake or effect, a contract of insurance, and includes (iv) the ABC Benefits Corporation under the ABC Benefits Corporation Act, 4 Amends

chapter A 20 of the Revised Statutes of Alberta

Section 1(

a) presently reads: 1 In this Act, (a) “ABC Benefits Corpora tion” means the ABC Benefits Corporation continued under the ABC Benefits Corporation Act;

Part 2 Health Facilities Act 5 Amends

chapter H-2.7 of the Revised Statutes of Alberta 2000. 6

Section 0.1 presently reads in part: 0.1 In this Act, (f) “facility services” means any of the following services that are medically necessary and are directly related to the provision of a surgical service at a chartered surgical facility or a surgical facility referred to in

section 16: (

x) transportation by ambulance or commercial vehicle of a patient from the surgical facility to an approved hospital under the Hospitals Act, a nursing home, a mental health facility or another surgical facility; (k) “physician” means a regulat ed member of the College of Physicians and Surgeons of Alberta who holds a practice permit issued under the Health Professions Act; (m) “public hospital” means

3 7 The following is added after

section 20:

Part 2.1 Hospitals

Definitions 20.1 In this Part, (a) “Appeal Board” means th e Hospital Privileges Appeal Board established under

section 20.26; (b) “approved hospital” means a hospital designated by the Minister as an approved hospital pursuant to Division 2; (c) “auxiliary hospital” means a hospital for the treatment of long term or chronic illnesses, diseases or infirmities; (d) “board of management” me ans a board of management referred to in

section 20.13; (e) “council” means (

i) in the case of a city, town, village or municipal district , its council, (ii) in the case of an improvement district, the Minister responsible for the Municipal Government Act, (iii) in the case of a special area, the Minister responsible for the Special Areas Act, and (iv) in the case of a national park, its superintendent; (f) “general hospital” means a hospital providing diagnostic services and facilities for medical or surgical treatment in the acute phase for adults and children and obstetrical care, or any of them; (g) “health region” means a hea lth region established under the Regional Health Authorities Act;

3 Explanatory Notes (

i) a hospital that is established by or under, or the establishment or operation of which is governed by, the Hospitals Act, the Regional Health Authorities Act or the Workers’ Compensation Act, or 7

Part 2.1 Hospitals.

4 (h) “hospital” means an institution operated for the care of diseased, injured, sick or mentally disordered people; (i) “included municipality” means a municipality the whole or a part of which is included in a health region; (j) “municipality” means a city, town, village, summer village , municipal district, improvement district and special area; (k) “non-regional hospital” means a hospital that is owned or operated by a person other than a regional health authority; (l) “nursing home” means a nursing home as defined in the Nursing Homes Act; (m) “physician” means (

i) with reference to medical s ervices provided in Alberta, a person registered as a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act authorized to use the title “physician” who holds a practice permit issued under that Act, and (ii) with reference to medical services provided in a place outside Alberta, a person lawfully entitled to practise medicine or osteopathy in that place; (n) “resident of Alberta” mean s a person entitled by law to reside in Canada who makes the person’s home and is ordinarily present in Alberta, but does not include a tourist, transient or visitor to Alberta.

Reference to Hospitals Act 20.11 In any enactment or in any other legal instrument, a reference to the Hospitals Act is to be construed as a reference to this Part and a reference to any provision of the Hospitals Act is to be construed as a reference to the provision of this Part relating to the same subject matter as the provision of the Hospitals Act. Division 1 Non-regional Hospitals Plan for hospital facilities 20.12(1) On the request of the owner of a non-regional hospital that serves a health region, or on the request of the regional health

4 Explanatory Notes

5 authority, the Minister may cause a plan to be prepared for the use of the services of the non-regional hospital by the regional health authority and for the integration of the operation, management and financing of all hospitals serving the health region.

(2) On being satisfied that a plan prepared pursuant to subsection (1) meets the needs of the regional health authority and the owners of the non-regional hospitals and serves the interests of the residents of the health region, the Minister may, by order, declare the plan to be in force in the health region.

(3) After consultation with the regional health authority and the owners of non-regional hospitals who are parties to a plan prepared pursuant to this section, the Minister, by order, (

a) may amend the plan, and (

b) may, on reasonable notice in writing to the parties, terminate the plan.

(4) An order terminating a plan under subsection (3) may contain any provisions the Minister considers necessary (

a) to provide for the disposition of assets and property; (

b) to provide for the assumption of liabilities and obligatio ns; (

c) to facilitate the winding up of the plan. Board of management 20.13(1) A plan under

section 20.12 may require the establishment of a board of management for a non-regional hospital consisting of members appointed by the regional health authority and a greater number of members appointed by the owner of the non-regional hospital.

(2) On the coming into force of a plan under

section 20.12 that requires a board of management for a non-regional hospital, the board of management (

a) is on that coming into fo rce constituted as a corporation with the name and membership given in the plan and with the powers, objects and duties necessary for it to operate and administer the affairs of the hospital, except the power to

5 Explanatory Notes

6 dispose of the real and personal property of the non-regional hospital, and (

b) becomes the governing board of the hospital and has full control of the hospital and has absolute and final authority and responsibility in respect of all matters appertaining to the operation of the hospital, subject to any limitations on its authority imposed by statute or the regulations or the plan. Regulations 20.14 The Lieutenant Governor in Council may make regulations to carry out the intent of this Division and, without restricting the generality of the foregoing, may make regulations to (

a) govern the manner of appointment, including nomination of members of boards of management; (

b) subject to the Local Authorities Election Act and the regulations under that Act, govern the qualifications for membership and conditions of disqualification from membership, terms of office, procedure for filling vacancies, and other matters pertaining to members of boards of management; (

c) govern the election of offi cers, fixing quorums, times of meetings, books and records to be kept, reports and returns to be made, travelling and expense allowances to be paid and other matters pertaining to the organization of boards of management and the management of their affairs; (

d) prescribe the manner in which boards of management may borrow money and fix the rate of interest on it, fix the terms of borrowing and the periods of borrowing; (

e) prescribe conditions that must be contained in or that app ly to plans prepared pursuant to

section 20.12 and other matters that are relevant to the relationship between regional health authorities and the owners of non-regional hospitals; (

f) prescribe any procedures relating to the provision of financial assistance to a board of management or the owner of a non-regional hospital by a regional health authority pursuant to a plan under

section 20.12.

6 Explanatory Notes

7 Minister acting instead of municipality 20.15 When under this Part

an act or thing is directed to be done forthwith or within a specified time by an included municipality or by a council of it or by a regional health authority or board of management or by an officer of one of those bodies and the act or thing is not done, the Minister may do the act or thing with the same effect as if it had been done by that body. Dismissal of board members 20.16(1) The Minister by order may for cause dismiss the members of a board of management and appoint an official administrator in their place.

(2) An official administrator appointed under this

section (

a) has the powers and authorities conferred by this Part on a board of management, (

b) shall perform all the duties of a board of management, and (

c) shall be paid the salary the Minister determines together with proper expenses, as an operating expense of the regional health authority.

(3) The Minister may by order terminate at any time the appointment of an official administrator and restore the affairs of the board of management to an authority selected pursuant to the regulations. Division 2 Operation of Approved Hospitals

Definitions 20.17 In this Division, (a) “administrator” means the person who is the most senior official in the administrative organization of a hospital and is responsible for the day to day operation and management of the affairs of the hospital; (b) “Associations” means Th e Alberta Medical Association (C.M.A. Alberta Division), the College and Association of Registered Nurses of Alberta, the Alberta College of

7 Explanatory Notes

8 Pharmacy and any professi onal association that is representative of a group of employees or of professional staff or medical staff of a hospital; (c) “board” means the corporate body or person that owns or operates a hospital, and includes a regional health authority; (d) “medical staff” means the physicians appointed by a board to serve as the medical staff of a hospital or hospitals owned or operated by the board; (e) “patient” means a person who is admitted to the hospital a s an in-patient or as an out-patient for diagnosis or treatment services, or both; (f) “professional staff” means pr ofessional staff as defined in the regulations.

Governing board 20.18(1) Each approved hospital must have a governing board and, subject to any limitations of its authority imposed by Acts of the Legislature and regulations under them, the board has full control of that hospital and has absolute and final authority in respect of all matters pertaining to the operation of the hospital.

(2) A board may be the board of more than one approved hospital. Bylaws 20.19(1) The board of each approved hospital shall enact general bylaws governing the organization, management and operation of the hospital that it owns or operates.

(2) The board or the administrator shall send to the Minister a true copy of all general bylaws enacted including all amendments, variations or repeals.

(3) General bylaws enacted by a board shall provide for the adoption of rules that may govern the duties and responsibilities of the administrator and other hospital staff, the detailed organization and administration of hospital departments and any other matters the board considers to be necessary or desirable.

8 Explanatory Notes

9 Board is final authority 20.2 The board has final authority in respect of the appointment of the medical staff of the approved hospitals it owns or operates. Access to hospital facilities 20.21 The board may grant physicians and other health care practitioners access to hospital facilities on any terms and conditions set out in the medical staff bylaws, the general bylaws or any contract for services or employment. Responsibility of medical staff 20.22 The medical staff of an approved hospital is responsible to the board (

a) for the quality of the professional services provided by t he medical staff, (

b) for reviewing professional practices of the medical staff, (

c) for the improvement of the care of patients under the care of the medical staff, and (

d) for the clinical and scientif ic work of the medical staff. Hospital services utilization committee 20.23(1) The general bylaws of a board shall provide for the establishment of a committee to be called the “hospital services utilization committee” and may prescribe the powers and duties of that committee.

(2) The hospital services utilization committee of an approved hospital, in addition to its powers and duties under the general bylaws of the board, (

a) shall conduct a review of a continuing nature of the utilization of all hospital services, and (

b) is entitled to require from the board and its employees any information the committee reasonably requires for the purposes of its duties and access to the relevant records of the board for those purposes.

9 Explanatory Notes

10 Protection to hospital staff review committee 20.24(1) No action for defamation lies against any member of a hospital staff review committee in respect of (

a) advice given or statements, decisions or recommendations made in good faith to the board of an approved hospital by the committee, or (

b) anything done or omitted to be done by the member in good faith in the exercise of powers or performance of duties given to the committee by this Part, the regulations or the bylaws of the board or of the medical staff.

(2) In this section, “hospital staff review committee” means a committee appointed by the board of an approved hospital or by the medical staff (

a) to evaluate and control clinical practice in the hospital on a continuing basis for the purpose of maintaining and improving the safety and quality of patient care, or (

b) to perform any functions in relation to the appraisal and control of the quality of patient care in the hospital. Medical staff bylaws 20.25(1) The board of an approved hospital (

a) shall require the preparation and adoption of bylaws by it s medical staff governing the organization and conduct of the medical staff practising in the hospital and the procedures whereby the medical staff must make recommendations to the board concerning the appointment, re-appointment, termination or suspension of appointment of, and the delineation of hospital privileges of, members of the medical staff; (

b) may from time to time require the amendment or repeal of the bylaws of the medical staff.

(2) Bylaws under this

section are ineffective until they have been approved by the board and the Minister.

(3) Where the board and the medical staff agree on the contents of bylaws under this section, the board shall send a true copy of the

10 Explanatory Notes

11 bylaws signed by the appropriate officers of the medical staff and of the board to the Minister for approval.

(4) Where the board and the medical staff cannot agree on the contents of bylaws under this section, the board shall refer the draft bylaws and the matters in dispute to the Minister, whose decision is final, and the medical staff shall adopt the bylaws and the board shall approve them in accordance with the Minister’s decision.

(5) The board and the medical staff may make independent written representations to the Minister on the matters in dispute.

(6) Bylaws under this

section must provide for (

a) the adoption of rules governing the day to day management of medical affairs in the hospital and the amendment or replacement of those rules from time to time as the need arises, and must provide that the rules become effective only on their approval by the board; (

b) a procedure for the review of decisions made by the medica l staff or the board pertaining to or affecting the privileges of members of the medical staff; (

c) a procedure to ensure that all applications for appointmen t to the medical staff reach the board in the time prescribed in the bylaws, whether or not the appointment is recommended by the medical staff; (

d) a procedure to ensure that the board gives notice to an applicant for an appointment to the medical staff within a reasonable time of the decision of the board as to whether the application has been accepted; (

e) mechanisms to ensure that th e board considers medical staff input respecting patient care and that medical staff have input into strategic planning, community needs assessment, facility use management and quality assurance activities of the board; (

f) mechanisms to promote ethi cal behaviour, evidence-based decision making and participation in continuing medical education by medical staff.

11 Explanatory Notes

(7) The board and the medical staff shall comply with bylaws under this section. Hospital Privileges Appeal Board 20.26(1) There is hereby established the Hospital Privileges Appeal Board consisting of the following members appointed by the Minister: (a) 2 physicians; (

b) one member of The Law Society of Alberta or of the judiciary; (

c) one person who has signifi cant public sector administration experience at a senior level as determined by the Minister; (

d) one member of the College and Association of Registered Nurses of Alberta; (e) 2 other persons.

(2) The Minister shall designate one of the members to be chair.

(3) In the event of the absence or inability to act of the chair, the members of the Appeal Board may elect one of the members to be chair during the absence or inability to act.

(4) No vacancy on the Appeal Board impairs the right of the remaining members to act until any vacancy is filled.

(5) The members of the Appeal Board may be paid remuneration for their services and allowances for the expenses necessarily incurred by them in the performance of their duties at rates fixed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(6) A member of the Appeal Board may be appointed for a term of up to 3 years and may be reappointed for additional terms each not exceeding 3 years. Rules re hearings 20.27(1) The Appeal Board may make rules not inconsistent with this Part governing the hearing of appeals.

12 Explanatory Notes

(2) Three members then holding office, at least one of whom must be a member appointed under

section 20.26(1)(a), (

b) or (d), constitute a quorum at a hearing of the Appeal Board.

(3) A party to an appeal to the Appeal Board may be represented by counsel at the hearing of the appeal.

(4) The Appeal Board has, for the purposes of an appeal under

section 20.29, the powers, privileges and immunities conferred on a commissioner under sections 3 and 4 of the Public Inquiries Act. Deemed decision not to re-appoint 20.28(1) For the purposes of an appeal under

section 20.29, if a board does not re-appoint a member of its medical staff who has applied for re-appointment to the medical staff, it is deemed to have made a decision not to so re-appoint that member.

(2) For the purposes of subsection (1) and

section 20.29, a regulated member of the Alberta Dental Association and College who has or who has had privileges in a hospital is deemed to be a member or former member of the medical staff. Appeal to Appeal Board 20.29(1) A member or former member of the medical staff of an approved hospital who feels personally aggrieved by a decision of the board of the approved hospital (

a) not to re-appoint the member or former member as a member of the medical staff or to re-appoint the member or former member with different hospital privileges than those that the member or former member had immediately prior to the re-appointment, (

b) terminating or suspending (

i) the member’s or former member’s appointment as a member of the medical staff, or (ii) the member’s or former member’s hospital privileges, o r (

c) varying the member’s or former member’s hospital privileges,

13 Explanatory Notes

14 may appeal the decision by giving written notice of appeal to the Appeal Board within 90 days after receiving notice of the board’s decision.

(2) The Appeal Board on hearing an appeal under this

section may, by order, either (

a) confirm the decision of the board, (

b) direct that the former member be re-appointed to the medical staff or that the member’s hospital privileges on re-appointment be varied, (

c) direct the reinstatement of (

i) the former member’s appointment as a member of the medical staff, or (ii) the member’s hospital privileges, (

d) remove or vary the suspension, or (

e) direct that the member’s hospital privileges be varied.

(3) A person whose appeal is heard by the Appeal Board, or the board, may appeal an order of the Appeal Board on a matter of law only by filing an application with the Court of Queen’s Bench within 30 days after being notified in writing of the order, and the Court may make any order that the Appeal Board may make under subsection (2) or may refer the matter back to the Appeal Board with any directions that the Court considers appropriate. Model bylaws 20.3(1) After consultation with the Associations, the Minister may prescribe (

a) model general bylaws for the guidance of boards of approved hospitals, and (

b) model bylaws of the medi cal staff for the guidance of physicians practising in an approved hospital and for the guidance of the board of an approved hospital.

(2) In respect of model bylaws prescribed under subsection (1), the Minister may designate that the bylaws are applicable to all

14 Explanatory Notes

15 approved hospitals or to any type, grade or size-group of approved hospitals the Minister may specify.

(3) If model bylaws are prescribed pursuant to this section, the Minister may, by order, direct (

a) that bylaws of the same or like effect must be enacted by the board or must be prepared and adopted by the medical staff and approved by the board, as the case may be, in respect of all approved hospitals or in respect of the type, grade or size group of approved hospitals to which the model bylaws have been designated as applicable, and (

b) that true copies of the bylaws and amendments shall be sen t to the Minister within 6 months of the date of publication of the Minister’s order.

(4) The approval of a bylaw by the Minister may be withdrawn at any time by notice in writing to the board of the hospital and, on that withdrawal, the bylaw for which approval has been withdrawn ceases to have effect. Administrator 20.31 The board of each approved hospital shall appoint an administrator and shall appoint or shall cause to be appointed, as the bylaws or regulations may require, any other officers and employees required for the efficient operation of the hospital and shall prescribe their duties, remuneration and other terms of employment.

Records of treatment 20.32(1) The board of each approved hospital shall cause to be kept by the attending physician or any other person providing diagnostic or treatment services to a patient a record of the diagnostic and treatment services provided in respect of each patient in order to assist in providing a high standard of medical care.

(2) Except as permitted or required under this Part, a board or employee of a board, the Minister or a person authorized by the Minister or a physician may disclose health information obtained from hospital records or from persons having access to them only in accordance with the Health Information Act.

15 Explanatory Notes

(3) For the purposes of assessing the standards of care furnished to patients, improving hospital or medical procedures, compiling medical statistics, conducting medical research, enforcing the Crown’s right of recovery under Division 5, or for any other purpose considered by the Minister to be in the public interest, the Minister, or a person authorized by the Minister, may require that all or any of the following be sent to the Minister or authorized person or a person designated by the Minister or authorized person: (

a) health information and other records of any patient; (

b) extracts from and copies of any health information or othe r records of any patient.

(4) The Minister or any person authorized by the Minister may, for the purpose of enforcing the Crown’s right of recovery under Division 5, disclose information obtained under subsection (3).

(5) A board or employee of a board, the Minister or a person authorized by the Minister, or a physician or a member of a professional staff may, without the written consent of a patient, disclose health information relating to the patient to (

a) a Workers’ Compensation Board, (

b) the Alberta Blu e Cross Plan, or (

c) any other provincial hospital insurance authority, if the information is required in order to establish responsibility for payment by the organization or insurer, or to any other hospital to which the patient may be transferred or admitted or to other attending physicians or attending professional staff.

(6) The following applies with respect to disclosing records of diagnostic and treatment services in respect of a patient: (

a) the Minister may, for the purposes mentioned in subsection (3) and without the consent of any other person, disclose to or obtain from (

i) the Director of Medical Services appointed under the Occupational Health and Safety Act,

16 Explanatory Notes

17 (ii) The Alberta Medical Association (C.M.A. Alberta Division), (iii) the Department of Health (Canada) for purposes in connection with the Canada Health Act (Canada), or (iv) the government of a province or territory of Canada or an agent of that government for purposes in connection with any health services or hospital care insurance plan administered by that government or its agent, any records of diagnostic and treatment services provided in respect of a patient in an approved hospital; (

b) the board of an approved hospital shall, after the dischar ge of a patient from the hospital for the purpose of transferring the patient to another hospital or nursing home inside or outside Alberta, forward to that other hospital or nursing home copies of the appropriate records of diagnostic and treatment services provided in respect of that patient for the use of the staff of that other hospital or nursing home; (

c) the board of an approved hospital may disclose any record s of diagnostic and treatment services provided in respect of a patient (

i) to a Public Guardian, i f the diagnosis, record or information is, in the opinion of the person making the disclosure, relevant to the making of a guardianship order, or (ii) to the Public Trustee, i f the diagnosis, record or information is, in the opinion of the person making the disclosure, relevant to the making of a trusteeship order under the Adult Guardianship and Trusteeship Act in respect of the person to whom the diagnosis, record or information relates; (

d) the board of an approved hospital may disclose any records of diagnostic and treatment services provided in respect of a patient to a board of review appointed pursuant to the Criminal Code (Canada) that is to review the case of the person to whom the records relate.

17 Explanatory Notes

(7) The board of an approved hospital may, in accordance with subsections (8) and (9), disclose to an authorized person information respecting diagnostic and treatment services provided to or in respect of a patient.

(8) Information may be disclosed under subsection (7) only if it is needed for a preliminary investigation, a discipline proceeding or a practice review conducted pursuant to a professional Act.

(9) Information may be disclosed under subsection (7) only if (

a) an officer of an associatio n regulated by a professional Act makes a written request for it and the patient or the patient’s legal representative consents to the disclosure, or (

b) the disclosure is made by a member of the board of the approved hospital in compliance with a notice, issued pursuant to a professional Act, to attend as a witness or produce documents.

(10) For the purposes of subsections (7), (8), (9) and this subsection, (a) “authorized person” mean s a person or body that is authorized by a professional Act to conduct a preliminary investigation, a discipline proceeding or a practice review; (b) “professional Act” means

an Act that regulates a profession.

(11) An Appeal Board is entitled, for the purpose of an appeal under

section 20.29, to inspect and make copies of any health information or other records relating to a patient and may admit a copy of the health information or other records in evidence of the appeal, but all proceedings related to the health information or other records must be held in private.

(12) In this section, (a) “health information” means health information as defined i n the Health Information Act; (b) “legal representative” means an executor or administrator of the estate of a deceased person, the guardian or trustee of a

18 Explanatory Notes

19 represented adult under the Adult Guardianship and Trusteeship Act, the agent designated in a personal directive made by a person in accordance with the Personal Directives Act or the guardian of a minor; (c) “mentally competent” means able to understand the subject-matter in respect of which consent is requested and able to appreciate the consequences of giving or refusing consent. Information to Minister 20.33(1) The board of an approved hospital shall on the written request of the Minister provide to the Minister at the times and in the manner specified in the request the records, reports and returns that are specified in the request.

(2) Subject to subsection (3), the council of a municipality that is included in a health region may, if the regional health authority appoints members to a board of management, require the board of management to send to the council a copy of the minutes of each of the meetings of the board of management.

