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Fourth 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 HEALTH CARE ACCOUNTABILITY ACT (HEALTH SERVICES ACT AND HEALTH SERVICES INSURANCE ACT AMENDED)


Explanatory Note

(Assented to                                         )

WHEREAS Roy J. Romanow, Q.C. recommended in his report, Building on Values: The Future of Health Care in Canada (November 2002), that accountability be made a fundamental legal principal in the delivery of health care services;

AND 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:

C.C.S.M. c. H30 amended

1(1)        The Health Services Act is amended by this section.

1(2)        The following is added after section 2:

Fundamental principles of health service delivery

2.1         This Act recognizes and requires that health services delivered under this Act must comply with the following fundamental principles:

(a) the program criteria set out in sections 7 to 12 of the Canada Health Act, which are

(i) public administration,

(ii) comprehensiveness,

(iii) universality,

(iv) portability,

(v) accessibility;

(b) the additional fundamental principle of accountability.

Right to timely access to quality health care

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

Timely access

2.3         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

2.4         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

2.5         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

2.6(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

2.6(2)      Residents also have the right, if they wish, to have their family members, a designated friend and a patient advocate fully informed.

Remedy

2.7         A person whose right in section 2.2 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. c. H35 amended

2(1)        The Health Services Insurance Act is amended by this section.

2(2) The following is added after section 1:

Fundamental principles of health service delivery

1.1         This Act recognizes and requires that health services delivered under this Act must comply with the following fundamental principles:

(a) the program criteria set out in sections 7 to 12 of the Canada Health Act, which are

(i) public administration,

(ii) comprehensiveness,

(iii) universality,

(iv) portability,

(v) accessibility;

(b) the additional fundamental principle of accountability.

Coming into force

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

Explanatory Note

Under this Bill, amendments are made to The Health Services Act and The Health Services Insurance Act to emphasize that health services delivered under those Acts must comply with the program criteria set out in the Canada Health Act and the fundamental principle of accountability.

Amendments are also made to The Health Services Act to establishes the right of all Manitobans to have timely access to quality health care and to be fully informed as to their medical situation.