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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 42

THE HEALTH SERVICES INSURANCE AMENDMENT AND PRESCRIPTION DRUGS COST ASSISTANCE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

PART 1

THE HEALTH SERVICES INSURANCE ACT

C.C.S.M. c. H35 amended

1           The Health Services Insurance Act is amended by this Part.

2           Subsection 75(1) is amended by striking out "75.1.1 and 75.2" and substituting "75.1.1 to 75.2".

3           The following is added after section 75.1.1:

Information to be given to patient utilization review committee

75.1.2(1)   Without limiting section 75.1.1, a practitioner must, upon the committee's request, provide information about the practitioner's care of a patient to a committee established by the minister to monitor patient utilization of health services.

Minimum amount of information

75.1.2(2)   A committee referred to in subsection (1) must limit its request for information about the care of a patient to the minimum amount necessary to properly carry out its duties.

4(1)        Section 75.2 is amended

(a) in clause (a), by adding ", or a hospital, personal care home, surgical facility or other health care facility in which a practitioner's books, accounts or records referred to in clause (b) are kept" at the end;

(b) in clause (b),

(i) by adding "require the production of," at the beginning, and

(ii) by striking out "or maintained in that office relating" and substituting "there that relate"; and

(c) by renumbering it as subsection 75.2(1).

4(2)        The following is added after subsection 75.2(1):

Use of data processing system and copying equipment

75.2(2)     In carrying out an inspection or examination under this section, an inspector may

(a) use a data processing system at the place where the books, accounts or records are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the place; and

(c) use any copying equipment at the place to make copies of any record or document.

Assistance to inspectors

75.2(3)     A practitioner and any other person who has custody or control of a book, account or record must give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and must furnish to the inspector any information the inspector may reasonably require.

Warrant by justice

75.2(4)     A justice who is satisfied by information on oath that an inspector has been prevented from exercising his or her powers under this section may issue a warrant authorizing the inspector and any other person named in the warrant to exercise those powers.

5           Section 77.1 is replaced with the following:

Confidential information

77.1        Every insured person is deemed to have authorized a medical practitioner who rendered services to which the insured person is entitled as a benefit under this Act to provide any of the following committees with such information as it requires:

(a) the medical review committee;

(b) the formal inquiry committee established by subsection 79(1);

(c) a committee established by the minister to monitor patient utilization of health services.

No action lies against a medical practitioner for providing such information.

6           Subsection 85.1(1) is amended by striking out "or the formal inquiry committee" and substituting ", the formal inquiry committee or a committee established by the minister to monitor patient utilization of health services".

7           Section 112.1 is amended by striking out "persons acting on the instructions of the board or either of those committees" and substituting "a committee established by the minister to monitor patient utilization of health services, persons acting on the instructions of the board or any of those committees".

8           Clause 113(1)(k) is amended by adding ", or respecting the manner of determining the services," after "services".

9            The following is added after subsection 128(4):

Use of data processing system and copying equipment

128(5)      In carrying out an inspection or examination under this section, an inspector may

(a) use a data processing system at the place where records, facilities or equipment are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the place; and

(c) use any copying equipment at the place to make copies of any record or document.

Assistance to inspectors

128(6)      A person who has custody or control of records, facilities or equipment must give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and must furnish to the inspector any information the inspector may reasonably require.

Warrant by justice

128(7)      A justice who is satisfied by information on oath that an inspector has been prevented from exercising his or her powers under this section may issue a warrant authorizing the inspector and any other person named in the warrant to exercise those powers.

PART 2

THE PRESCRIPTION DRUGS COST ASSISTANCE ACT

C.C.S.M. c. P115 amended

10          The Prescription Drugs Cost Assistance Act is amended by this Part.

11(1)       Subsections 10(1) and (2) are amended by adding ", registered nurse (extended practice)" after "pharmacist" wherever it occurs.

11(2)       The following is added after subsection 10(2):

Inspection of records

10(2.1)     The minister may appoint inspectors who may, at any reasonable time and upon presentation of identification,

(a) enter any of the following places:

(i) the office of a medical practitioner, dentist, pharmacist, registered nurse (extended practice) or midwife,

(ii) the office of a group of health care professionals, including, without limitation, any described in subclause (i),

(iii) a hospital, surgical facility or other health care facility in which records relating to specified drugs are kept; and

(b) require the production of, examine, audit and make copies of any records, including medical or clinical records, kept in that place that relate to specified drugs.

Use of data processing system and copying equipment

10(2.2)     In carrying out an inspection or examination under this section, an inspector may

(a) use a data processing system at the place where the records are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the place; and

(c) use any copying equipment at the place to make copies of any record or document.

Assistance to inspectors

10(2.3)     A medical practitioner, dentist, pharmacist, registered nurse (extended practice), midwife and any other person who has custody or control of a record must give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and must furnish to the inspector any information the inspector may reasonably require.

Warrant by justice

10(2.4)     A justice who is satisfied by information on oath that an inspector has been prevented from exercising his or her powers under this section may issue a warrant authorizing the inspector and any other person named in the warrant to exercise those powers.

11(3)       Clause 10(4)(a) is amended by striking out "subsection (1) or (2)" and substituting "subsection (1), (2) or (2.1),".

11(4)       Clause 10(5)(g) is amended by adding "registered nursing (extended practice)," after "medicine,".

PART 3

COMING INTO FORCE

Coming into force

12          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill makes several amendments to The Health Services Insurance Act.  The key amendments are as follows:

  • the information-gathering powers of the committee that monitors patient use of the health care system, and the limitations on those powers, are clarified;
  • the power to prescribe services for which no benefit is payable is amended; and
  • the powers of inspectors under various provisions of the Act are made consistent.

This Bill also amends the powers of inspectors under The Prescription Drugs Cost Assistance Act, making them consistent with those under The Health Services Insurance Act.  Other amendments to The Prescription Drugs Cost Assistance Act reflect recent changes in the law allowing "nurse practitioners" to prescribe drugs in certain circumstances.