(3) A board of management shall remove from any copy of minutes sent to a council under subsection (2) any portion of those minutes pertaining to personal matters affecting an individual employee of the board or any matter affecting the diagnosis or treatment of an individual patient, where the name of the employee or patient is revealed or is otherwise identifiable in the minutes.

Inquiry re management 20.34 The Minister and employees of the Government authorized by the Minister for the purpose may make all necessary inquiries into the management and affairs of hospitals, may visit and inspect hospitals and may examine hospital records for the purpose of verifying the accuracy of reports and ensuring that this Part and the regulations under this Part are adhered to. Investigation or mediation committee 20.35(1) When the Minister is requested to do so by the board of an approved hospital, the Minister may authorize (

a) an investigation into the a dministration or operation of the hospital or any particular matter or problem that has arisen

19 Explanatory Notes

20 in connection with the administration or operation of the hospital, or (

b) the mediation of any dispute that has arisen in the course of the administration or operation of the hospital.

(2) When the Minister authorizes an investigation or mediation proceedings pursuant to subsection (1), the Minister may designate any person or entity to conduct or participate in the investigation or mediation proceedings.

(3) Where the Minister designates one or more Associations to conduct or participate in an investigation or mediation proceedings, the governing body of each designated Association shall appoint one or more of the Association’s members to the committee that is to conduct the investigation or mediation proceedings and shall inform the Minister accordingly.

(4) The committee consisting of the person or persons appointed pursuant to this

section (

a) shall elect one of their numb er as chair, if there are 2 or more members on the committee, (

b) shall conduct the investigation or mediation proceedings authorized by the Minister, and (

c) is entitled to require from the board and its employees all information the committee reasonably requires for the purpose of the investigation or mediation proceedings and is entitled to access to the relevant records of the board for that purpose.

(5) On the completion of the investigation or mediation proceedings, the committee shall prepare a report on it and submit a copy of the report to the board concerned, the Minister and the persons and entities designated pursuant to subsection (2).

(6) No action lies against any person or entity designated pursuant to subsection (2) or against any member of a committee constituted under this

section in respect of (

a) any advice given or statements made in the committee’s report, or

20 Explanatory Notes

21 (

b) anything done or omitted to be done by the committee or any member of the committee in good faith in the course of conducting the investigation or mediation proceedings. Regulations 20.36(1) The Lieutenant Governor in Council may make regulations (

a) regarding the approval of the locations, design and construction of hospitals and the conditions under which approval will be granted; (

b) prescribing the standards of service to be provided by approved hospitals; (

c) prescribing the admission policies of approved hospitals a nd the types of patients that may be admitted; (

d) concerning the establishment and operation of schools, centres or other facilities for the education or training of nurses or other hospital staff; (

e) concerning the disposal of human tissues, whether removed during an operation, autopsy or otherwise; (

f) prescribing the powers and duties of boards concerning the appointment, re-appointment, suspension and termination of appointment and the delineation of hospital privileges of members of medical staffs; (

g) defining “professional staff” for the purposes of this Division; (

h) prohibiting a board or board of management from using any of its funds to pay a physician for providing insured services, as defined in the Alberta Health Care Insurance Act, without the prior approval of the Minister; (

i) prescribing procedures for the mediation of a decision of a board of an approved hospital to refuse the appointment of a physician to its medical staff; (

j) governing the use of out-patient hostels or hostel beds instead of in-patient beds in approved hospitals;

21 Explanatory Notes

22 (

k) governing the establishment of central placement offices f or admission to an auxiliary hospital or a nursing home; (

l) concerning any other matters that in the opinion of the Lieutenant Governor in Council are necessary in order to carry out the purposes of this Division.

(2) The Minister may, by order, (

a) determine which hospitals o ffer a standard of service that qualifies them as approved hospitals and declare them to be approved hospitals, and (

b) direct, regulate and contro l any other matters that may be required by this Part or the regulations under this Part. Committee of inquiry 20.37(1) The Minister may appoint a committee of inquiry to which or to any member or members of which a question respecting the conduct or management of an approved hospital may be referred for the purpose of making an inquiry into the affairs of the hospital and reporting on it to the Minister.

(2) The committee, or any member or members, to whom a question is referred have all the powers of a commissioner appointed under the Public Inquiries Act.

(3) The member or members of the committee shall receive any remuneration that may be fixed by the Minister. Liability for hospital charges 20.38(1) When hospital, medical or other services are provided by a board to a person, (

a) if the person is a minor a nd is unmarried and is not an adult interdependent partner, that person and that person’s parents or guardians and their respective executors and administrators are liable to the board of the hospital for the payment of all proper charges for any services so provided; (

b) if the person is an adult, that person and the spouse or a dult interdependent partner, if any, of that person and their respective executors and administrators are liable to the board of the hospital for the payment of all proper charges for any services so provided;

22 Explanatory Notes

23 (

c) if that person is a minor and married or in an adult interdependent relationship, that person and the spouse or adult interdependent partner of that person and their respective executors and administrators are liable to the board of the hospital for the payment of all proper charges for any services so provided; (

d) if the person or any other person signs an agreement, admission form or other document assuming responsibility for the payment of charges as a result of which act the admission of the patient to the hospital is gained or hospital services are obtained, the person or persons who sign the document and their respective executors and administrators, notwithstanding the Guarantees Acknowledgment Act, are liable to the board of the hospital for the payment of all proper charges for any services so provided.

(2) Notwithstanding subsection (1), a spouse or adult interdependent partner is not liable to pay for hospital charges incurred by the other spouse or adult interdependent partner (

a) if the other spouse or adult interdependent partner has deserted the spouse or adult interdependent partner and has not contributed to the spouse’s or adult interdependent partner’s support for at least 6 months immediately preceding the hospitalization, (

b) if the spouses are legally separated from each other, or (

c) if the spouses or adult inte rdependent partners are living separate and apart and a spouse or an adult interdependent partner, as the case may be, has not contributed to the other spouse’s or adult interdependent partner’s support for at least 6 months immediately preceding the hospitalization.

(3) In this section, “proper charges” means the charges for services not provided as insured services under Division 3 or charges for the payment of which patients are liable pursuant to Division 3 or the regulations.

(4) The board of a hospital may recover from any person liable for the payment of it, in a court of competent civil jurisdiction as a debt, the amount of any charges for the payment of which a person is made liable by this section.

23 Explanatory Notes

24 Discharge or transfer of patients 20.39(1) Subject to subsections (2) and (3), the Minister or the board or administrator of an approved hospital may (

a) declare that a patient is no longer in need of the services provided by that hospital or of the services provided in a particular ward,

section or unit of that hospital, and is eligible for transfer or discharge; (

b) move the patient (

i) to another type of accommodation or to another ward,

section or unit of that hospital, (ii) to another approved hospital, or (iii) to a nursing home or other accommodation.

(2) The Minister may act under subsection (1) on the basis of reports of the attending physician or the attending professional staff and the hospital records.

(3) The board or administrator may act under subsection (1) only after the board or administrator has consulted with the attending physician or the attending professional staff or a committee established to consider matters referred to in subsection (1).

(4) Any patient who has been declared eligible for transfer or discharge as provided in this

section and who refuses or fails to move or to leave when requested to do so is a trespasser.

(5) Any other person who remains on hospital premises without the consent of the board or of a representative of the board and who fails or refuses to leave the premises when ordered to do so is a trespasser. Removal of discharged patients 20.4(1) When a patient has been declared eligible for discharge under

section 20.39(1), the board or a representative of the board may require that the removal of that patient be effected by (

a) any person made liable for the payment of hospital service s in respect of the patient pursuant to

section 20.38, or

24 Explanatory Notes

25 (

b) the Minister of Community and Social Services in the case of a patient who is a tourist, transient or visitor in Alberta.

(2) The administrator may by registered mail notify the person responsible for the removal of a patient to remove the patient from the hospital within 10 days from the date of receipt of notification.

(3) The administrator shall send a copy of any notice given pursuant to subsection (2) to the local welfare officer, the Department of Community and Social Services and the Minister.

(4) A person referred to in subsection (1)(

a) who fails to comply with a notice given pursuant to subsection (2) is guilty of an offence and liable to a fine of not more than $50 and in default of payment to imprisonment for a term not exceeding 10 days.

(5) Notwithstanding any other Act, a person referred to in subsection (1)(

a) who fails to comply with a notice given pursuant to subsection (2) is liable to pay to the board of the hospital or to the Minister, the cost of caring for the patient from the date of the mailing of the notice; the cost to be calculated by multiplying the number of days during which the patient remained in the hospital subsequent to that date by the daily rate for non-eligible patients that is currently in effect under Division 3 or the regulations.

(6) In the event of a dispute arising between a person referred to in subsection (1)(

a) and a board in respect of this section, the matter may be referred to the Minister by the person or the board, and the Minister’s decision on the matter is final. Registration of births, stillbirths and deaths 20.41 The board of an approved hospital, in respect of each birth, stillbirth and death that occurs in the hospital, and where burial permits in respect of a stillbirth or death are issued by the hospital, shall ensure that the documents required under the Vital Statistics Act are completed and delivered to the Registrar of Vital Statistics in accordance with that Act.

Notice of board appointments 20.42 The board of each approved hospital shall forward to the Minister the names and postal addresses of (

a) in the case of the board of a non-regional hospital, the members of the board and its officers;

25 Explanatory Notes

26 (

b) the administrator of the hospital; (

c) any other officers or empl oyees of the board that the Minister may from time to time require, immediately on the election or appointment of those persons. Withholding of grants 20.43 If the board of an approved hospital fails to comply with this Part or the regulations under this Part, the Minister may suspend or adjust any grants or payments to which the hospital may be entitled under this Part until the board complies with this Part or the regulations under this Part. Division 3 Hospitalization Benefits Plan

Definitions 20.44 In this Division, (a) “approved operating costs” means the portion of costs of operating hospitals met by the hospitalization plan; (b) “authorized charges” means authorized charges as defined in the regulations; (c) “beneficiary” means a pers on who receives insured services under this Division; (d) “capital costs” includes th e annual amount of principal and interest on debentures or loans as approved; (e) “group contract” means a co ntract of insurance whereby 2 or more persons other than members of the same family are insured severally under a single contract of insurance; (f) “insured services” means th e hospital services the operating costs of which will be provided for under this Division; (g) “insurer” means an insurer licensed under the Insurance Act; (h) “standard ward hospitalization” means the following services to in-patients:

26 Explanatory Notes

27 (

i) accommodation and meals at the standard or public ward level; (ii) necessary nursing services; (iii) laboratory, radiological a nd other diagnostic procedures, together with the necessary

interpretation, for the purpose of maintaining health, preventing disease and assisting in the diagnosis and treatment of any injury, illness or disability; (iv) drugs, biologicals and related preparations when administered in a hospital; (

v) use of operating room, case room and anaesthetic facilities, including necessary equipment and supplies, where available; (vi) routine surgical supplies; (vii) use of radiotherapy facilities, where available; (viii) use of physical therapy facilities, where available; (ix) services rendered by p ersons who receive remuneration for those services from the hospital. Insured services 20.45(1) The insured services to be provided under this Division shall be those furnished (

a) by an approved hospital of the patient’s choice, and (

b) by any other institutions or persons that are prescribed i n the regulations.

(2) The insured services to be provided under this Division shall include (

a) standard ward hospitalization in an approved hospital, and (

b) any other goods and servi ces that are prescribed in the regulations.

27 Explanatory Notes

28 Entitlement to insured services 20.46(1) Subject to the following exclusions, a resident of Alberta is entitled to receive insured services under this Division except when, in respect of those services, (

a) the resident is entitled to receive hospital services pursuant to any workers’ compensation statute of any province or territory, (

b) the resident is entitled to receive hospital services under any statute of Canada or of any province or territory of Canada, or (

c) the resident is declared, pu rsuant to Division 2, to be not in need of hospital services.

(2) Notwithstanding subsection (1), a resident of Alberta is not entitled to receive insured services (

a) if the resident is regist ered under

Part 1.1 of the Alberta Health Care Insurance Act but has filed a declaration under

section 28.33 of that Act or is a dependant of that person and to whom the declaration extends and applies and the services are provided during a period in which the declaration is effective, or (

b) if the insured services are provided during a waiting peri od applicable to the resident and prescribed by the regulations.

(3) For the purposes of this section, the registration of a person under

Part 1.1 of the Alberta Health Care Insurance Act shall be accepted as proof, in the absence of evidence to the contrary, that the resident is a resident of Alberta.

(4) Notwithstanding anything in this or any other Act, no person shall, in an emergency, be refused admission to an approved hospital or be refused the provision of any services by an approved hospital by reason only of the fact that the person is not entitled to receive insured services. Recovery of cost of services 20.47 When hospital services are provided to a person who has filed a declaration under

section 28.33 of the Alberta Health Care Insurance Act, or to a dependant of that person, during a period in which the declaration is effective, the board of the approved

28 Explanatory Notes

29 hospital is entitled to recover the cost of those services only from the person filing the declaration, and no part of those costs shall be shared by the Government of Alberta. Payment for insured services 20.48 Nothing in this Division is to be construed to prevent a person who does not desire to receive insured services as provided pursuant to this Division from assuming the entire responsibility for the payment of the costs of the person’s hospital services.

Operating costs 20.49 Approved hospital operating costs shall be shared between the patients and the Government of Alberta on a basis that is to be set out in the regulations.

Debentures 20.5(1) When pursuant to any regulations, provision is made for the payment of sums for capital costs to the owners of approved hospitals, the Minister may in accordance with the regulations undertake to provide the sums required by making any payments or part of them of principal and interest on specified debentures or of any rentals or part of them or otherwise as may be required in the circumstances, either to the approved hospital or to its assignee or agent as agreed on by the hospital and the Minister.

(2) An undertaking by the Minister under this

section may be endorsed on any debentures of the approved hospital to which the undertaking applies or on any instrument of lease or conveyance of the property of the approved hospital and the signature of the Minister and the endorsement may be engraved, lithographed or otherwise mechanically reproduced on it. Regulations 20.51 The Lieutenant Governor in Council may make regulations (

a) prescribing the basis on which the Minister may make contracts with hospitals, other than approved hospitals, for the provision of standard ward hospitalization or other services to be furnished to patients as insured services under this Division; (

b) prescribing the goods and services for the purpose of sect ion 20.45(2)(b);

29 Explanatory Notes

30 (

c) prescribing the institutions and persons for the purpose o f

section 20.45(1)(b); (

d) respecting the amounts payable by the Government of Alberta in respect of goods and services provided to a resident of Alberta outside Alberta that if provided in Alberta would be insured services; (

e) respecting a

schedule of fees for goods and services provided to a person not entitled to receive insured services; (

f) respecting the disposition of fees that are authorized under clause (

e) and are charged for goods and services provided to non-residents of Canada; (

g) prescribing the waiting pe riod, not exceeding 3 months, for a person who is or becomes a resident of Alberta and during which that person is not entitled to be provided with insured services; (

h) prescribing the basis on which approved operating costs an d capital costs of hospitals are determined; (

i) prescribing the rates and manner of payment by the Ministe r of the Minister’s share of the operating and capital costs of hospitals and the manner of accounting by hospitals for those payments; (

j) providing for the payment of sums for capital costs to the owners of approved hospitals in Alberta including the payment of sums required under approved lease-back arrangements; (

k) defining “authorized charges”; (

l) respecting the basis of sharing the operating costs of hospitals between the Minister, patients and other persons using hospital facilities, the assessment and collection of authorized charges and charges for accommodation and meals where hostel accommodation is provided, and exemptions from those charges; (

m) providing for the payment by the Minister of all or any pa rt of the authorized charges on behalf of patients suffering from specific diseases or conditions;

30 Explanatory Notes

31 (

n) providing for the imposition of penalties in the way of suspension or cancellation of payments that may be imposed on an approved hospital that gives incorrect information to the Minister, or that withholds from the Minister information that the approved hospital is required by this Part or the regulations under this Part to supply; (

o) prohibiting or regulating changes in existing services or educational programs in approved hospitals or the introduction of new services or educational programs in approved hospitals; (

p) prohibiting or regulating the sale, lease or other disposition of real and personal property by a board of an approved hospital, other than a regional health authority; (

q) concerning any other matter considered necessary to carry out the purposes and objects of this Division. Group contracts 20.52(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 (

a) standard ward hospitalization, including authorized charge s 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 insu rance in respect of the cost of insured services if (

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

section 28.33 of the Alberta Health Care Insurance Act,

31 Explanatory Notes

32 (ii) the contract provides insurance coverage for that person and that person’s dependants as defined in the regulations under that Act, (iii) the insurance coverage r elates to insured services provided during a period for which the person’s declaration is effective, and (iv) no coverage is provided in respect of the cost of authorized charges for standard ward hospitalization.

(3) A contract made in contravention of subsection (1) or that does not comply with subsection (2)(

a) or (

b) is void. Agreements 20.53 The Minister may on behalf of the Government of Alberta enter into an agreement with the Government of Canada providing for the making of contributions by Canada to Alberta in respect of the costs incurred by Alberta in providing insured services to Indians residing in Indian reserves in Alberta. Penalty 20.54 A person who contravenes this Division or the regulations under this Division is guilty of an offence and liable to a fine of not more than $1000 and in default of payment to a term of imprisonment not exceeding one year.

Use of word “hospital” 20.55 No owner or operator of an institution for the care of diseased, mentally disordered, injured or sick people shall describe the institution or permit it to be described as a hospital or use or permit the use of the word “hospital” in the name of the institution unless the institution (

a) is an approved hospital, or (

b) is owned or operated by the Crown or an agent of the Crown. Division 4 Hospital Foundations

Definitions 20.56 In this Division, (a) “board” means a board as def ined in

section 20.17, but does not include

32 Explanatory Notes

33 (

i) a provincial health board under the Regional Health Authorities Act, (ii) a regional health authority; (b) “foundation”, except in

section 20.66, means a foundation established under this Division. Establishment, status and composition 20.57(1) A board may by bylaw establish a hospital foundation.

(2) A bylaw establishing a foundation on or after March 29, 1985 has no effect until a certified copy of the bylaw is filed with the Minister.

(3) A foundation, on its establishment, is a corporation.

(4) A foundation consists of the following, who are the trustees of the foundation: (

a) the chair of the board, (b) 2 other persons who are members of and are-appointed trustees by the board, and (c) 2 persons who (

i) are residents of Alberta, (ii) are not members of the board, and (iii) are appointed trustees by the board.

(5) Appointments referred to in subsection (4)(

b) and (

c) shall be made for terms not exceeding 3 years. Chair 20.58 The trustees shall appoint a chair of the foundation from among themselves. Bylaws and frequency of meetings 20.59(1) The trustees may make bylaws governing the procedure and business of the foundation, including the expenses referred to in

section 20.63(2).

33 Explanatory Notes

(2) Notwithstanding subsection (1), the trustees shall meet at least once a year on a date that, unless fixed by the bylaws, is to be fixed by the chair of the trustees. Objects 20.6 The objects of a foundation are (

a) to solicit and receive by gi ft, bequest, devise, transfer or otherwise, property of every nature and description, (

b) subject to any prior trust conditions imposed on the use o f the property, to hold, use and administer the property generally for maintaining and enhancing hospital care for the people of the community served by the hospitals administered by the board, and, in particular, to finance or assist in the financing of the construction, equipping, operation, maintenance and management of those hospitals or facilities forming part of those hospitals, and (

c) to further health care education in that community. Transfer of property to board 20.61 A foundation may, subject to any prior trust conditions, transfer any of its property to the board on any terms that it considers expedient. Transfer of board property 20.62 Except as provided by regulation, a board may not transfer any of its property to a foundation. Payments to trustees 20.63(1) The payment of any dividend or remuneration out of the funds of a foundation to any of the trustees is prohibited.

(2) A trustee may be reimbursed out of the funds of a foundation for the travelling and living expenses provided for in the bylaws that are necessarily incurred by the trustee in the performance of the trustee’s duties. Fiscal year and annual report 20.64(1) The fiscal year of a foundation is April 1 to the following March 31.

34 Explanatory Notes

(2) At the end of the fiscal year a foundation shall prepare and submit to the Minister an annual report that shall include the audited financial statements and any other statements and reports that the Minister may require. Non-application of Loan and Trust Corporations Act 20.65 Notwithstanding anything in the Loan and Trust Corporations Act, a foundation shall not be considered to be a trust corporation for the purposes of that Act. Prohibitions against establishing and operating hospital foundations 20.66(1) A board shall not establish a hospital foundation except in accordance with this Division.

(2) No person shall operate a hospital foundation established to benefit a general or auxiliary hospital, including any corporation established before March 29, 1985, to receive, hold, administer and apply any property or the income from it for purposes or objects in connection with a hospital, unless exempted by the Minister subject to any terms and conditions the Minister prescribes. Winding-up 20.67(1) In the event of the winding-up of a foundation, the property of the foundation must be used (

a) first, in the payment of any costs incurred in the winding -up of the foundation, (b) 2nd, in the discharge of all liabilities of the foundation, and (c) 3rd, to give effect, as far as possible, to any outstandin g applicable trust conditions, and the balance, if any, shall be disposed of in accordance with the regulations.

(2) A regulation under subsection (1) must not be inconsistent with any trust condition under which the property is held. Regulations 20.68 The Lieutenant Governor in Council may make regulations

35 Explanatory Notes

36 (

a) respecting the types and amounts of property that a board may transfer to a foundation and the circumstances under which that property may be transferred; (

b) subject to

section 20.67, governing the winding-up of a foundation. Consequential Amendments and Repeal Amends RSA 2000 cA-18 8 The Alberta Evidence Act is amended in

section 9(1)(b)(i)(

D) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cA-20 9 The Alberta Health Care Insurance Act is amended (

a) in

section 11(2) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 22(7)(

j) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”.

36 Explanatory Notes Consequential Amendments and Repeal 8 Amends

chapter A-18 of the Revised Statutes of Alberta 2000.

Section 9(1) presently reads in part: 9(1) In this section, (b) “quality assurance co mmittee” means a committee, commission, council or other body that has as its primary purpose the carrying out of quality assurance activities and that is (

i) appointed by (

D) the board of an approved hospital under the Hospitals Act, or 9 Amends

chapter A-20 of the Revised Statutes of Alberta 2000.

