Bill 38 — First Session, 20Th Legislature, 32 Euzabeth Ii the Legislative Assembly of Alberta Bill 38 Health Care Statutes Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3658

Alberta — Bills

1983 BILL 38 First Session, 20th Legislature, 32 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 38 HEALTH CARE STATUTES AMENDMENT ACT, 1983 THE MINISTER OF HOSPITALS AND MEDICAL CARE First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent w^r^)'

Bin 38 BILL 38 1983 HEALTH CARE STATUTES AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: Alberta Health Care Insurance Act 1(1) The Alberta Health Care Insurance Act is amended by this sec tion.

(2) Section 1 is ameruied (

a) in clause (

I) by striking out "28" and substituting "31"; (

b) in clause (

n) by adding "Workers' Compensation Act or" be fore "any law".

(3) The following is added after

section 4: 4.1 If a registrant is in default of paying his premiums under the Health Insurance Premiums Act, the Minister shaU withhold the payment of benefits to or on behalf of the registrant in respect of health services for the registrant and his dependants.

(4) Section 5(2) is repealed.

(5) Section 6 is amended by adding the following after clause (e): (e.

l) determming when, for the purposes of this Act, a registrant is m default of paying his premiums under the Health Insurance Premiums Act;

Explanatory Notes Alberta Health Care Insurance Act 1(1) This

section wiU amend

chapter A-24 ofthe Revised Statutes of Alberta 1980.

(2) Section 1 presently reads in part: (I) "Fund" means the Health Care Insurance Furui established uruier sec tion 28; (n) "insured services" means (

i) all services provided by physicians that are medically required, (ii) those services that are provided by a dental surgeon in the field of oral surgery arui are specified in the regulations arui that are also deemed to be services provided by a physician that are medically re quired uruier subsection 4(3) of the federal Act, arui (iii) any other services that are declared to be insured services pur suant to

section 2, but does not include any services that a person is eligible for arui entitled to uruier any Act ofthe Parliament of Canada or uruier the any law of any jurisdiction outside Alberta relating to workers' compensation;

(3) Withholdmg of benefits.

(4) Corrects error m Revised Statutes of Alberta 1980.

(5) The Lieutenant Govemor in Council may make regulations. Explanatory Notes

(6) Section 13 is amended (

a) by adding the following after subsection (3):

(3.1) Notwithstanding subsection (3), the Minister or a per son employed in the administration of this Act who is au thorized by the Minister may disclose to the Director of Med ical Services for the Workers' Compensation Board or the Director of Medical Services appointed under the Occupa tional Health and Safety Act any diagnosis given by a person who has provided health services to another person if (

a) the Director makes a written request for the diagnosis, and (

b) the health services provided relate to or Ukely relate to the occupation or former occupation of the person for whom the health services were provided or to a disease that is related to his occupation or former occupation. (

b) by repealing subsection (4)(

e) arui substituting the following: (

e) to the registrant or his dependant who received the ser vices or to any other person with the written consent ofthe registrant or dependant who received the services, or (e. 1) to the soUcitor, personal representative, guardian or other legal representative ofthe registrant or dependant referred to in clause (e), or to the committee or guardian of his estate,

(7) Section 21 is amended by adding the following after clause (e): (e.

l) permitting the spouse and any dependant of a registrant, when the registrant is in default of paying premiums under the Health Insurance Premiums Act, to register with the Minister, (e.2) governing the terms subject to which a registration referred to in clause (e.

l) is permitted; (8)

Section 25(8)(

b) is repealed and the following is substituted: (

b) the spouse is Uable for payment of the premiums under the Health Insurance Premiums Act in respect of herself and her de pendants during the period that the election is m effect.

(9) Section 30 is amended by adding the following after clause (e): (e.

l) respecting and authorizmg the types of recoverable pay ments that may be made out ofthe Fund;

(6) Disclosure of diagnosis.

Section 13(4)(

e) presently reads:

(4) The Minister or a person employed in the administration of this Act authorized by the Minister may furnish information pertaining to the date on which health services were provided and a description of those services, the name and address ofthe person who provided the services, the registra tion number ofthe person who received the services, the benefits paid for those services and the person to whom they were paid, but the information may be furnished only (

e) to the registrant or his dependant who received the services, his solicitor personal representative or guardian, the committee or guard ian of his estate or other legal representative of that registrant or dependant.

(7) The Lieutenant Govemor in CouncU may make regulations.

(8) Section 25(8) presently reads:

(8) If a spouse files an election under subsection (7)(a). (

a) the declaration does not extend to or apply to the spouse and dependants ofthe registrant during the period that the election is in effect, and (

b) the registrant is liable for the payment of premiums under the Health Insurance Premiums Act in respect ofthe spouse and depen dants during the period that the election is in effect.

(9) The Lieutenant Govemor in Coimcil may make regulations. Explanatory Notes

(10) The following is added after

section 30: 30.1 A regulation made under

section 30(e.

l) may be effective as of any date not earUer than November 1, 1981 and may vah- date recoverable payments referred to in the regulation that were made out ofthe Fund since that effective date.

(11) Section 31 is amended (

a) in subsection (3) by adding the following after clause (b): (

c) aU money recovered in respect of recoverable payments made out of the Fund pursuant to regulations under

section 30(e.l); (

d) reimbursements made by the Workers' Compensation Board pursuant to

section 82.1(3) ofthe Workers' Compen sation Act. (

b) in subsection (4) by adding the following after clause (c): (

d) recoverable payments pursuant to regulations under sec tion 30(e.l); (

e) payments required to be made by the Minister pursuant to an arrangement made pursuant to

section 82.1 of the Workers' Compensation Act. Hospitals Act 2(1) The Hospitals Act is ameruied by this section.

(2) Section 2(2)(

g) is amended by striking out "ratepayers as'!

(3) Section 55 is amended (

a) in subsection (l)(

b) by striking out "law of any jurisdiction outside of Alberta relating to workers' compensation" and sub stituting "-woTkers' compensation statute of any province"; (

b) in subsections (2)(

a) and (

b) and (3) by striking out "Part 3" and substituting "Part 2".

(4) Section 58(8) is repealed.

(10) Retroactive regulation.

(11) Section 31 presently reads in part:

(3) The foUowing shall be paid into the Furui: (

a) all money received from the Government of Canada uruier the Federal-Provincial Fiscal Arrangements arui Established Programs Financing Act, 1977 (Canada) as contributions to Alberta with respect to the medical care program uruier the federal Act; (

b) all money received as premiums pursuant to the Health Insurance Premiums Act.

(4) The following may be paid out ofthe Fund: (

a) benefits; (

b) payments by the Minister to the Alberta Hospital Association pur suant to the Blue Cross agreement; (

c) the costs of insured services (as defined in

Part 3 ofthe Hospitals Act) provided by a hospital outside Alberta. Hospitals Act 2(1) This

section will amend

chapter H-11 ofthe Revised Statutes of Alberta 1980.

(2) Section 2(2)(

g) presently reads:

(2) The Minister after consultation with any bodies or persons he consid ers competent to advise him, may by order establish any area referred to in subsection (1) as a hospital district arui the order shaU set out aU perti nent particulars, including: (

g) the appointment or election of ratepayers as ward representatives.

(3) Section 55(1 )(

b) presently reads: 55(1) Subject to the following exclusions, a resident of Alberta is entitled to receive insured services under this Part except when, in respect of those services, (

b) he is entitled to receive hospital services pursuant to any law of any jurisdiction outside of Alberta relating to workers' compensation.

(4) Section 58(8) presently reads:

(8) This

section is subject to sections 16, 17 and 18 ofthe Workers' Com pensation Act. Explanatory Notes

Workers' Compensation Act 3(1) The Workers' Compensation Act is amended by this section.

(2) Section 27 is ameruied (

a) in subsection (l)(

b) by striking out "that is not covered by the Alberta Health Care Insurance Act"; (

b) in subsection (3) by adding "or (2)" after "subsection (1)'!

(3) Section 33(1) and (3) are amended by striking out "to the extent that they are not paid for under the Alberta Health Care Insurance Act".

Workers' Compensation Act 3(1) This

section will amend

chapter W-16 ofthe Statutes of Alberta, 1981.

(2) Section 27 presently reads: 27^7^ If a worker (

a) suffers personal injury by an accident, or (

b) regardless of whether he is injured, is. as a resuh of an accident, entitled to medical aid uruier

Part 4 that is not covered by the Alberta Health Care Insurance Act. the worker shall, as soon as practicable after the accident, give notice of the accident in accordance with the regulations (

c) to the employer, and (

d) to the Board, if the injury disables or is likely to disable the worker for more than the day ofthe accident.

