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2002 Legislative Session: 3rd 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 18 – 2002

HEALTH SERVICES STATUTES

AMENDMENT ACT, 2002

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

Hospital Insurance Act

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

definitions of

'"beneficiary" or "qualified person"' and "resident" and substituting the following:

"beneficiary" means a beneficiary as defined in

section 1 of the Medicare Protection

Act ;

"resident" means a resident as defined in

section 1 of the Medicare Protection Act .

Section 2 is repealed.

Section 3 is amended

(

a) in subsection (1) by striking out "qualified person

or" , and

(

b) by repealing subsection (2).

Section 4 is amended by striking out "qualified person" and substituting

"beneficiary" .

Section 5 is amended

(

a) in subsection (1) (a), (

b) and (

c) by striking out "qualified persons" and substituting

"beneficiaries" ,

(

b) in subsection (2) (

b) by striking out "qualified person" and substituting

"beneficiary" ,

(

c) in subsection (4) by repealing paragraph (

b) and substituting the following:

(

b) it is proved to the satisfaction of the minister that the person is a beneficiary. , and

(

d) by repealing subsection (5).

Section 7 (2) is amended

(

a) in paragraph (

a) by striking out "or in an application for benefits made under

section

5" , and

(

b) in paragraph (

b) by striking out ", statement or application for benefits" and substituting

"or statement" .

Section 17 (

b) is amended by striking out "qualified person" and substituting

"beneficiary" .

Section 29 (2) (

c) is repealed.

Medicare Protection Act

Section 13.1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed.

Section 30 (3) is amended by striking out "section 37 (1) (d)" and substituting

"section 37" .

Section 36 (3) is amended by striking out "27 (6) or" .

Section 37 is amended by adding the following subsections:

(1.1) If a practitioner, an owner of a diagnostic facility or a representative of a professional corporation is ordered under subsection (1) (

d) to pay money to the commission, they must also pay a prescribed surcharge.

(1.2) In subsection (1.3), "audit period" means, for a person, the period during which an audit takes place, giving rise to an order under subsection (1) (

d) respecting the person.

(1.3) A person who must pay a prescribed surcharge under subsection (1.1) must also pay interest from the last day of the audit period, compounded semi-annually, on the sum of

(

a) the amount ordered under subsection (1) (d),

(

b) the surcharge under subsection (1.1) on the amount ordered under subsection (1) (d), and

(

c) the compound interest accrued to date under this subsection.

(1.4) Interest under subsection (1.3) is payable at an annual rate equal to the prime lending rate of the banker to the government.

(1.5) Interest payable under subsection (1.3) for any of the first 6 months of a calendar year must be calculated at the annual rate applicable on January 1 in the calendar year.

(1.6) Interest payable under subsection (1.3) for any of the last 6 months of a calendar year must be calculated at the annual rate applicable on July 1 in the calendar year.

Section 38 is amended by striking out "section 37 (1) (d)" wherever it appears and substituting

"section 37" .

Section 39 (1) is amended by striking out "section 37 (1)" and substituting

"section 37" .

Section 41 (6) is amended by striking out "3 members" and substituting

"1 or 3 members" .

Section 42 is amended by adding the following subsections:

(4) The board may dismiss an appeal on its own motion, or on the motion of the commission, if

(

a) the beneficiary that is appealing has been given notice by the board in writing specifying a date by which the hearing of the appeal must begin, and

(

b) the hearing of the appeal does not begin on or before the date specified in the notice given under paragraph (a).

(5) A notice under subsection (4) is effective if the notice is

(

a) given to the beneficiary that is appealing,

(

b) delivered to the address of that beneficiary that is stated in the application for the appeal, or

(

c) delivered to the last known address of that beneficiary.

Section 45 (2) (

a) is repealed and the following substituted:

(

a) all or part of the cost of a service

(

i) for which a beneficiary cannot be reimbursed under the plan, and

(ii) that is rendered by a health care practitioner who has made an election under

section 14 (1), .

Section 51 (2) is amended

(

a) in paragraph (h.1) by striking out "purposes" and substituting

"purposes of" , and

(

b) by adding the following paragraph:

(h.2) prescribing a surcharge or a method of calculating a surcharge for the purposes of

section 37 (1.1); .

Commencement

19 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Hospital Insurance Act

SECTION 1: [Hospital Insurance Act, amends

section 1] re-enacts the

definitions of "beneficiary"

and "resident".

SECTION 2: [Hospital Insurance Act, repeals

section 2] removes a procedure for determining

residence that becomes redundant with the new definition of "beneficiary".

SECTION 3: [Hospital Insurance Act, amends

section 3] amends a reference to a defined

term and removes reference to a procedure that becomes redundant with the

new definition of "beneficiary".

SECTION 4: [Hospital Insurance Act, amends

section 4] amends a reference to a defined

term.

SECTION 5: [Hospital Insurance Act, amends

section 5] removes the requirement to apply

for benefits in light of the new definition of "beneficiary".

SECTION 6: [Hospital Insurance Act, amends

section 7 (2)] removes references to applications

that will no longer be required to be made under

section 5 of the Act.

SECTION 7: [Hospital Insurance Act, amends

section 17 (b)] amends a reference to a

defined term.

SECTION 8: [Hospital Insurance Act, repeals

section 29 (2) (c)] removes a regulation

making power that becomes redundant with the new definition of "beneficiary".

Medicare Protection Act

SECTION 9: [Medicare Protection Act, repeals

section 13.1] allows the enrollment under

the Medical Services Plan of medical practitioners who are 75 years of age or

older.

SECTION 10: [Medicare Protection Act, amends

section 30 (3)] changes a reference to

section 37 of the Act.

SECTION 11: [Medicare Protection Act, amends

section 36 (3)] removes the requirement

that only medical practitioners inspect records submitted under

section 27 (6).

Section 27 (6) governs the submission, assessment and payment of claims.

SECTION 12: [Medicare Protection Act, adds

section 37 (1.1) to (1.6)] requires a person

who received money from the Medical Services Commission for services they

did not provide, or should not have provided, to pay a surcharge and interest on

the money received.

SECTION 13: [Medicare Protection Act, amends

section 38] changes references to

section 37 of the Act.

SECTION 14: [Medicare Protection Act, amends

section 39 (1)] changes a reference to

section 37 of the Act.

SECTION 15: [Medicare Protection Act, amends

section 41 (6)] creates the capacity to

appoint one person panels.

SECTION 16: [Medicare Protection Act, adds

section 42 (4) and (5)] specifies particular

circumstances under which the board can dismiss an appeal.

SECTION 17: [Medicare Protection Act, repeals and replaces

section 45 (2) (a)] repeals a

provision allowing private insurance coverage for patient visit charges since

the regulation that allowed for these charges has been repealed. It also enacts a

provision allowing private insurance coverage for the portion of the cost of a

service that is not covered by the Medical Services Plan if the service is

provided by a health care practitioner who has elected to receive payment for

benefits under the plan directly from beneficiaries.

SECTION 18: [Medicare Protection Act, amends

section 51 (2)] corrects a minor error in

section 51 (2) (h.1) of the Act and provides for the calculation of a surcharge

for the purposes of

section 37 (1.1) of the Act.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada