First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 20

AN ACT TO AMEND THE MEDICAL CARE AND HOSPITAL INSURANCE ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of

Health and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Medical Care and Hospital Insurance Act

extend the timeframe within

which review boards must be appointed and a hearing must be conducted;

provide that timeframes

respecting review boards are suspended where an application is made to the

Supreme Court under subsection 27(4);

establish the procedure for

choosing the chairperson of a review board;

increase the total number of

review panel members and increase the number of medical practitioners and

dentists who shall be members;

extend the term of appointment

for review panel members to up to 5 years;

provide that timeframes

respecting audit reviews and appeals are suspended where an alternate dispute

resolution mechanism is employed; and

provide authority for the

Lieutenant-Governor in Council to make regulations incorporating a standard,

rule, regulation, guideline, designation, code, document or list respecting

services which are insured services, services which are not insured services,

facilities in which insured services may be provided, services which are

hospital services and services which are medical services for the purpose of

the Act.

A BILL

AN ACT TO AMEND THE MEDICAL CARE AND

HOSPITAL INSURANCE ACT

Analysis

S.26 Amdt.

Review

S.27 Amdt.

Review board

S.28 Amdt.

Panel

S.29 Amdt.

Orders

S.32 Amdt.

Appeal

S.34 Amdt.

Alternative dispute resolution

S.47 Amdt.

Regulations

8. Transitional

9. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2016 cM-5.01

as amended

1. Subsections 26(4), (5) and (6) of the Medical Care and Hospital Insurance Act

are repealed and the following substituted:

(4) A review board shall be appointed within 120

days of receipt of the request for a review.

(5) The review board

shall conduct a hearing within 120 days of its appointment.

(6) The review board shall

make a written report of its findings and recommendations to the minister

within 60 days of the completion of the hearing.

2. (1) Subsection 27(4) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

(2) Section 27 of the Act is amended by adding

immediately after subsection (4) the following:

(4.1) Where an application is made to the Supreme

Court under subsection (4), the time limit prescribed in subsection 26(4) is

suspended until the court has issued an order appointing the third member of

the review board.

(4.2) The members of the review board shall

unanimously choose a chairperson from amongst themselves.

(4.3) Where the members of the review board are

unable to agree on a chairperson under subsection (4.2) within 7 days of the

board being appointed, the minister shall appoint one of the members as

chairperson.

3. Subsections 28(1) and (2) of the Act are

repealed and the following substituted:

Panel

(1) The

Lieutenant-Governor in Council shall appoint a panel of not more than 18

persons to act as members of review boards and

(

a) at least 8 of those

persons shall be medical practitioners selected from a list of nominees

provided by the medical association; and

(

b) at least 4 of those

persons shall be dentists selected from a list of nominees provided by the

dental association.

(2) The members of the

panel shall be appointed for a term of up to 5 years and are eligible for

reappointment.

4. Subsection 29(7) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 32 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 34 of the Act is amended by renumbering

it as subsection 34(1) and adding immediately after that subsection the

following:

(2) Where an alternative dispute resolution mechanism

is employed under subsection (1), a time limit prescribed in subsections 26(4)

to (6),

section 27 or subsection 32(3) is suspended until the alternative

dispute resolution process has concluded.

(3) Where one party gives notice of termination of

an alternative dispute resolution process, the alternative dispute resolution

process shall be considered to be concluded for the purpose of subsection (2) 30

days after that notice is provided.

Section 47 of the Act is amended by renumbering

it as subsection 47(1) and adding immediately after that subsection the

following:

(2) Notwithstanding subsection (1), the

Lieutenant-Governor in Council may make regulations incorporating by reference,

in whole or in part, a written standard, rule, regulation, guideline,

designation, code, document or list respecting a service or facility referenced

in paragraphs (1)(a), (b), (c), (

d) or (

e) as it

reads on a prescribed day or as it is amended from time to time .

Transitional

8. Where a review has been requested under

section

26 before the coming into force of this Act, sections 26, 27 and 34 of the Act

as they existed before the coming into force of this Act continue to apply to

that review as though those sections were still in force.

Commencement

9. Sections 1 to 6 and

section 8 come into force

on a day to be proclaimed by the Lieutenant-Governor in Council.

Queen's Printer