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The Health Services Insurance Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1995, c. 26

The Health Services Insurance Amendment Act

(Assented to November 3, 1995)

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

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

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

2            Subsection 9(12) is repealed.

3            The following is added after section 42:

Prosecution within two years

42.1            A prosecution for any offence under this Act or the regulations may be commenced not later than two years after the later of

(a) the day on which the offence was committed; or

(b) the day on which evidence of the offence first came to the attention of the minister.

4            Clause 72(b) is amended by striking out "The Manitoba Optometric Society" and substituting "the Manitoba Association of Optometrists".

5            Clause 75.2(b) is repealed and the following is substituted:

(b) examine, audit and make copies of any books, accounts and records, including medical or clinical records, kept or maintained in that office relating to claims for benefits for insured services.

6           Section 76.1 is amended by renumbering it as subsection 76.1(1) and by adding the following as subsection 76.1(2):

Application to former practitioners

76.1(2)      If a medical practitioner's right to practice medicine is suspended, cancelled or not renewed, whether before or after this subsection comes into force, this section and sections 77 to 85.1 apply as if his or her right to practice were still in effect.

7            Subsection 81(1) is amended by adding "to determine whether the past or present pattern of practice of the investigated medical practitioner departs from the average pattern of practice of medical practitioners who, in the opinion of the committee, practice in comparable circumstances" after "a hearing".

8           Subsection 95.1(3) is amended

(a) in the part preceding clause (a), by adding ", or to an insured person in respect of  a service provided by a medical practitioner who has made an election under subsection 91(1)," after "service"; and

(b) by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b), and by adding the following as clause (c):

(c) the practitioner has failed to provide the information referred to in section 75.1.1 in respect of a service;

9            The following is added after section 112:

Protection from liability

112.1           Members of the board, the medical review committee, the formal inquiry committee, persons acting on the instructions of the board or either of those committees, and persons engaged in the administration of this Act, are not personally liable for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this or any other Act or regulation, or for any neglect or default in the performance or exercise in good faith of the duty or power.

10           Clause 113(1)(z) is repealed and the following is substituted:

(z) permitting personal care homes to hold funds in trust for residents, including

(i) regulating the manner in which the funds are to be held and administered,

(ii) governing agreements between residents and personal care homes about the funds,

(iii) permitting personal care homes to deposit the funds in an interest-bearing account kept by the personal care home for its residents generally, and

(iv) permitting any interest earnings accrued from an account kept for residents generally to be used for the benefit of residents generally;

Transitional

11          The provisions of The Health Services Insurance Act enacted by sections 6 and 7 of this Act apply to a review, investigation, hearing or other proceeding relating to a medical practitioner's pattern of practice that is commenced but not concluded under that Act on the day this Act comes into force.

Coming into force

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