Section 11(2) and 22(7)(

j) presently read: 11(2) Subsection (1) does not prohibit the charging or collecting of an amount paid for non-insured health or pharmaceutical goods or services where the charging or collecting of that amount is not otherwise prohibited under this Act or the Hospitals Act and a physician or dentist reasonably determines that it is necessary to provide the non-insured health or pharmaceutical goods or services before the insured service is provided. 22(7) The Minister or a person employed in the administration of this Act and authorized by the Minister may disclose information pertaining to the date on which health services were provided and a description of those services, the name and address of the person who provided the services, the registration number of the person who received the services, the benefits paid for those services and the person to whom they were paid, but the information may be disclosed only (

j) to the Hospital Privileges Ap peal Board established under the Hospitals Act for the purposes of an appeal to that Board, or

37 Amends RSA 2000 cC-12 10 The Child, Youth and Family Enhancement Act is amended in

section 109(1)(

b) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cF-9 11 The Fatality Inquiries Act is amended in

section 21(3)(

b) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cF-25 12 The Freedom of Information and Protection of Privacy Act is amended in

section 1(g)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cG-10 13 The Government Organization Act is amended (

a) in

section 1(1)(b)(

i) of

Schedule 7 by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 5 of

Schedule 11 by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”.

37 Explanatory Notes 10 Amends

chapter C-12 of the Revised Statutes of Alberta 2000.

Section 109(1) presently reads in part: 109(1) Notwithstanding

Part XXII of the Criminal Code (Canada), the Court may issue a subpoena requiring (

b) a board under the Hospitals Act or the board’s designate, 11 Amends

chapter F-9 of the Revised Statutes of Alberta 2000.

Section 21(3) presently reads in part:

(3) Notwithstanding any other Act, regulation or other law, a medical examiner is entitled to inspect and make copies of any diagnosis, record or information relating to (

b) a patient under the Hospitals Act. 12 Amends

chapter F-25 of the Revised Statutes of Alberta

Section 1 presently reads in part: 1 In this Act, (g) “health care body” means (

i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is (

A) owned or operated by a regional health authority under the Regional Health Authorities Act, or 13 Amends

chapter G-10 of the Revised Statutes of Alberta 2000.

Section 1(1)(b)(

i) of

Schedule 7 and

section 5 of

Schedule 11 presently read: 1(1) In this section, (b) “health board” means (

i) the owner of a non-regional hospital as defined in the Hospitals Act; 5 The Minister may, on request, acquire supplies on behalf of, or provide services to, approved hospitals as defined in the Hospitals Act, schools, post-secondary educational institutions, municipalities, Metis settlements and any organizations that carry out services or programs on behalf of the Government.

38 Amends RSA 2000 cH-2 14 The Health Disciplines Act is amended in

section 2(4)(a)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cH-5 15 The Health Information Act is amended in

section 1(1) (

a) in clause (a)(i ii) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in clause (f)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cH-7 16 The Health Professions Act is amended (

a) in

section 51(1)(

a) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 119(1)(b)(ii) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

c) in

section 12(2)(

a) of

Schedule 7 by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

d) in

section 10(2)(

c) of

Schedule 20 by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”;

38 Explanatory Notes 14 Amends

chapter H-2 of the Revised Statutes of Alberta 2000.

Section 2(4)(a)(

i) presently reads in part:

(4) Nothing in this Act shall be construed to affect or restrict (

a) the right of a person who operates (

i) an approved hospital as defined in the Hospitals Act, to prescribe the duties, whether in accordance with a collective agreement or otherwise, of the person’s employees who are registered members of a designated health discipline, or 15 Amends

chapter H-5 of the Revised Statutes of Alberta 2000.

Section 1(1) presently reads in part: 1(1) In this Act, (a) “affiliate”, in relation to a custodian, means (iii) a health services provider who is exercising the right to admit and treat patients at a hospital as defined in the Hospitals Act, (f) “custodian” means (

i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is 16 Amends

chapter H-7 of the Revised Statutes of Alberta 2000.

Section 51(1), 119(1), 12(2) of

Schedule 7, 10(2) of

Schedule 20 and 8.1(2) of

Schedule 21 presently read in part: 51(1) In this section, “publicly funded facility” means an institution or facility where professional services are provided and that (

a) is an approved hospital as defined in the Hospitals Act, a nursing home as defined in the Nursing Homes Act, a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a diagnostic or treatment centre made available under

section 49(

b) of the Mental Health Act, a facility as defined in

section 1(1)(f.1)(ii) and (iii) of the Protection for Persons in Care Act or an institution or facility operated by or approved by the Minister of Health, or

39 (

e) in

section 8.1(2)(

a) of

Schedule 21 by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2003 cI-0.5 17 The Income and Employment Supports Act is amended in

section 8 of the

Schedule (

a) in clause (a)(iv) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in clause (b)(iv) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”.

39 Explanatory Notes 119(1) If under

Part 2 or

Part 4 a regulated member’s practice permit is suspended or cancelled, or if conditions are imposed on a regulated member’s practice permit or a direction is made under

section 118(4), the registrar (

b) must provide the information (ii) to a hospital if the regulated member is a member of the hospital’s medical staff or professional staff, as defined in the Hospitals Act, 12(2) Subject to the Health Facilities Act, subsection (1) does not apply to (

a) a hospital that is established by or under, or the establishment or operation of which is governed by, the Hospitals Act, the Regional Health Authorities Act or the Workers’ Compensation Act, or 10(2) Subsection (1) does not apply to a regulated member of the Physiotherapy Alberta College + Association employed by (

c) an approved hospital as defined in the Hospitals Act, 8.1(2) Unless the Minister directs otherwise, subsection (1) does not apply with respect to a prescribed health service provided in (

a) an approved hospital within th e meaning of the Hospitals Act, 17 Amends

chapter I-0.5 of the Statutes of Alberta,

Section 8 of the

Schedule presently reads in part: 8 The maximum monthly core shelter payment that may be provided to a barriers to full employment household unit or an expected to work or working household unit is (

a) under

section 5.1(2)(

a) of this Act, (iv) if the household unit lives in a hospital or nursing home, the monthly accommodation charge for that facility under the Hospitals Act or the Nursing Homes Act, (

b) under

section 5.1(2)(

b) of this Act, (iv) if the household unit lives in a hospital or nursing home, the monthly accommodation charge for that facility under the Hospitals Act or the Nursing Homes Act,

40 Amends RSA 2000 cL-1 18 The Labour Relations Code is amended (

a) in

section 48(1)(

d) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 95.2(1)(

a) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

c) in

section 96(1)(

c) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2019 cL-20.8 19 The Local Authorities Capital Financing Act is amended in

section 1(1)(b) (

a) in subclause (

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in subclause (ii) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2018 cL-22 20 The Long Term Care Information Act is amended (

a) in

section 1 (

i) in clause (

c) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (ii) in clause (f)(ii) by striking out “Part 2 of the Hospitals Act” and substituting “Part 2.1, Division 2 of the Health Facilities Act”;

40 Explanatory Notes 18 Amends

chapter L-1 of the Revised Statutes of Alberta 2000. Sections 48(1), 95.2(1) and 96(1) presently read in part: 48(1) In this section, “governing body” means (

d) the owner or operator of a non-regional hospital as defined in the Hospitals Act, or 95.2(1) This Division applies to the following: (

a) employers who operate approved hospitals as defined in the Hospitals Act, all the employees of those employers and the bargaining agents for those employees; 96(1) Subject to subsections (2), (3) and (4), this Division applies, notwithstanding any other provision of this Act, to (

c) employers who operate approved hospitals as defined in the Hospitals Act and all the employees of those employers, 19 Amends

chapter L-20.8 of the Statutes of Alberta, 2019.

Section 1(1) presently reads in part: 1(1) In this Act, (b) “health authority” means (

i) a non-profit corporation, other than a regional health authority, that owns an approved hospital under the Hospitals Act, (ii) a non-profit corporation, other than a regional health authority, that owns a mental health hospital under the Hospitals Act, 20 Amends

chapter L-22 of the Statutes of Alberta, 2018. Sections 1 and 2(1) presently read in part: 1 In this Act, (c) “auxiliary hospital” has the meaning given to it in the Hospitals Act; (f) “operator” means (ii) a board, as defined in

Part 2 of the Hospitals Act, of an auxiliary hospital;

41 (

b) in

section 2(1) (

i) in clause (

h) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (ii) in clause (

j) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (iii) in clause (

k) by striking out “section 27 of the Hospitals Act” and substituting “section 20.35 of the Health Facilities Act”. Amends RSA 2000 cM-13 21 The Mental Health Act is amended (

a) in

section 1(1)(c)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 17(

b) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

c) in

section 18(2) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

d) in

section 53(2) by striking out “the Hospitals Act or the regulations under that Act” and substituting “Part 2.1 of the Health Facilities Act or the regulations under that Part”.

41 Explanatory Notes 2(1) Within 12 months of the coming into force of this Act, the Minister shall establish a publicly accessible online registry to disseminate information with respect to each auxiliary hospital and nursing home in Alberta, which, subject to the regulations, includes the following: (

h) date on which the operator’s facility was established, suspended or dissolved pursuant to the Nursing Homes Act or the Hospitals Act, as the case may be; (

j) description of the accreditation status of the operator’s facility under the Nursing Homes Act or the Hospitals Act, as the case may be; (

k) results of any inspections conducted under

section 12 of the Nursing Homes Act or any investigations conducted under

section 27 of the Hospitals Act, if any; 21 Amends

chapter M-13 of the Revised Statutes of Alberta 2000. Sections 1, 17, 18 and 53 presently read in part: 1(1) In this Act, (c) “board” means (

i) the board of an approved hospital under the Hospitals Act that is designated in whole or in part as a facility, 17(1) In this section, (b) “diagnostic and treatment centre” or “centre” means a place established by the Minister pursuant to

section 49(1)(

a) or (

b) and includes a facility that is not an approved hospital under the Hospitals Act and a hospital under the jurisdiction of a provincial health board under the Regional Health Authorities Act; 18(2) Nothing in this

section or

section 19 abrogates or restricts the authority conferred on a board by the Hospitals Act or any other Act. 53(2) If there is a conflict between the regulations under subsection (1)(

d) and the Hospitals Act or the regulations under that Act, the regulations under subsection (1)(

d) prevail.

42 Amends SA 2018 cM-13.2 22 The Mental Health Services Protection Act is amended in

section 1(

k) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cM-22 23 The Motor Vehicle Accident Claims Act is amended in

section 10(6)(

c) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cM-26 24 The Municipal Government Act is amended in

section 596(1)(

b) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cN-7 25 The Nursing Homes Act is amended in

section 10(2) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”.

42 Explanatory Notes 22 Amends

chapter M-13.2 of the Statutes of Alberta,

Section 1 presently reads in part: 1 In this Act, (k) “residential addiction treatm ent services” means services provided to individuals who have an addiction in which overnight accommodation is provided for all or part of the duration of the services and includes, without limitation, withdrawal management services, but does not include services provided in an approved hospital as defined in the Hospitals Act or services provided by a person or service provider exempted by the regulations; 23 Amends

chapter M-22 of the Revised Statutes of Alberta 2000.

Section 10(6) presently reads in part:

(6) From the amount payable to a person as calculated in accordance with this

section there shall be deducted (

c) any amount paid or payable for and on behalf of the applicant under the Hospitals Act, and 24 Amends

chapter M-26 of the Revised Statutes of Alberta 2000.

Section 596(1) presently reads in part: 596(1) The taxes and all other revenues collected on behalf of an improvement district may be expended under the direction of the Minister (

b) to pay requisitions made under the Education Act, the Hospitals Act and the Regional Health Authorities Act, 25 Amends

chapter N-7 of the Revised Statutes of Alberta 2000.

Section 10(2) presently reads:

(2) The regional health authority may enter into an agreement with the board of an approved hospital as defined in the Hospitals Act for the provision of nursing home care to eligible residents in the hospital and for the payment of benefits to the board in the amounts agreed to and to authorize the board to charge eligible residents the accommodation charge.

43 Amends RSA 2000 cP-13 26 The Pharmacy and Drug Act is amended in

section 1(1)(j)(

i) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2009 cP-29.1 27 The Protection for Persons in Care Act is amended in

section 1(1)(m)(ii) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2005 cP-27.5 28 The Protection of Children Abusing Drugs Act is amended in

section 9 (

a) in subsection (1)(

c) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in subsection (3) by striking out “the Hospitals Act,” and substituting “Part 2.1 of the Health Facilities Act or under the”. Amends RSA 2000 cP-30.3 29 The Protection of Sexually Exploited Children Act is amended in

section 6.5 (

a) in subsection (1) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in subsection (3) by striking out “the Hospitals Act,” and substituting “Part 2.1 of the Health Facilities Act or under the”.

43 Explanatory Notes 26 Amends

chapter P-13 of the Revised Statutes of Alberta 2000.

Section 1(1) presently reads in part: 1(1) In this Act, (j) “institution pharmacy” means a pharmacy that is operated by (

i) an approved hospital as defined in the Hospitals Act, 27 Amends

chapter P-29.1 of the Statutes of Alberta, 2009.

Section 1(1) presently reads in part: 1(1) In this Act, (m) “service provider” means (ii) an approved hospital as defined in the Hospitals Act, 28 Amends

chapter P-27.5 of the Statutes of Alberta,

Section 9 presently reads in part: 9(1) Notwithstanding

Part XXII of the Criminal Code (Canada), the Court may issue a subpoena requiring (

c) a board under the Hospitals Act,

(3) If as the result of the issuing of a subpoena under subsection (1) a person is required to produce any documents, records or other information that is otherwise confidential under the Hospitals Act, Mental Health Act or Public Health Act, the documents, records or other information must be dealt with in accordance with this section. 29 Amends

chapter P-30.3 of the Revised Statutes of Alberta

Section 6.5 presently reads in part: 6.5(1) Notwithstanding

Part XXII of the Criminal Code (Canada), the Court may issue a subpoena requiring a board under the Hospitals Act or the Chief Medical Officer under the Public Health Act, or the designate of either of them, to produce any documents, records or other information they possess or control that may relate to the proceedings before the Court with respect to a child.

(3) If as the result of the issuing of a subpoena under subsection (1) a person is required to produce any documents, records or other information that is otherwise

44 Amends RSA 2000 cP-37 30 The Public Health Act is amended (

a) in

section 1(1)(

t) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

b) in

section 37(2)(

a) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cP-39 31 The Public Inquiries Act is amended in

section 7(2)(b)(ii) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends RSA 2000 cR-10 32 The Regional Health Authorities Act is amended (

a) in

section 11.1(2) by striking out “Section 24 of the Hospitals Act” and substituting “Section 20.32 of the Health Facilities Act”; (

b) in

section 18 by striking out “Parts 2 and 3 of the Hospitals Act” and substituting “Part 2.1, Divisions 2 and 3 of the Health Facilities Act”; (

c) in

section 23 (

i) in subsection (1)(

r) by striking out “Parts 2 and 3 of the Hospitals Act” and substituting “Part 2.1, Divisions 2 and 3 of the Health Facilities Act”;

44 Explanatory Notes confidential under the Hospitals Act, Mental Health Act or Public Health Act, the documents, records or other information must be dealt with in accordance with this section. 30 Amends

chapter P-37 of the Revised Statutes of Alberta 2000. Sections 1(1) and 37(2) presently read in part: 1(1) In this Act, (t) “hospital” means an approved hospital as defined in the Hospitals Act; 37(2) On the recommendation of the Minister, the Lieutenant Governor in Council (

a) may order a board of an approved hospital as defined in the Hospitals Act to provide isolation or quarantine accommodation in the amount and manner prescribed in the order, and 31 Amends

chapter P-39 of the Revised Statutes of Alberta 2000.

Section 7(2) presently reads in part:

(2) In this section, (b) “public building” includes (ii) an approved hospital under the Hospitals Act, 32 Amends

chapter R-10 of the Revised Statutes of Alberta 2000. Sections 11.1(2), 18 and 23 presently read in part:

(2) Section 24 of the Hospitals Act does not apply to information in the cancer registry. 18 Except as otherwise provided in the regulations, Parts 2 and 3 of the Hospitals Act apply in respect of a mental health hospital within the meaning of the regulations. 23(1) The Lieutenant Governor in Council may make regulations (

r) respecting the application of Parts 2 and 3 of the Hospitals Act for the purposes of

section 18;

(2) The Lieutenant Governor in Council may make regulations providing for the continuance of

45 (ii) in subsection (2)(

a) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”. Amends SA 2017 cR-16.7 33 The Resident and Family Councils Act is amended (

a) in

section 1 (

i) in clause (

a) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (ii) in clause (h)(iii) by striking out “Part 2 of the Hospitals Act” and substituting “Part 2.1, Division 2 of the Health Facilities Act”; (

b) in

section 5(

l) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”; (

c) in

section 6 (

i) in subsection (7) (

A) in clause (

a) by striking out “section 26 of the Hospitals Act” and substituting “section 20.34 of the Health Facilities Act”; (

B) in clause (

b) by striking out “section 26 of the Hospitals Act” and substituting “section 20.34 of the Health Facilities Act”; (ii) in subsection (8) by striking out “section 26 of the Hospitals Act” and substituting “section 20.34 of the Health Facilities Act”. Amends SA 2009 cS-23.5 34 The Supportive Living Accommodation Licensing Act is amended in

section 2(2)(

b) by striking out “the Hospitals Act” and substituting “Part 2.1 of the Health Facilities Act”.

45 Explanatory Notes (

a) existing foundations establis hed under the Hospitals Act in cases where the order or enactment establishing the hospital board is rescinded or repealed and the hospital is located in a health region under this Act, 33 Amends

chapter R-16.7 of the Statutes of Alberta, 2017. Sections 1, 5 and 6 presently read in part: 1 In this Act, (a) “auxiliary hospital” means an auxiliary hospital as defined in the Hospitals Act; (h) “operator”, (iii) in respect of a residential facility referred to in clause (m)(iii), means the board, as defined in

Part 2 of the Hospitals Act, of the auxiliary hospital, or 5 An operator must (

l) following every inspection of the residential facility under this Act, the Nursing Homes Act, the Supportive Living Accommodation Licensing Act, the Hospitals Act or the regulations, provide information to residents and their families regarding the results of the inspection, including by posting a notice in a conspicuous place in the facility describing the results and by providing copies of the notice to residents, their families and any other person on request. 6(7) The Minister may, in respect of an auxiliary hospital, (

a) do anything referred to in

section 26 of the Hospitals Act, or (

b) authorize employees referred to in

section 26 of the Hospitals Act to do anything referred to in that section,

(8) The Minister or, subject to the terms of the employee’s authorization, an employee authorized under subsection (7)(

b) may, for the purposes of ensuring compliance with this Act and the regulations, do anything referred to in

section 26 of the Hospitals Act in respect of a residential facility that is an auxiliary hospital. 34 Amends

chapter S-23.5 of the Statutes of Alberta, 2009.

Section 2(2) presently reads in part;

(2) This Act does not apply to (

b) an approved hospital or an auxiliary hospital under the Hospitals Act,

46 Amends SA 2007 cV-4.1 35 The Vital Statistics Act is amended (

a) in

section 1(1)(

l) by striking out “section 9(

a) of the Hospitals Act” and substituting “section 20.17(

a) of the Health Facilities Act”; (

b) in

section 4 (

i) in subsection (3) by striking out “section 1 of the Hospitals Act” and substituting “section 20.1 of the Health Facilities Act”; (ii) in subsection (3.1) by striking out “section 1 of the Hospitals Act” and substituting “section 20.1 of the Health Facilities Act”. Repeal 36 The Hospitals Act, RSA 2000 cH-12, is repealed.

Part 3 Health Information Act Amends RSA 2000 cH-5 37 The Health Information Act is amended by this Part. 38

Section 11(2)(

b) is amended by striking out “practice review” and substituting “practice visit”.

46 Explanatory Notes 35 Amends

chapter V-4.1 of the Statutes of Alberta, 2007. Sections 1(1) and 4 presently read in part: 1(1) In this Act, (l) “hospital administrator” me ans the administrator who is responsible for the day to day operation and management of the affairs of a hospital as defined in

section 9(

a) of the Hospitals Act; 4(3) If a birth takes place in a hospital as defined in

section 1 of the Hospitals Act and the hospital administrator is satisfied that a notice of birth will not be completed and delivered under subsection (1) or (2), the notice must be completed and delivered to the Registrar by or on behalf of the hospital administrator in accordance with the regulations.

(3.1) If a birth does not take place in a hospital as defined in

section 1 of the Hospitals Act and the hospital administrator is satisfied that the birth occurred in Alberta, a notice of birth may be completed and delivered to the Registrar by or on behalf of the hospital administrator in accordance with the regulations. 36 Repeals

chapter H-12 of the Revised Statutes of Alberta 2000.

Part 3 Health Information Act 37 Amends

chapter H-5 of the Revised Statutes of Alberta 2000. 38

Section 11(2) presently reads in part:

(2) A custodian must refuse to disclose health information to an applicant (

b) if the health information se ts out procedures or contains results of an investigation, a discipline proceeding, a practice review or an inspection relating to a health services provider,

47 39

Section 22(2) is amended by adding the following after clause (g): (

h) where disclosure of the information is authorized by an enactment of Alberta or Canada. 40

Section 23 is repealed and the following is substituted: Use of device to collect health information 23 A custodian that collects health information from an individual using any device that may not be visible to the individual must, before collecting the health information, obtain the written consent of the individual to use the device. 41

Section 27(1) is amended (

a) in clause (

c) by striking out “practice reviews” and substituting “practice visits”; (

b) in clause (d)(

i) by striking out “proposal” and substituting “proposed research protocol”. 42

Section 30 is amended by renumbering it as

section 30(1) and by adding the following after subsection (1):

(2) If there is an inconsistency or conflict between subsection (1) and a provision of the Freedom of Information and Protection of Privacy Act or the Personal Information Protection Act, subsection (1) prevails to the extent of that inconsistency or conflict.

47 Explanatory Notes 39

Section 22(2) presently reads in part:

(2) A custodian may collect individually identifying health information from a person other than the individual who is the subject of the information in the following circumstances: (

g) where disclosure of the info rmation is authorized under

Part 5. 40

Section 23 presently reads: 23 A custodian that collects health information from an individual using a recording device or camera or any other device that may not be obvious to the individual must, before collecting the information, obtain the written consent of the individual to the use of the device or camera. 41

Section 27(1) presently reads in part: 27(1) A custodian may use individually identifying health information in its custody or under its control for the following purposes: (

c) conducting investigations, disc ipline proceedings, practice reviews or inspections relating to the members of a health profession or health discipline; (

d) conducting research or perf orming data matching or other services to facilitate another person’s research (

i) if the custodian or resear cher has submitted a proposal to a research ethics board in accordance with

section 49, 42

Section 35 presently reads: 30 A person who is authorized to require an individual to provide a personal health number pursuant to

section 21(1)(

b) may use that information only for the purpose for which the information was collected.