(2) If a worker suffers an accident that results in his death, his dependant shall, as soon as practicable after the accident, give notice ofthe accident in accordance with the regulations to the employer arui to the Board.

(3) A worker or dependant who fails to give notice as required by subsec tion (1) is not entitled to compensation uruler this Act unless the Board is satisfied (

a) that notice for some sufficient reason could not have been given, (

b) in the case of notice to the employer, that the employer or his superintendent or agent in charge ofthe work where the accident hap pened had knowledge ofthe injury, or (

c) that the claim is a just claim and should be allowed for any other reason.

(3) Section 33(1) and (3) presently read: 33(1) A worker claiming compensation or to whom compensation is pay able under this Act shall, if the Board requires it, undergo a medical ex amination by a physician selected by the Board arui at a time arui place determined by the Board and the Board shaU pay the costs of that exam ination to the extent that they are not paid for uruier the Alberta Health Care Insurance Act.

(3) If a worker claims compensation under this Act the Board, in order to assist U in determining the worker's entitlement to compensation, may (

a) require that a medical investigation be conducted in respect ofthe worker in the manner U considers necessary, or (

b) accept the results of a medical investigation already conducted in respect of that worker and, in either case, the Board may pay the costs ofthe investigation to the extent that they are not paid for under the Alberta Health Care Insurance Act. Explanatory Notes

(4) Section 34(4) is amended by striking out "Any part ofthe expense ofthe exammation that is not paid for under the Alberta Health Care Insurance Act," arui substituting "The cost of the examination'!

(5) Section 73 is repealed and the following is substituted: 73(1) The Board may (

a) provide medical aid to a worker who suffers an accident, or (

b) pay for the cost of medical aid provided to a worker who suffers an accident.

(2) If any apparatus or appUance, or the cost of any apparatus or appUance, is provided by the Board pursuant to subsection (1), the Board shaU also provide for or pay for the cost of the repair, maintenance and replacement of that apparatus or appUance if it is in need of repair, maintenance or replacement by reason of accident or ordinary wear and tear and if the disabiUty in respect of which the apparatus or appUance was provided continues.

(6) Section 75 is repealed and the following is substituted: 75(1) The Board shaU determine aU questions as to the necessity, character and sufficiency of, and the amoimt payable m respect of, any medical aid provided to a worker who suffers an accident.

(2) No action Ues against (

a) any person other than the Board for the recovery of any money in connection with medical aid provided under this Part, or

(4) Section 34(4) presenUy reads:

(4) Any part ofthe expense ofthe examination that is not paid for under the Alberta Health Care Insurance Act, and the reasonable expenses ofthe worker in connection with the examination shaU be borne by the employer and. if the employer fails to pay those expenses, the Board may pay the expenses and the employer is liable to pay the Board the amount so paid

(5) Section 73 presently reads: 73(1) AU questions as to the necessity, character and sufficiency of any medical aid provided to a worker who suffers an accident, whether that medical aid is in the form of (

a) basic health services as defined in the Alberta Health Care Insur ance Act. (

b) insured services provided for under the Hospitals Act. or (

c) additional medical aid provided for uruier subsection (2). shaU be determined by the Board.

(2) Notwithstaruiing that a worker who suffers an accident receives or is entitled to receive (

a) basic health services as defined in the Alberta Health Care Insur ance Act. or (

b) insured services provided for under the Hospitals Act. or both, the Board may provide to the worker arui pay for any additional medical aid that it considers necessary if it considers (

c) that the additional medical aid is not provided for or sufficiently provided for under either ofthe Acts referred to in clauses (

a) arui (b), arui (

d) that the provision ofthe additional medical aid is in the best in terests ofthe worker in order to diagnose or cure the injury or to relieve the worker from the effects ofthe injury.

(3) The Board shall provide for the repair, maintenance arui renewal of any apparatus provided by the Board under subsection (2) that becomes in need of repair, maintenance or renewal by reason of accident or ordinary wear and tear for as long as the disability in respect of which the apparatus was supplied continues.

(6) Section 75 presently reads: 75 The Board shaU determine the amount payable to any person in respect of additional medical aid provided under

section 73(2) arui no action lies against (

a) any person other than the Board for the recovery of any money in connection with that medical aid, or (

b) the Board for any money in excess ofthe amount determined by it uruier this

section to be payable. Explanatory Notes

(

b) the Board for any amount in excess ofthe amount deter mined by the Board as payable in respect of medical aid provided under this Part.

