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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 233

THE FAMILY PHYSICIANS FOR ALL MANITOBANS ACT


Table of Contents Explanatory Note

(Assented to                                         )

WHEREAS timely access to quality health care means that at least 95% of all Manitobans deserve a regular family physician;

AND WHEREAS The College of Family Physicians of Canada and the Canadian Medical Association support the position that all stakeholders should work together to achieve a target of 95% of the population having a regular family physician;

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

Definitions

1(1)        The following definitions apply in this Act.

"college" means The College of Physicians and Surgeons of Manitoba under The Medical Act. (« Collège »)

"family physician" means a physician who is registered in Category 1 of the Manitoba Medical Register under The Medical Act. (« médecin de famille »)

"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice »)

"minister" means a member of the Executive Council. (« ministre »)

"regular family physician" means a family physician located in Manitoba who provides primary medical care and conducts most routine medical procedures. (« médecin de famille régulier »)

"routine medical procedure" includes conducting an annual check-up, administering vaccines and flu shots, and ordering blood and other diagnostic tests. (« acte médical courant »)

"Statistics Canada" means the statistics bureau established under the Statistics Act (Canada). (« Statistique Canada »)

Determining whether an individual has a regular family physician

1(2)        An individual has a regular family physician when he or she has established a patient-physician relationship with a physician who

(a) provides continuing care to that individual on a regular basis over time; and

(b) maintains a continuous medical record for that individual.

College must establish target percentage

2(1)        By September 30 of each calendar year, the college must establish, for the following year, the number of Manitobans who should have a regular family physician, expressed as a percentage of all Manitobans and referred to as "the target percentage" for the following year.

Statistics Canada information to be used

2(2)        The college may use information from Statistics Canada to establish the target percentage.

College must calculate actual percentage

2(3)        By February 15 of each calendar year, the college must calculate the number of Manitobans who had a regular family physician in the previous year, expressed as a percentage of all Manitobans and referred to as "the actual percentage" for that year.

Application

2(4)        Subsection (3) applies beginning January 1, 2012.

College to provide percentages to Minister of Health

3           The college must provide the target percentage and actual percentage to the Minister of Health as soon as each percentage is available.

Minister of Health to publish percentages

4           By March 15 of each year, the Minister of Health must make available to the public the target percentage and actual percentage for the previous year.

Consequences if target percentage not met

5(1)        If the actual percentage calculated for a calendar year is less than the target percentage set for that year, then

(a) the salary of the Minister of Health for the upcoming fiscal year must be reduced in accordance with subsection (2); and

(b) the salary of each minister, other than the Minister of Health, for the upcoming fiscal year must be reduced in accordance with subsection (3).

Salary reduction for Minister of Health

5(2)        When the Minister of Health's salary is to be reduced,

(a) it is to be reduced by 

(i) 20%, or

(ii) if his or her salary was already reduced in the previous fiscal year, 40%,

of the additional salary otherwise payable for that fiscal year to him or her under The Legislative Assembly Act for his or her services as the Minister of Health;

(b) the reduction may be spread out equally over the remaining pay periods in the fiscal year; and

(c) the reduction applies only while he or she is the Minister of Health.

Salary reduction for other ministers

5(3)        When a minister's salary is to be reduced for a fiscal year,

(a) it is to be reduced by 

(i) 10%, or

(ii) if his or her salary was already reduced in the previous fiscal year, 20%,

of the additional salary otherwise payable for that fiscal year to him or her under The Legislative Assembly Act for his or her services as a minister;

(b) the reduction may be spread out equally over the remaining pay periods in the fiscal year; and

(c) the reduction applies only while he or she is a minister.

Application after change in government

5(4)        If the party forming the government after a general election is not the party that formed the government before the election, the salary reduction does not apply to the Minister of Health, or a minister, appointed after the election in respect of the failure to meet the target percentage under subsection (1) in

(a) the fiscal year in which the election occurred; or

(b) the immediately preceding fiscal year.

Application

5(5)        This section applies beginning with the 2012-2013 fiscal year.

Consequential amendment, C.C.S.M. c. M90

6           Section 28 of The Medical Act is renumbered as subsection 28(1) and the following is added as subsection 28(2):

Additional obligations

28(2)       In addition to the powers, rights and privileges referred to in subsection (1), the college must comply with its duties under The Family Physicians for All Manitobans Act.

C.C.S.M. reference

7           This Act may be referred to as chapter F23 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

Explanatory Note

For each year, the College of Physicians and Surgeons of Manitoba must establish a target percentage of Manitobans who should have a regular family physician. It must also calculate the actual percentage of Manitobans who, in that year, had a regular family physician.

If the target percentage for that year is not met, the Minister of Health's salary is reduced by either 20% or 40%. The salary of every other Cabinet minister is reduced by either 10% or 20%.