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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 220

THE RIGHT TO TIMELY ACCESS TO QUALITY HEALTH CARE ACT


Table of Contents Explanatory Note

(Assented to                                         )

WHEREAS one of the most important attributes of a properly functioning health care system is timely access to quality care;

AND WHEREAS failure to get timely access to quality health care can contribute to the development of complications and the progression of illness, including death;

AND WHEREAS the absence of timely access to quality health care often leads to extra costs to the health care system, including costs for extra physician visits, extra medical tests or extra medications;

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

Definition

1           In this Act, "health care" means those health care services to which an insured person is entitled as a benefit under The Health Services Insurance Act and the regulations under that Act.

Right to timely access to quality health care

2           All residents of Manitoba have the right to timely access to quality health care.

Timely access

3           The determination of whether a person's access to health care is timely must be based on scientific evidence, including evidence that while the person waits for health care there is not a high likelihood of

(a) the disease or condition progressing;

(b) complications arising; or

(c) the person experiencing extreme pain or long-term chronic pain.

Quality health care

4           The determination of whether the health care a person receives is quality health care must be based on scientific evidence, including evidence

(a) that the net effect of providing the health care will improve the person's quality of life;

(b) that the health care will do more good than harm for the person; and

(c) that it is the best care that can be provided, based on international standards or a reasonable alternative.

Corrective measures

5           If a person believes that he or she is not receiving timely access to quality health care, the body or person that has the authority to remedy the situation has a responsibility to take corrective measures that are designed

(a) in relation to the person, to give effect to the person's right to receive timely access to quality health care, to the extent that it can be achieved; and

(b) generally, to prevent similar occurrences in the future.

Right to be informed

6(1)        All residents of Manitoba have the right to be fully informed as to their own medical situation.  This includes

(a) the right to be advised of the options for treatment and for promoting better health that are available to them;

(b) the right to participate actively in the decision as to which treatment to receive;

(c) the right to information on the qualifications and experience of the health care professionals from whom they receive health care;

(d) the right to receive considerate, compassionate and respectful health care; and

(e) the right to communicate with health professionals in confidence.

Right to have family members and others informed

6(2)        Residents also have the right, if they wish, to have their family members, a designated friend and a patient advocate fully informed.

Remedy

7           A person whose right in section 2 has been infringed or denied may apply to a court of competent jurisdiction to obtain any remedy that the court considers appropriate and just in the circumstances.

C.C.S.M. reference

8           This Act may be referred to as chapter R155 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9           This Act comes into force six months after the day it receives royal assent.

Explanatory Note

This Bill establishes the right of all Manitobans to have timely access to quality health care and to be fully informed as to their medical situation.