British Columbia Bill 26 (Government) — 4th Parliament, 38th Session — Previous Version 1

4-38 Gov Bill 26-1

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2008 Legislative Session: 4th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE GEORGE ABBOTT

MINISTER OF HEALTH

BILL 26 – 2008

HEALTH STATUTES AMENDMENT ACT, 2008

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

Emergency and Health Services Act

SECTION 1: [Emergency and Health Services Act,

section 1] ensures that the power to

appoint members of the commission, approve the purchase of real property by

the commission, and appoint an executive officer of the commission cannot be

exercised by a person other than the minister, a minister designated to act in

the office, or the deputy or associate deputy of the minister.

Section 1 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended

(

a) in subsection (1) in the definition of "minister" by adding " and sections 2 to 4 " after " except in subsection (2) ", and

(

b) in subsection (3) by adding " and sections 2 to 4 " after " subsection (2) ".

SECTION 2: [Emergency and Health Services Act,

section 2] removes the power of the

Lieutenant Governor in Council to appoint members of the commission and

gives that power to the minister, and removes the minister's power to make

temporary appointments to the commission by relying instead on

section

22 (

e) of the

Interpretation Act .

Section 2 is amended

(

a) by striking out " Lieutenant Governor in Council " wherever it appears and substituting " minister ", and

(

b) by repealing subsection (5).

SECTION 3: [Emergency and Health Services Act, sections 3 and 4] consistent with the

changes to

section 2 of the Act made by this Bill, removes the powers of the

Lieutenant Governor in Council to approve purchases of real property by the

commission and to appoint an executive officer of the commission and gives

those powers to the minister.

3 Sections 3 and 4 are amended by striking out " Lieutenant Governor in Council " wherever it appears and substituting " minister ".

SECTION 4: [Emergency and Health Services Act,

section 14] adds regulation making

powers to provide for, or authorize waiver of, fees for different persons or

classes of persons.

Section 14 (2) is amended

(

a) in paragraph (

c) by striking out " or " at the end of subparagraph (i), by adding " , or " at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) different persons or classes of persons; , and

(

b) by repealing paragraph (c.1) and substituting the following:

(c.1) authorizing the waiving of fees for

(

i) different persons or classes of persons, and

(ii) involuntary committals under the Mental Health Act ; .

Health and Social Services Delivery Improvement Act

SECTION 5: [Health and Social Services Delivery Improvement Act,

section 3] repeals a

definition that applied to a spent provision.

Section 3 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, is amended by repealing the definition of "bumping" .

SECTION 6: [Health and Social Services Delivery Improvement Act,

section 6]

repeals the prohibition against provisions in health sector collective agreements which restrict, limit or regulate the contracting out of non-clinical services, and

repeals a subsection that voids provisions in collective agreements which require consultation with trade unions prior to contracting out those non-clinical services.

Section 6 (2) and (4) is repealed.

SECTION 7: [Health and Social Services Delivery Improvement Act, sections 9 and 19] removes a spent provision and a corresponding regulation making power

under the spent provision.

7 Sections 9 and 19 (2) (

c) are repealed.

SECTION 8: [Health Sector Labour Adjustment Regulation] removes a spent provision.

Section 5 of the Health Sector Labour Adjustment Regulation, B.C. Reg. 39/2002, is repealed.

Health Sector Partnerships Agreement Act

SECTION 9: [Health Sector Partnerships Agreement Act, sections 4 and 5]

repeals the prohibitions against provisions in designated private sector partners' collective agreements and contractors' collective agreements which restrict, limit or regulate the contracting out of non-clinical services provided at or for designated health care facilities under the Act, and

repeals subsections that void provisions in those collective agreements which require consultation with trade unions prior to contracting out those non-clinical services.

9 Sections 4 (1) and (3) and 5 (2) and (4) of the Health Sector Partnerships Agreement Act, S.B.C. 2003, c. 93, are repealed.

Health Statutes Amendment Act, 2006

SECTION 10: [Health Statutes Amendment Act, 2006,

section 33] is consequential to the

enactment of

section 49 of the Medicare Protection Act by this Bill.

Section 33 of the Health Statutes Amendment Act, 2006, S.B.C. 2006, c. 23, is repealed.

Medicare Protection Act

SECTION 11: [Medicare Protection Act,

section 49]

maintains the ability to disclose confidential information for administrative and law enforcement purposes,

expands the circumstances in which a person engaged in the administration of the Act may communicate confidential information, and

ensures that the purposes of disclosure under the Medicare Protection Act are consistent with the disclosure provisions in the E-Health (Personal Health Information Access and Protection of Privacy) Act.

Section 49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

Duty to keep information confidential

(1) In this section, "person engaged in the administration of this Act" includes the following persons:

(

a) each member or former member of the commission;

(

b) each former member of the Medical and Health Care Services Appeal Board;

(

c) each employee or former employee of the ministry employed in the administration of this Act;

(

d) each inspector or former inspector appointed under this Act;

(

e) each member or former member of an advisory committee;

(

f) any person engaged or previously engaged in the administration of this Act.

(2) A person engaged in the administration of this Act must keep confidential matters respecting an individual beneficiary or practitioner that come to his or her knowledge in the course of his or her employment or duties, and must not communicate any of those matters except as follows:

(

a) in the course of the administration of this Act or another Act or program administered by the minister;

(

b) to communicate prescribed information to a person who

(

i) is a beneficiary and is, or whose personal information is, identified in a hearing under

section 15 or 37,

(ii) provides information to the commission that leads to an audit or inspection under

section 36, or to a determination that no audit or inspection is required under that section, or

(iii) provides information to the commission that leads to an application for an injunction under

section 45.1, or to a determination that no injunction is required under that section;

(

c) to communicate prescribed information to one or more persons if a person is the subject of

(

i) a notice of hearing under

section 15 or 37,

(ii) an audit or inspection under

section 36, or

(iii) an application for an injunction under

section 45.1, and

if, in the opinion of the minister or the chair, there is a compelling public interest in the disclosure of that information;

(

d) in accordance with

section 33.2 (

i) of the Freedom of Information and Protection of Privacy Act ;

(

e) for a purpose listed in

section 5 of the E-Health (Personal Health Information Access and Protection of Privacy) Act .

Commencement

12 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2