(7) Section 79 is amended by striking out "If a worker requires ad ditional medical aid" and substituting "If medical aid is to be pro vided to a worker under this Part'!

(8) Section 81 is repealed and the following is substituted: 81 No part of the cost of any medical aid provided to or in respect of a worker under this

Part is payable by the worker.

(9) The following is added after

section 82: 82.1(1) The Board may make an arrangement with the Minister of Hospitals and Medical Care (in this

section caUed the "Hos pitals Minister") respecting the foUowing matters: (

a) the submission to the Hospitals Minister of all or any specified classes of claims made by persons other than the Board who have provided medical aid to workers under this Part; (

b) the payment of aU or part of the claims referred to in clause (

a) by the Hospitals Minister from the Health Care Insurance Fund under the Alberta Health Care Insurance Act; (

c) the payment by the Board into the General Revenue Fund of aU or part ofthe administrative costs incurred by the Hos pitals Minister imder the arrangement; (

d) the manner in which and the times by which the Board is to reimburse the Health Care Insurance Fund pursuant to subsection (3).

(2) An arrangement under this

section may be effective as of any date not earUer than January 1, 1982.

(3) The Board shaU reimburse the Health Care Insurance Fund for aU payments made from the Health Care Insurance Fund pursuant to an arrangement under this section.

(4) The Board may include in its assessment on employers amounts that wiU enable the Board to carry out its obUgations under an arrangement under this section.

(10) Section 85 is repealed and the following is substituted: 85(1) The Accident Fund heretofore estabUshed is contmued.

(7) Section 79 presently reads: 79 If a worker requires additional medical aid, the Board may. if it considers it appropriate, permit the worker to select the physician of his choice.

(8) Section 81 presently reads: 81 Medical aid to which a worker is entitled uruler this Part, whether in the form of basic health services as defined in the Alberta Health Care Insurance Act. insured services provided for uruier the Hospitals Act or additional medical aid for which the Board is responsible, shaU be provided to or in respect ofthe worker at no cost to him.

(9) Reimbursement for medical aid.

(10) Section 85 presently reads: 85(1) A fund called the "Accident Fund" shaU be provided by contributions to be made by aU employers in industries to which this Act applies m the Explanatory Notes

(2) AU money received by the Board shaU be paid mto the Ac cident Fund and aU expenditures ofthe Board shaU be paid fi-om the Accident Fund.

(3) If at any time there is not sufficient money avaUable in the Accident Fund for the payment of compensation, the Provincial Treasurer may, with the approval of the Lieutenant Governor in CouncU, advance from the General Revenue Fund to the Acci dent Fund amounts not exceeding the amount specified in the order of the Lieutenant Govemor in CouncU subject to any con ditions specified in the order respecting the payment of mterest on the amounts advanced.

(4) Any amount advanced to the Accident Fund pursuant to sub section (3) in any year, and any interest on that amount, shall be repaid by the Board to the Provincial Treasurer not later than the date specified for that purpose by the Lieutenant Govemor in Council in the order under subsection (3).

(11) Section 147(l)(

d) is amended by striking out "additional medical aid" and substituting "medical aid provided'! 4(1) Sections 1(2) and (4), 2(3) and (4) and 3(2)(a), (3), (4), (5), (6), (8), (10) and (11) are deemed to have come into force on January 1, 1982.

(2) Section 1(3), (5), (7) and (8) come into force on Proclamation. In accordance with

section 4(1) ofthe

Interpretation Act. this Bill, except the provisions referred to in

section 4, comes into force on the date it receives Royal Assent.

manner provided in this Act. arui compensation payable in respect of ac cidents and the costs of administration shaU be paid out ofthe Accident Fund.

(2) The Accident Fund maintained under the former Workers' Compen sation Act shaU be incorporated into and form part ofthe Accident Furui referred to in subsection (1).

(3) If at any time there is not sufficient money avaUable in the Accident Fund for payment ofthe compensation that becomes due, the Lieutenant Governor in Council may direct that the compensation be advanced out of the General Revenue Furui, arui in that case the amount advanced shcdl be repaid to the Provincial Treasurer after the next following assessment under this Part.