Bill 59 — A Bill To Amend the .~Lberta Hospitals Act (Legislature 14, Session 4)

L14 S4 1891

Alberta — Bills

No. 59 4th Session, 14th Legislature, Alberta. 10 Elizabeth II BILL 59 A Bill to amend The .~lberta Hospitals Act HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1962

Explanatory Note

Section 2, clause (

e) presently reads: "(e) "cDuncil" means (ill in the case Df a city, tDwn, village, cDunty or municipal dIstrict, the cDuncil thereDf, (ii) in the case Df a new tDwn, the bDard Df administrators thereDf, and (iii) in the case Df an imprDvement district or special area, the Minister of Municipal Affairs;".

Section 11 presently reads: "11.

(1) Where a bDspital district is served by a nDn-distrIct hospital, (

a) if the bDard of the nDn-district hDspital is wllling to' prDvide hDspital services Dn behalf Df the district board, and (

b) if the cDuncils of the included municipalities representing a majDrity Df the pDpulatiDn in the hDspital district are agree able theretO', the district bDard and the bDard Df the nDn-district hDspital may, with the apprDva1 Df the Minister, enter intO' an agreement to' that effect Dn the terms and cDnditions prescribed by the regulatiDns.

(2) It shall be a cDndition Df every agreement entered intO' under this

section (

a) that the nDn-district hospital shall be managed by a board of nDt less than tbree perSDns and not mDre than eleven, and (

b) that the district board has the right to' appDint a majDrity Df the members of such bDard Df management.".

Section 14 presently reads:

BILL No. 59 of 1962

An Act to amend The Alberta Hospitals Act (Assented to , 1962) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Alberta I-Iospitals Act, being

chapter 36 of the Statutes of Alberta, 1961, is hereby amended.

Section 2 is amended (

a) as to clause (e) (

i) by striking out the word "and" at the end of subclause (ii) and by adding the word "and" at the end of subclause (iii), (ii) by adding the following new subclause im mediately after subclause (iii): (iv) in the case of a national park, the super intendent thereof; (

b) by adding immediately after clause (

I) the fol lowing new clause: ([1) :'excess cost" Ineans the audited operating cost of a.n approved hospital in a fiscal year over and above the approved operating cost of the hospital for that year;

Section 11 is struck out and the following

section is substituted: 11. Where a hospital district is served by a non-district hospital, the board of the hospital may enter into an agreement with anyone or all of the councils of the included municipalities (

a) covering representation on the board of manage ment of the hospital, and (

b) covering excess cost, limited in the case of each municipalit~T to the basis provided under

section 14 for municipal hospitals.

Section 14 is struck out and the following

section is substituted:

2 "14.

(1) On or befDre the first day Df AprH in each year the cDuncil Df each included municipality shall prDvide the district bDard Dr bDard Df management with a certificate shDwing (

a) tbe amDunt Df the equalized assessment in the included area based Dn the equalized assessment Df the municipality as deter mined and Drdered by the Alberta Assessment EqualizatiDn BDard fDr the year pursuant to The Municipalities Assessment and Equaliz'atiDn Act, and (

b) if the included area is in (

i) a municipal district Dr cDunty Dr in an imprDvement district that is nDt a special area, the tDtal estimated nDminal value Df all lands that are (

A) in the included area Df the municipal district, the cDunty Dr the imprDvement district, as the case may be, and (

B) held under a lease that is prDvided fDr by The Public Lands Act and under which a share Df crDp has becDme payable to' the prDvincial gDvernment, (ii) a special area, the tDtal estimated nDminal value of all lands that are in the special area and that are held under Ilease from the Special Areas BDard.

(2) The total estimated nominal value mentiDned in clause (

b) Df subsection (1) shall be determined, (

a) in the case Df a municipal district or an imprDvement dLstrict tl).at is nDt a special area, by multiplying the sum Df fDur hundred dDHars by the total number of quarter sectiDns SO' held as at the thirty-first day Df December Df the preceding year, Dr (

b) in the case Df a special area, by multiplying an amDunt set by the Minister Df Municipal Affairs by the total number Df quarter sections held as at the thirty-first day Df December Df the preceding year.".

Section 16, subsections (1) and (2) read: "16.

(1) Where a requisition referred to' in ,sectiDn 15 is received, an included municipality to' which tl].e provisiDns Df clause (bo) Df sub sectiDn (1) of sectiDn 14 dO' nDt app,ly shan levy a hDspital tax at a rate sufficient to' pay the sum requisitiDned, Dr if the amDunt Df the requisition may be SO' paid, shall make prDvision fDr the payment thereD.f frDm the general revenue fund Df the included municipality.

(2) When the requIsition referred to' in sectiDn 15 is received by an included municipality to which the prDvisiDns Df clause (

b) Df sub sectiDn

(1) Df

section 14 apply, the cDuncil Df that municipaUty (

a) shall levy a hDspital tax at a rate sufficient to' pay the prD pDrtionate part Dnly Df the requisitiDn that is attributable to' property liable to assessment and taxatiDn, or (

b) shaH make provisiDn for the payment Df the requisitiDn, or fDr any part Df the requisition not raised by a tax levy frDm the general revenue fund of the included municipality.".

Section 48, subseotions (3) and (4) presently read: "

(3) NO' action in which a claim fDr the CDSt Df insured services pro vided under this Part has been included Dn behalf Df the Minister shall be settled withDut prDvisiDn for payment to' the Minister in full of such CDSts or withDut the Director of the Hospitals DivisiDn having first given his consent to' such settlement in writing and any settlement which is made withDut such provision or such cDnsent is a nullity.

(4) Where a persDn whO' causes injury to' a beneficiary is insured against liability fDr such injury the insurer shall nDt discharge his Dbligation to' the insured person without making payment to' the Minister of the sum payable to' the Minister Dn accDunt Df tQe hDspital benefits prDvided.".

2 14.

(1) The Alberta Assessment Equalization Board, subject to subsection (4a) of

section 331 of The J! unicipal District Act, subsection (4a) of

section 8 of The Improl'e ment Districts Act and subsection (11) of

section 21 of The Municipalities A8sessment and Equalization Act, shall apportion in each year among the hospital districts lying wholly or in part within the municipality, the equalized assessment established in respect of a municipality for that year and thereafter the Board shall ad"ise the munici pality of such apportionment.

(2) The apportionment of an equalized assessment de termined pursuant to subsection (1) shall be calculated by multiplying such equalized assessment by the total assess ment and valuation of those properties lying within a hospital district which are represented in such equalized assessment and dividing the product thereof by the total assessment and valuation of those properties lying within the municipality and which are represented in such equalized assessment of the municipality.

(3) On or before the first day of April in each year the proper officer of each included municipality shall provide a certificate to the district board or board of management showing the equalized assessment or portion thereof of the municipality as determined pursuant to subsection (1) that is applicable to the area included in the hospital district.

Section 16 is amended by striking out subsections (1) and (2). ,6.

Section 48 is amended by striking out subsections (3) and (4) and by substituting the following: (2a) Notwithstanding subsection (2), the Director of the Hospitals Division may advise the beneficiary or his agent in writing that the claim on behalf of the Minister is not to be included in the beneficiary's claim.

(3) Where a beneficiary may have a right of recovery against a person for the cost of insured services and whether or not a statement of claim is issued or a judgment is obtained, the beneficiary shall not conclude a settlement (

a) without provision for payment to the Minister in full of the cost of insured services provided under this Part, or (

b) without the prior release or consent in writing of the Director of the Hospitals Division in respect of such settlement, and any settlement which is made without such provision, release or consent is a nullity.

(4) Where a person guilty of a wrongful act or omis sion is insured against liability for the personal injuries suffered by a beneficial'Y, the insurer shall not discharge his obligation to the insured person

Section 50, subsection (1) presently reads: "50.

(1) As its share of the operating costs of hospitals each munici pality shall pay each year from its genera'l revenue into the General Revenue Fund of the Province such amount as may be determined by the Lieutenant Governor in Council but not to exceed the amount that could be obtained from a four mill tax upon the assessment and valuation of rateable lands, within t:tle meaning of The Municipalities Assessment and Equalization Act, in the municipality and as equalized by the Alberta Assessment Equalization Board under The Munici palities Assessment and Equalization Act as directed by regulations.".

Section 55, subsection (1) presently reads: "55.

(1) Subject to subsection (3), an insurer shall not after the first day of July, 1961, make a new contract of insurance under which a resident of the Province is to be provided with or is to be reimbursed or indemnified for the cost of any hospital service that is standard ward hospitalization or that is any other hospital service provided as an insured service under this Part other than authorized charges.". 9. Prohibition on the use of the word "hospital". 10. Repeal of The Private Hospitals Act. II. Commencement of Act.

3 (0) without making payment in full to the ).Tinister of the cost of insured services provided to the beneficiary, or (

b) without obtaining a release or consent in writing from the Director of the Hospitals Division in respect of any settlement where partial payment is involved, and any settlement that is made without such provision or such consent is a nullity.

Section 50, subsection (1) is amended by striking out the words "as directed by regulations".

Section 55, subsection (1) is amended by adding im mediately after the words "new contract of insurance" the words "or add new members to a group contract".

Section 60 is struck out and the following

section is substituted: 60. No institution operated for the care of diseased, injured or sick people, other than (

a) an approved hospital, or (

b) an institution operated by the Crown, may describe itself as a hospital or use the word "hospital" in its name. 10. The Private Hospitals Act, being

chapter 242 of the Revised Statutes, is hereby repealed. 11. This Act comes into force on the day upon which it is assented to.

No. 59 FOURTH SESSION FOURTEENTH LEGISLATURE 10 ELIZABETH II 1962 BILL

An Act to amend The Alberta Hospitals Act Received and read the First time ....... . Second time Third time ................................ .. HON. DR. Ross Title: 1962 (14th, 4th) Bill 59,

An Act to amend The Alberta Hospitals Act

Document details

Collection	Alberta — Bills
Citation	L14 S4 1891
Type	bill
Volume / chapter	L14 S4 1891
Language	en
Format	json
Source	PROVINCIAL
Identifier	5ad8b70052c1c7dc690664674509af3800aa8f88

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