3rd Session, 42nd Legislature

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Bill 219

THE HEALTH CARE ACCOUNTABILITY AND TIMELY ACCESS ACT (THE HEALTH CARE ACT AND AMENDMENTS TO THE HEALTH SERVICES INSURANCE ACT)

(Assented to                                         )

WHEREAS Roy J. Romanow, Q.C. recommended in his November 2002 report Building on Values: The Future of Health Care in Canada that accountability be made a fundamental legal principle 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:

PART 1

THE HEALTH CARE ACT

Fundamental principles of health care delivery

1

This Act recognizes and requires that health care delivery in Manitoba 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, and

(v) accessibility;

(b) the additional fundamental principle of accountability.

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 they are not receiving timely access to quality health care, the organization 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

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

7

All residents of Manitoba have the right to have any individual, including family, friends or patient advocates, fully informed as to their medical situation.

Remedy

8

A person whose right under 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.

PART 2

THE HEALTH SERVICES INSURANCE ACT

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

9(1)

The Health Services Insurance Act is amended by this Part.

9(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, and

(v) accessibility;

(b) the additional fundamental principle of accountability.

PART 3

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

10

This Act may be cited as The Health Care Act and referred to as chapter H26.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

11

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