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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE COLIN HANSEN

MINISTER OF HEALTH SERVICES

BILL 33 – 2003

HEALTH SERVICES STATUTES

AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Food Safety Act

Section 23 (2) (

d) of the Food Safety Act, S.B.C. 2002, c. 28,

is amended by adding "alteration," after "design, construction,"

and by adding "food establishments or" after "construction

plans for" .

Section 24 (1) is amended by striking out "c. 283,"

and substituting "c. 289," .

Hospital Insurance Act

Section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204,

is amended by adding the following

definitions:

"Nis g a'a Nation" has the same meaning as

in the Nis g a'a Final Agreement;

"PHSA" means the Provincial Health Services Authority,

a society incorporated under the Society Act ;

"regional health board" means a board as defined

section 1 of the Health Authorities Act ; .

Section 5 (7) is amended by striking out "Minister of

Social Services" and substituting "minister charged by order of

the Lieutenant Governor in Council with the administration of the Employment

and Assistance Act " .

Section 9 is repealed and the following substituted:

Payment to a regional health board, the Nis g a'a Nation or the PHSA

(1) There must be paid annually to

(

a) each regional health board,

(

b) the Nis g a'a Nation, and

(

c) the PHSA

for the hospitals it funds an amount determined by the minister to cover all or part of the cost to the regional health board, the Nis g a'a Nation or the PHSA for the provision to beneficiaries of those general hospital services authorized by this Act that the hospitals are required by the minister to provide for beneficiaries admitted for treatment, excluding those amounts payable for those hospitals under

section 5 (7) and

section 14.

(2) The fiscal year of a hospital begins April 1.

Section 10 (2) is repealed.

Section 12 is repealed and the following substituted:

A regional health board, the Nis g a'a Nation or the PHSA

must not seek additional payment

12 If a regional health board, the Nis g a'a

Nation or the PHSA has been paid by the government for general hospital services

provided under this Act, the payment, subject to

section 5 (7) or 14, is deemed

to be payment in full for the services, and the regional health board, the Nis g a'a

Nation, the PHSA or a hospital must not seek to recover additional payment from

any other person for the services.

Section 29 (2) is amended

(

a) by repealing paragraph (

b) and substituting the following:

(

b) the facilities and services that a regional health

board, the Nis g a'a Nation or the PHSA must provide for beneficiaries

under this Act in order to qualify them for payment by the government, and the

amount of the payment to regional health boards, the Nis g a'a Nation or

the PHSA; ,

(

b) in paragraph (

e) by striking out "hospitals;" and

substituting "hospitals, regional health boards, the Nis g a'a

Nation or the PHSA;" , and

(

c) by repealing paragraph (

f) and substituting the following:

(

f) the treatment and services referred to in

section

5; .

Medicare Protection Act

Section 5 (1) of the Medicare Protection Act, R.S.B.C. 1996,

c. 286, is amended by adding the following paragraphs:

(q.1) establish, subject to this Act and the regulations, rules to govern its own practices and procedures for the conduct of hearings under

section 15 or 37, including the following:

(

i) the conduct of negotiations or a pre-hearing conference for possible settlement of the issues before a hearing is commenced;

(ii) the means by which particular facts may be proved or the mode in which evidence may be given at a pre-hearing conference or a hearing;

(iii) the time limits for the exchange of documents, reports and affidavits in preparation for a pre-hearing conference or a hearing;

(iv) the requirements for the attendance of witnesses, the conduct of witnesses or the compelling of witnesses to give evidence under oath or in some other manner;

(q.2) require that a party to a hearing under

section 15 or 37 submit a matter at issue in the hearing to non-binding mediation.

Section 51 (2) is amended by adding the following paragraph:

(b.1) prescribing for hearings under

section 15 or under

section 37

(

i) the practices and procedures for the conduct of negotiations or a pre-hearing conference for possible settlement before a hearing is commenced,

(ii) the practices and procedures to be used for a pre-hearing conference or a hearing,

(iii) the means by which particular facts may be proved or the mode in which evidence may be given at a pre-hearing conference or a hearing,

(iv) the time limits for the exchange of documents, reports and affidavits in preparation for a pre-hearing conference or a hearing, or

(

v) the requirements for the attendance of witnesses, the conduct of witnesses or the compelling of witnesses to give evidence under oath or in some other manner; .

Commencement

11 Sections 3 to 8 come into force by regulation

of the Lieutenant Governor in Council.

Explanatory Notes

Food Safety Act

SECTION 1: [Food Safety Act, amends

section 23 (2) (d)] provides

authority for regulations respecting alterations to food establishments.

SECTION 2: [Food Safety Act, amends

section 24 (1)] corrects

a reference error.

Hospital Insurance Act

SECTION 3: [Hospital Insurance Act, amends

section 1] adds

definitions

of "Nis g a'a Nation", "PHSA" and "regional health board".

SECTION 4: [Hospital Insurance Act, amends

section 5 (7)] updates

a ministerial reference.

SECTION 5: [Hospital Insurance Act, re-enacts

section 9] revises

section 9 of the Act to reflect the fact that funding for general hospital services

provided under the Act at hospitals is paid by the government to each regional

health board, the Nis g a'a Nation and the PHSA for the hospitals they

fund.

SECTION 6: [Hospital Insurance Act, repeals

section 10 (2)] repeals

a provision that reflects a funding arrangement that no longer applies.

SECTION 7: [Hospital Insurance Act, re-enacts

section 12] revises

section 12 of the Act to reflect the fact that funding for general hospital

services provided under the Act at hospitals is paid by the government to each

regional health board, the Nis g a'a Nation and the PHSA for the hospitals

they fund.

SECTION 8: [Hospital Insurance Act, amends

section 29 (2)] revises

section 29 (2) of the Act to reflect the fact that funding for general hospital

services provided under the Act at hospitals is paid by the government to each

regional health board, the Nis g a'a Nation and the PHSA for the hospitals

they fund.

Medicare Protection Act

SECTION 9: [Medicare Protection Act, adds

section 5 (1) (q.1) and (q.2)]

enables the commission to establish rules of practice and procedure for hearings

under sections 15 and 37 of the Act.

SECTION 10: [Medicare Protection Act, adds

section 51 (2) (b.1)]

enables the Lieutenant Governor in Council to prescribe rules of practice and

procedure for pre-hearing conferences and hearings under sections 15 and 37

of the Act.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada