This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

M.S.I. Regulations

made under

Section 17 of the

Health Services and Insurance Act

R.S.N.S. 1989, c. 197

O.I.C. 69-276 (effective March 28, 1969), N.S. Reg. 41/1969

amended to N.S. Reg. 125/2024 (effective August 1, 2024)

1 In these regulations

(a) “Act” means the Health Services and Insurance Act ;

(b) “dentist” means a person lawfully entitled to practice dentistry in the place in

which such practice is carried on by him;

(c) “general practitioner” means a physician who engages in the general practice

of medicine or a physician who is not a specialist within the meaning of

clause (f);

(d) “hospital” means a building or place that is established and operated for the

lodging and treatment of persons afflicted with or suffering from sickness,

disease or injury; and includes a mental hospital, a tuberculosis hospital and a

maternity hospital;

(e) “insured services” means all services rendered by physicians which are

medically required or which are deemed by the Commission to be medically

required but does not include

(

i) services that a person is eligible for or entitled to under the Workers’

Compensation Act , the Health Services and Insurance Act or any Act

of the Parliament of Canada; or under any statute or law of any

jurisdiction either within or without Canada,

(ii) mileage, travelling or detention time, except in circumstances specified

by the Commission,

(iii) telephone advice or prescriptions unless approved by the Commission,

(iv) examinations required for the purpose of obtaining employment or

insurance and similar examinations at the request of a third party,

(

v) group immunizations or inoculations unless approved by the

Commission,

(vi) preparation of records, reports, certificates or communications,

(vii) testimony in a court,

(viii) laboratory or diagnostic radiological services rendered in Nova Scotia,

(ix) services in connection with an electrocardiogram, electromyogram or

electroencephalogram, unless the physician is a specialist in the

appropriate specialty;

(ea) “optometrist” means a person lawfully entitled to practice optometry in the

place in which such practice is carried on by him;

(f) “specialist” means a physician who is recognized as a specialist by the

appropriate licensing body of the jurisdiction in which he practices.

(1) Subject to the Health Services and Insurance Act and these regulations

(

a) a resident is insured for the payment of the cost of insured services

commencing on the first day of the third month immediately following the

month in which he becomes a resident of Nova Scotia;

(

b) a new Canadian is insured for the payment of the cost of insured services that

are medically required by him, commencing on the day he becomes a resident

of Nova Scotia.

(2) In clause (

b) of subsection (1) “new Canadian” means a resident who moves to

Nova Scotia from a place outside Canada and is legally entitled to remain in

Canada.

(1) Where a person desires to complain about any act, omission, or other matter

relating to the administration of the plan he shall, in the first instance, appeal in

writing to the President of the Corporation.

(2) Where the Corporation does not settle the complaint to the satisfaction of the

complainant, he may appeal in writing to the Chairman of the Commission.

(3) If, in the opinion of the Commission, a person's services are or were not medically

required, the person shall not be insured for the payment of the cost of the services.

(4) When, in the opinion of the Commission, a doubt exists concerning the medical

necessity for the services in any case, the Commission may appoint and empower a

medical review board to report on the case.

4 A resident of Nova Scotia who moves from Nova Scotia to acquire residence in another

part of Canada, herein called the “new province”, shall be deemed to continue to be a

resident of Nova Scotia during normal travelling time and any waiting period, not

exceeding three months, which may be necessary in order to qualify for benefits under the

medical care insurance legislation of the new province if the new province is a

participating province, as defined in subsection (

i) of

Section 2 of the Medical Care Act

(Canada) or shall be deemed to continue to be a resident of Nova Scotia for a period of

three months from the date of his departure from Nova Scotia if the new province is not a

participating province.

5 Where during the course of a single illness a person receives medical services with

respect to that illness from more than one physician he shall not, except for the services of

the first attending physician, be entitled to receive those services as insured services

unless

(

a) he was referred by one physician to another; or

(

b) the first attending physician was not available to render the subsequent

service; or

(

c) the Commission approves of the receipt of the services.

6 Where a claim in respect of insured services is not received by the Corporation within a

period of six months from the date when the service was rendered, it shall not be payable

under the plan unless the Commission is of the opinion that the delay was justified in the

circumstances.

7 Where an insured service is rendered by a specialist to a resident who was not referred to

the specialist by another physician, the amount payable for the service shall be equal to

the amount that would have been paid, had the service been rendered by a general

practitioner.

8 Where a physician

(

a) serves in a hospital for purposes of receiving clinical training and receives a

salary from the hospital; and

(

b) renders an insured service in the hospital,

he shall not be entitled to remuneration for the service from the recipient or under the

plan.

9 A claim in respect of insured services shall not be payable under the plan unless it

contains the following information and is made on a form prescribed by the Commission

for that purpose:

(

a) the patient’s name in full and address, the year of his birth, his sex and plan

registration number;

(

b) the diagnosis or chief complaint;

(

c) where the service is provided in Nova Scotia, the fee code number and

amount corresponding to the procedure or treatment performed;

(

d) where the service is provided outside Nova Scotia, a description of the service

or treatment performed;

(

e) the date of each service; and for hospital visits, the name of the hospital;

(

f) amounts, if any, charged pursuant to

Section 21 of the Act [S.N.S. 1973, c. 8],

and the written consent to the charge by the patient or some other person

acting on his behalf;

(

g) additional remarks if the nature of the service was unusual;

(

h) the name and signature or approved facsimile of the person providing the

service and the identification number issued to him by the Corporation;

(

i) the name of the referring physician or referred physician as the case may be;

(

j) the names of other physicians attending the patient and their relationship to

the services rendered;

(

k) whether the services were performed due to an automobile accident or other

third party liability; and

(

l) such other information as the Commission may require.

10 [repealed]

11 [repealed]

12 For the purposes of the plan, the following prosthetic services shall be insured services

subject to such conditions as the Commission may from time to time prescribe with the

approval of the Minister of Health:

(

a) assistance in the acquisition, replacement and repair of arm and leg

prostheses;

(b) [repealed]

(

c) intro-oral or extra-oral prostheses including ears for persons who have

undergone maxillofacial surgery; and

(

d) mastectomy prostheses.

Legislative History

Reference Tables

M.S.I. Regulations

N.S. Reg.

41/1969

Health Services and Insurance Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the M.S.I. Regulations made under the Health Services and Insurance Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

41/1969

Mar 28, 1969

date made

unpublished 1

42/1969

Apr 8, 1969

date made

unpublished 1

43/1969

May 6, 1969

date made

unpublished 1

7/1972 3

Jul 1, 1972

date specified

unpublished 1

18/1972 4

Mar 1, 1972

date specified

unpublished 1

43/1973

Dec 1, 1973

date specified

unpublished 1

105/1973

Dec 1, 1973

date specified

unpublished 1

60/1974

Jul 1, 1974

date specified

unpublished 1

21/1976

Apr 1, 1976

date specified

unpublished 1

24/1976

Apr 1, 1976

date made

unpublished 1

65/1977

Jul 12, 1977

date made

unpublished 1

30/1979

Feb 20, 1979 & Jan 1, 1978

date made (clause (y)) & date specified (clause

(z))

Mar 8, 1979

231/1982

Nov 1, 1982

date specified

Dec 2, 1982

171/1983

Aug 9, 1983

date made

Aug 25, 1983

156/1984

Aug 1, 1984

date specified

Aug 23, 1984

32/1989

Mar 16, 1989

date made

Apr 6, 1989

149/1989

Jul 21, 1989

date made

Aug 10, 1989

166/1990

Jul 1, 1990

date specified

Jul 13, 1990

116/1991

Jun 1, 1991

date specified

Jun 14, 1991

87/2001

Jul 5, 2001

date specified

Jul 27, 2001

95/2024

Jun 1, 2024

date specified

May 31, 2024

102/2024

Jun 1, 2024

date specified

Jun 14, 2024

125/2024

Aug 1, 2024

date specified

Jul 12, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1(e) ...................................................

am. 60/1974

1(e)(x) ..........................................

rs . 60/1974, 87/2001; rep. 95/2024

1(e)(xi) ........................................

ad. 32/1989 ; rep. 149/1989 9

1( ea ) ..................................................

ad. 105/1973 6 ; rs . 43/1973 6

1(f) ....................................................

rs . 60/1974

2 ........................................................

rs . 7/1972

6 ........................................................

am. 18/1972

9(f) ....................................................

rs . 43/1969

10 ......................................................

ad. 42/1969 ; rs . 87/2001; rep. 95/2024

10A ...................................................

ad. 60/1974 ; am. 21/1976 8 ,

24/1976 8 ; ra. as 10 A( 1) 65/1977

10A ...................................................

rep. 87/2001

10 A( 1) .........................................

ra. from 10A 65/1977 ; rs .

231/1982, 166/1990, 116/1991

10 A( 2) .........................................

ad. 65/1977

10B ...................................................

ad. 156/1984; rep. 87/2001

11 ......................................................

ad. 105/1973 7 ; rep. 125/2024

11(2) ............................................

rep. 43/1973 7

12 ......................................................

ad. 156/1984

12(1)-(3) ......................................

ra. as 12(a)-(c) 87/2001

12(a) ............................................

ra. from 12(1) 87/2001

12(b) ............................................

ra. from 12(2) 87/2001 ; rep. 102/2024

12(c) ............................................

ra. from 12(3) 87/2001 ; am. 87/2001

12(d) ............................................

ad. 87/2001

Schedule “A” ....................................

am. 30/1979, 171/1983; rep.

87/2001

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Regulations in effect on April 1, 1977, and filed with

the Registrar before March 31, 1978, are exempt from publication under

subsection 24(2) of the Regulations Act .

Cross-references to provisions of the former Act have

not been updated by the Office of the Registrar of Regulations

N.S. Reg. 7/1972 filed out of chronological order.

N.S. Reg. 18/1972 filed out of chronological order.

The Medical Care Insurance Act , S.N.S. 1968, c.

9 is repealed and replaced with the Health Services and Insurance Act ,

S.N.S. 1973, c. 8 (regulations continued under new Act).

Sep 1, 1973

Repeal and substitution of s. 1( ea )

by N.S. Reg. 43/1973 has been applied to s. 1( ea )

as added by N.S. Reg. 105/1973, which was filed out of chronological order,

for the purposes of the consolidation.

Repeal of s. 11(2) made by N.S. Reg. 43/1973 has been

applied to s. 11 as added by N.S. Reg. 105/1973, which was filed out of

chronological order, for the purposes of the consolidation.

N.S. Reg. 21/1976, made by O.I.C. 76-326, is revoked by

N.S. Reg. 24/1976.

N.S. Reg. 32/1989, made by O.I.C. 89-288, is revoked by

N.S. Reg. 149/1989.

The reference in s. 12 to the Minister of Health should

be read as a reference to the Minister of Health and Fitness in accordance

with amendments to the Public Service Act , R.S.N.S. 1967, c. 255, made

by S.N.S. 1988, c. 30.

Dec 3, 1987

The reference in s. 12 to the Minister of Health should

be read as a reference to the Minister of Health in accordance with

amendments to the Public Service Act , R.S.N.S. 1989, c. 376, made by

S.N.S. 1992, c. 14.

Jun 30, 1992

The reference in s. 12 to the Minister of Health should

be read as a reference to the Minister of Health Promotion and Protection in

accordance with O.I.C. 2006-116 under the Public Service Act , R.S.N.S.

1989, c. 376.

Feb 24, 2006

The reference in s. 12 to the Minister of Health should

be read as a reference to the Minister of Health and Wellness in accordance

with O.I.C. 2011-15 under the Public Service Act , R.S.N.S. 1989, c.

Jan 11, 2011

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.