48 43

Section 35 is amended (

a) in subsection (1) (

i) in clause (m)(ii) by striking out “an imminent danger” and substituting “a significant risk of harm”; (ii) by repealing clause (

q) and substituting the following: (

q) to its successor where th e successor is a custodian, (

b) in subsection (4) by striking out “practice review” and substituting “practice visit”. 44

Section 36(

a) is amended by striking out “section 35(1) or (4)” and substituting “section 35(1), (4) or (5)”. 45

Section 41(1.1) is amended (

a) by striking out “a database” and substituting “an electronic system”; (

b) by striking out “the database” and substituting “the electronic system”.

48 Explanatory Notes 43

Section 35 presently reads in part: 35(1) A custodian may disclose individually identifying diagnostic, treatment and care information without the consent of the individual who is the subject of the information (

m) to any person if the custodian believes, on reasonable grounds, that the disclosure will avert or minimize (ii) an imminent danger to the he alth or safety of any person, (

q) to its successor where (

i) the custodian is transferring its records to the successor as a result of the custodian (

A) ceasing to be a custodian, or (

B) ceasing to provide health services within the geographic area in which the successor provides health services, and (ii) the successor is a custodian,

(4) A custodian may disclose individually identifying diagnostic, treatment and care information to a health professional body for the purpose of an investigation, a discipline proceeding, a practice review or an inspection if 44

Section 36 presently reads in part: 36 A custodian may disclose individually identifying registration information without the consent of the individual who is the subject of the information (

a) for any of the purposes for which diagnostic, treatment and care information may be disclosed under

section 35(1) or (4), 45

Section 41(1.1) presently reads:

(1.1) The requirement to make a note under subsection (1) does not apply to a custodian that permits other custodians electronic access to individually identifying diagnostic, treatment and care information stored in a database if, when the information is

49 46

Section 47(1) is amended in the text preceding clause (

a) by striking out “, (iv) or (vii)” and substituting “or (iv)”. 47 The heading preceding

section 49 is repealed and the following is substituted: Division 3 Research 48

Section 49 is amended by striking out “proposal” and substituting “proposed research protocol”.

49 Explanatory Notes disclosed, the database automatically keeps an electronic log of the following information: (

a) a name or number that iden tifies the custodian to whom the information is disclosed; (

b) the date and time that the information is disclosed; (

c) a description of the info rmation that is disclosed. 46

Section 47(1) presently reads: 47(1) A custodian referred to in

section 1(1)(f)(iii), (iv) or (vii) may request another custodian to disclose to the requesting custodian individually identifying health information for any of the purposes listed in

section 27(2) (

a) if the requesting custodian is authorized by an enactment of Alberta or Canada to obtain the information from the other custodian, or (

b) if the information requested relates to a health service provided by the other custodian (

i) that is fully or partially paid for by the requesting custodian, or (ii) that is provided using financial, physical or human resources provided or administered by the requesting custodian. 47 The heading preceding

section 49 presently reads: Division 3 Disclosure for Research Purposes 48 Sections 49 presently reads: 49 A person who intends to conduct research using health information in the custody or under the control of a custodian or health information repository must submit a proposal to a research ethics board for review by that board containing (

a) the information specified by the regulations, and (

b) any other information required by the research ethics board.

50 49

Section 52(

a) and (

b) are amended by striking out “proposal” and substituting “research protocol”. 50

Section 54 is amended (

a) in subsection (1)(

b) by striking out “proposed research” and substituting “research in accordance with the research protocol”; (

b) by adding the following after subsection (3):

(3.1) A researcher that enters into an agreement under this

section must (

a) comply with the terms and conditions of the agreement and the conditions set out in the research ethics board’s response to the research protocol, and (

b) collect, use and disclos e health information only in accordance with the agreement and the research protocol. (

c) by repealing subsection (4) and substituting the following:

(4) If a researcher contravenes or fails to comply with the terms and conditions of an agreement under this section, or the conditions set out in the research ethics board’s response to the research protocol, (

a) the agreement is cancelled, and (

b) the researcher is no longer authorized to use the health information for any purpose and must destroy the health information or return it to the custodian.

50 Explanatory Notes 49

Section 52 presently reads in part: 52 If the research ethics board is satisfied as to the matters referred to in

section 50(1)(b), the researcher may forward to one or more custodians or health information repositories (

a) the researcher’s proposal referred to in

section 49, (

b) the response of the research ethics board to the researcher’s proposal, and 50

Section 54 presently reads in part: 54(1) If the custodian decides to disclose health information to a researcher or perform data matching or other services to facilitate the research, the researcher must enter into an agreement with the custodian in which the researcher agrees (

b) to use the health info rmation only for the purpose of conducting the proposed research,

(3) The custodian may set the costs of (

a) preparing information for disclosure, or performing data matching or other services (

b) making copies of health information, and (

c) obtaining the consents referred to in

section 55, which must not exceed the actual cost of providing that service.

(4) If the researcher contravenes or fails to meet the terms and conditions of an agreement under this section, the agreement is cancelled.

51 51

Section 56.1 is amended (

a) by repealing clause (

a) and substituting the following: (a) “Alberta EHR” means the in tegrated electronic health information system established to provide shared access to health information in a secure environment as may be further defined or described in the regulations; (

b) by repealing clause (c). 52

Section 56.2 is amended (

a) by renumbering it as

section 56.2(1); (

b) by repealing subsection (1) and substituting the following:

(1) The purpose of this

Part is to enable access to and use of health information via the Alberta EHR. (

c) by adding the following after subsection (1):

(2) Only the health information that is of a class or type prescribed by the regulations may be accessible via the Alberta EHR.

(3) Unless otherwise specified, nothing in this Part affects the application or operation of any provision in another Part of this Act respecting collection, use or disclosure of health information. 53 The following is added after

section 56.2: Department authorities and duties re Alberta EHR 56.21(1) The Department shall manage and operate the Alberta EHR.

51 Explanatory Notes 51

Section 56.1 presently reads in part: 56.1 In this Part, (a) “Alberta EHR” means the integrated electronic health information system established to provide shared access by authorized custodians to prescribed health information in a secure environment as may be further defined or described in the regulations; (c) “prescribed health informa tion” means health information about an individual that is of a class or type prescribed by the regulations that a regulated health professional or an authorized custodian may or must make accessible to authorized custodians via the Alberta EHR; 52

Section 56.2 presently reads: 56.2 The purpose of this

Part is to enable the sharing and use, via the Alberta EHR, of prescribed health information among authorized custodians. 53 Department authorities and duties re Alberta EHR.

(2) For the purpose of fulfilling the duties under subsection (1), the Department shall do all of the following: (

a) take reasonable steps in acc ordance with the regulations to maintain administrative, technical and physical safeguards that will protect the confidentiality and security of health information accessible via the Alberta EHR and the privacy of the individuals who are the subjects of that information; (

b) determine eligibility for access to the Alberta EHR, grant access to the Alberta EHR, and limit, revoke or prohibit access by authorized custodians and their affiliates and other authorized users to the Alberta EHR and health information accessible via the Alberta EHR, in accordance with the regulations; (

c) respond to access requests under

section 56.6 or 56.61 for health information accessible via the Alberta EHR, in accordance with the regulations, if any; (

d) provide reports to authorized custodians and other authorized users related to their access to the Alberta EHR and to authorized custodians related to the access to the Alberta EHR by their affiliates.

(3) For the purpose of fulfilling the duties under subsection (1), the Department may do any or all of the following: (

a) in accordance with the regul ations, audit and investigate matters relating to the Alberta EHR in respect of (

i) unauthorized access to, us e or disclosure of health information accessible via the Alberta EHR, (ii) data integrity, (iii) patient safety, or (iv) other matters prescribed in the regulations; (

b) subject to subsection (4) and in accordance with the regulations, provide access to health information accessible via the Alberta EHR to a medical examiner

52 Explanatory Notes

53 with the Office of the Chief Medical Examiner and staff working under the direction of a medical examiner; (

c) provide access, in accordan ce with the regulations, if any, to health information accessible via the Alberta EHR to a health services provider who provides a health service outside Alberta to a resident of Alberta for the purposes of providing continuing treatment and care; (

d) exercise any other power, duty or function that the Department considers necessary in order to manage and operate the Alberta EHR.

(4) The Department may provide a medical examiner with the Office of the Chief Medical Examiner and staff working under the direction of a medical examiner with access to health information accessible via the Alberta EHR for the purpose of conducting investigations under the Fatality Inquiries Act, only if (

a) the Office of the Chief Medical Examiner has submitted a privacy impact assessment respecting the access to the Commissioner, and (

b) the medical examiner with the Office of the Chief Medical Examiner and the staff working under the direction of a medical examiner meet all eligibility requirements and obligations imposed by the regulations.

(5) For greater certainty, the Department is not an information manager for authorized custodians by virtue of managing and operating the Alberta EHR. 54

Section 56.3 is amended (

a) in subsection (1) (

i) by striking out “prescribed health information” and substituting “health information”; (ii) by striking out “to authorized custodians”; (

b) in subsection (2)

53 Explanatory Notes 54

Section 56.3 presently reads in part: 56.3(1) The health professional body of a regulated health professional may in writing direct the regulated health professional to make prescribed health information that is in the custody or under the control of the regulated health professional accessible to authorized custodians via the Alberta EHR in accordance with the regulations.

(2) If

54 (

i) by striking out “prescribed health information” wherever it occurs and substituting “health information”; (ii) by striking out “to authorized custodians” wherever it occurs; (

c) in subsection (3)(b) (

i) by striking out “the information” and substituting “the health information”; (ii) by adding “via the Alberta EHR” after “accessible”; (

d) in subsection (5) (

i) by striking out “prescribed health information” and substituting “the health information prescribed in the regulations that is”; (ii) by striking out “to authorized custodians”; (

e) in subsection (6) (

i) by striking out “prescribed health information” and substituting “the health information prescribed in the regulations that is”; (ii) by striking out “to authorized custodians”; (

f) in subsection (7) (

i) by striking out “For greater certainty, the” and substituting “The”; (ii) by striking out “prescribed health information” and substituting “health information”; (iii) in clause (

a) by adding “by any person” after “that information”.

54 Explanatory Notes (

a) the Minister determines that it is in the public interest to have certain prescribed health information that is in the custody or under the control of one or more regulated health professionals made accessible to authorized custodians via the Alberta EHR, and (

b) the health professional body of the regulated health professionals has not directed the regulated health professionals to make that prescribed health information accessible via the Alberta EHR, the Minister may, subject to subsection (3), in writing direct the regulated health professionals to make the prescribed health information accessible to authorized custodians via the Alberta EHR in accordance with the regulations.

(3) Before giving a direction under subsection (2), the Minister must (

b) prepare a privacy impact assessment describing how making the information accessible may affect the privacy of the individual who is the subject of the information and submit the privacy impact assessment to the Commissioner for review and comment, and

(5) An authorized custodian may make prescribed health information in its custody or under its control accessible to authorized custodians via the Alberta EHR in accordance with the regulations.

(6) An authorized custodian, other than a regulated health professional, must, if the Minister requests in writing, make prescribed health information in its custody or under its control accessible to authorized custodians via the Alberta EHR in accordance with the regulations.

(7) For greater certainty, the making of prescribed health information accessible pursuant to this

section does not (

a) constitute a disclosure of that information, or (

b) require the consent of the indi vidual who is the subject of the information.

55 55

Section 56.4 is repealed and the following is substituted: Duties in making health information accessible via Alberta EHR 56.4(1) In deciding how much health information to make accessible via the Alberta EHR, a regulated health professional or an authorized custodian must consider as an important factor any expressed wishes of the individual who is the subject of the health information relating to access to that information, together with any other factors the regulated health professional or authorized custodian considers important.

(2) If a regulated health professional or an authorized custodian decides to limit the health information that is to be made accessible via the Alberta EHR under subsection (1), it must impose the limitations in accordance with the regulations. 56

Section 56.5 is repealed and the following is substituted: Accessing health information via the Alberta EHR 56.5(1) Subject to the regulations, an authorized custodian may access health information via the Alberta EHR for all the purposes and functions for which that authorized custodian may use health information under

section 27.

(2) A medical examiner with the Office of the Chief Medical Examiner and staff working under the direction of a medical examiner may access health information via the Alberta EHR only for the purpose of conducting investigations under the Fatality Inquiries Act.

(3) The use of health information that is accessed via the Alberta EHR does not constitute collection of that information under this Act.

(4) The use of health information that is accessed via the Alberta EHR does not constitute disclosure of that information by any person under this Act.

(5) For greater certainty, if the Department grants access to the Alberta EHR to other authorized users outside Alberta in accordance with the regulations, the accessing of health information via the Alberta EHR by an authorized user outside Alberta does not constitute disclosure of that information by any person under this Act.

55 Explanatory Notes 55 Duties in making health information accessible via Alberta EHR. 56

Section 56.5 presently reads: 56.5(1) Subject to the regulations, (

a) an authorized custodian referred to in

section 56.1(b)(

i) may use prescribed health information that is accessible via the Alberta EHR for any purpose that is authorized by

section 27; (

b) an authorized custodian referred to in

section 56.1(b)(ii) may use prescribed health information that is accessible via the Alberta EHR, and that is not otherwise in the custody or under the control of that authorized custodian, only for a purpose that is authorized by (i)

section 27(1)(a), (

b) or (f), or (ii)

section 27(1)(g), but only to the extent necessary for obtaining or processing payment for health services.

(2) For greater certainty, the use pursuant to subsection (1) of prescribed health information that is accessible via the Alberta EHR does not constitute collection of that information under this Act.

(3) For greater certainty, the use pursuant to subsection (1) of prescribed health information that is accessible via the Alberta EHR does not constitute a disclosure of that information by

56 57

Section 56.51 is repealed. 58

Section 56.6 is amended (

a) by repealing subsection (1) and substituting the following: Maintaining record of Alberta EHR access 56.6(1) The Department must keep an electronic log of the following for each time the Alberta EHR is accessed: (

a) the name or number that identifies the authorized custodian or other authorized user who accessed the Alberta EHR; (

b) the date and time that the Alberta EHR was accessed; (

c) a description of the health information that was accessed; (

d) any other information prescribed in the regulations. (

b) in subsection (2)

56 Explanatory Notes (

a) the regulated health prof essional or authorized custodian who originally made that information accessible via the Alberta EHR pursuant to

section 56.3, (

b) any other authorized custodian, (

c) the information manager of the Alberta EHR, or (

d) any other person. 57

Section 56.51 presently reads: 56.51(1) Despite any other provision of this Act or the regulations, the Department may access via the Alberta EHR, or may authorize one or more employees of the Office of the Chief Medical Examiner who are affiliates of the Department to access via the Alberta EHR, any prescribed health information that is accessible via the Alberta EHR regarding individuals who had or are suspected to have had COVID-19, if that information is required to be disclosed by the Department to the Chief Medical Examiner, medical examiners and the Fatality Review Board under the Fatality Inquiries Act or a regulation under that Act.

(2) This

section is repealed on December 31, 2021. 58

Section 56.6 presently reads: 56.6(1) If an authorized custodian uses prescribed health information pursuant to

section 56.5, the authorized custodian must keep an electronic log of the following information: (

a) a name or number that id entifies the custodian who uses the information; (

b) the date and time that the information is used; (

c) a description of the information that is used.

(2) The information referred to in subsection (1) must be retained by the authorized custodian for a period of 10 years following the date of the use.

(3) An individual who is the subject of information referred to in subsection (1) may ask the authorized custodian or the information manager of the Alberta EHR for access to and a copy of the information, and

Part 2 applies to the request.

57 (

i) by striking out “authorized custodian” and substituting “Department”; (ii) by striking out “use” and substituting “access”; (

c) in subsection (3) by striking out “authorized custodian or the information manager of the Alberta EHR” and substituting “Department”; (

d) in subsection (4) (

i) by striking out “information manager of the Alberta EHR” wherever it occurs and substituting “Department”; (ii) by striking out “used” and substituting “accessed”; (iii) by striking out “prescribed health information” and substituting “health information”; (iv) by striking out “custodians” and substituting “authorized custodians and other authorized users”; (

v) by striking out “section 56.5” and substituting “this Part”. 59 The following is added after

section 56.6: Access request for health information accessible via the Alberta EHR 56.61(1) An individual may make a request to access the individual’s health information accessible via the Alberta EHR (

a) to an authorized custodian who (

i) is a health services provider described in

section 1(1)(f)(ix), and (ii) has provided health services to the individual, o r (

b) to a custodian described in

section 1(1)(f)(iv) and

Part 2 applies in respect of the request.

57 Explanatory Notes

(4) If, pursuant to subsection (3), an individual asks the information manager of the Alberta EHR for access to and a copy of the information referred to in subsection (1), the information manager of the Alberta EHR must, in accordance with

Part 2, provide that information in respect of all custodians who have used that individual’s prescribed health information pursuant to

section 56.5. 59 Access request for health information accessible via the Alberta EHR; authorized custodian duties, authority.

(2) If an authorized custodian or a custodian described in

section 1(1)(f)(iv) responds that it is unable to provide access to health information requested by an individual under subsection (1), the individual may make a request to the Department for access to the individual’s health information accessible via the Alberta EHR, and

Part 2 applies in respect of the request. Authorized custodian duties, authority 56.62 An authorized custodian shall (

a) comply with an audit or investigation conducted by the Department in respect of the Alberta EHR, and (

b) carry out any duty or function specified in the regulations. 60

Section 56.7(1) is repealed and the following is substituted: Multi-disciplinary data stewardship committee 56.7(1) The Minister shall establish a multi-disciplinary data stewardship committee.

(1.1) The function of the multi-disciplinary data stewardship committee is to provide advice and make recommendations to the Minister and the Department respecting the Alberta EHR. 61 The following is added after

section 56.7: Termination of agreement and protocol 56.71(1) Despite any other provision of this Act or regulations or any information manager agreements entered into under

section 3(1)(

d) of the Alberta Electronic Health Record Regulation (AR 118/2010) or entered into with custodians described in

section 3(3) of that regulation or the Alberta Netcare Electronic Health Record Information Exchange Protocol referred to in those information manager agreements, the Department may access and use health information that is accessible via the Alberta EHR for any purpose or function that is authorized by

section 27.

58 Explanatory Notes 60

Section 56.7(1) presently reads: 56.7(1) The Minister shall establish a multi-disciplinary data stewardship committee whose function is to make recommendations to the Minister with respect to rules related to access, use, disclosure and retention of prescribed health information that is accessible via the Alberta EHR. 61 Termination of agreement and protocol.

(2) All information manager agreements entered into under

section 3(1)(

d) of the Alberta Electronic Health Record Regulation (AR 118/2010) or entered into with custodians described in

section 3(3) of that regulation and the Alberta Netcare Electronic Health Record Information Exchange Protocol referred to in those information manager agreements are terminated effective on the coming into force of this subsection. (3) Subsection (1) is repealed on Proclamation. 62

Section 56.8 is amended (

a) by renumbering it as

section 56.8(1); (

b) in subsection (1) (

i) in clause (

c) by striking out “as prescribed health information” and substituting “that may or must be made accessible via the Alberta EHR”; (ii) by adding the following after clause (c): (c.1) respecting administrative, technical and physical safeguards in respect of the health information accessible via the Alberta EHR; (iii) in clause (d) (

A) by adding “may or” after “or an authorized custodian”; (

B) by striking out “prescribed health information” and substituting “health information prescribed in the regulations that is”; (

C) by striking out “to an authorized custodian”; (iv) by adding the follo wing after clause (d): (d.1) respecting the granting of access to the Alberta EHR, including, without limitation, respecting eligibility for access to the Alberta EHR;

59 Explanatory Notes 62

Section 56.8 presently reads in part: 56.8 The Lieutenant Governor in Council may make regulations (

c) prescribing classes or types of health information as prescribed health information; (

d) respecting the manner in which a regulated health professional or an authorized custodian must make prescribed health information in its custody or under its control accessible to an authorized custodian via the Alberta EHR; (

e) respecting the purposes for which an authorized custodian may use prescribed health information; (

f) respecting the governance, management and structure of the Alberta EHR, including, without limitation, regulations (

i) designating an information manager of the Alberta EHR, and (ii) respecting the powers, duties and functions of the information manager; (

g) respecting the procedures, systems and safeguards that an authorized custodian must maintain in respect of prescribed health information that is accessible via the Alberta EHR;

60 (

v) by repealing clause (

e) and substituting the follo wing: (

e) respecting the purposes and functions for which a n authorize d custodian may access and use health i nformation via the Alberta EHR; (vi) in clause (f) (

A) in the portion preceding subclause (

i) by adding “operation,” after “governance,”; (

B) by repealing subclause (i); (

C) in subclause (ii) by striking out “information m anager” and substituting “Department”; (vii) in clause (

g) by striking out “prescribed health information” and substituting “health information”; (viii) by adding the following after clause (g): (g.1) respecting the manner in which a re gulated health professional or an authorized custodian may limit the health information that is to be made accessible via the Alberta EHR; (g.2) respecting access to the Alberta EHR by a medical examiner with the Office of the Chief Medical Examiner and staff working under the direction of a medical examiner or by a health services provider outside of Alberta to provide continuing treatment and care to an individual who is a resident of Alberta; (g.3) limiting, revoking or prohibiting (

i) access to the Alberta EHR by an authorized cu stodian or its affiliate, a medical examiner with the Office of the Chief Medical Examiner or staff working under the direction of a medical exam iner, or by a health services provider outside of Alberta providing continuing treatment and care to an individual who is a resident of Alberta, or

60 Explanatory Notes

61 (ii) use of health infor mation accessible via the Alberta EHR by an authorized custodian or its affiliate, by a medical examiner with the Office of the Chief Medical Examiner or staff working under the direction of a medical examiner, or by a health services provider outside of Alberta providing continuing treatment and care to an individual who is a resident of Alberta; (g.4) respecting technical or security standards, specifications or requirements in respect of the Alberta EHR, including, without limitation, interoperability specific

Document details

Collection	Alberta — Bills
Citation	L30 S2 11885
Type	bill
Volume / chapter	L30 S2 11885
Language	en
Format	json
Source	PROVINCIAL
Identifier	328772b35170a8b1a0cece236a6964de1adec08f

Source file is stored in the law ingest library (json).