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The Regional Health Authorities Amendment Act (Accountability and Transparency)

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2011, c. 28

Bill 38, 5th Session, 39th Legislature

The Regional Health Authorities Amendment Act (Accountability and Transparency)

(Assented to June 16, 2011)

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

C.C.S.M. c. R34 amended

1           The Regional Health Authorities Act is amended by this Act.

2(1)        Clause 23(2)(b) is amended by adding ", and publish reports about the assessments on the authority's website as required by the minister" at the end.

2(2)        The following is added after clause 23(2)(c):

(c.1) prepare, implement and publish on the authority's website a regional strategic plan that

(i) includes the vision, mission and strategic priorities for the health region, and

(ii) incorporates

(A) the health needs in the health region as assessed under clause (b), and

(B) the objectives and priorities developed under clause (c);

(c.2) review and revise its regional strategic plan at least once every five years, and more frequently if required by the minister;

3           The following is added after section 23:

Accreditation of regional health authority

23.1(1)     A regional health authority must, in accordance with guidelines provided by the minister, ensure that

(a) it is accredited by the health accreditation body or bodies approved by the minister;

(b) any health corporation or health care organization that provides health services in its health region, and is in receipt of payments or funding from the regional health authority, participates in the authority's accreditation process; and

(c) its accreditation is maintained at all times.

Copy of accreditation report to be made public

23.1(2)     Within 60 days after receiving a final report about accreditation from an approved health accreditation body, the regional health authority must

(a) provide a copy of the report to the minister; and

(b) publish the report on the authority's website.

4           The following is added after section 24:

Declaration of patient values

24.1        A regional health authority must, within the time specified by the minister and after consulting with residents of its health region, establish a declaration of patient values, in accordance with guidelines and procedures provided by the minister, and make it available to the public.

Process for resolving patient concerns

24.2(1)     A regional health authority must, within the time specified by the minister, establish a process for receiving and addressing patient concerns, including complaints, and make information about that process available to the public.

Requirements for resolution process

24.2(2)     A regional health authority's process for resolving patient concerns must

(a) reflect the content of the authority's declaration of patient values; and

(b) be in accordance with the requirements set out in the regulations.

5           The following is added after section 33:

Definition: "corporate costs"

33.1(1)     In this section, "corporate costs" means the costs of operating a regional health authority that are prescribed in the regulations.

Prescribing corporate costs and limits

33.1(2)     The minister may by regulation

(a) prescribe corporate costs for the purpose of this section; and

(b) prescribe limits on corporate costs.

Limits may be different

33.1(3)     A regulation under clause (2)(b) may prescribe different limits for different regional health authorities.

Corporate costs not to exceed limits

33.1(4)     A regional health authority must ensure that its corporate costs do not exceed the following limits:

(a) in the case of a regional health authority established in The City of Winnipeg,

(i) 2.99% of the total operating costs of the regional health authority for the fiscal year, or

(ii) any smaller percentage of the total operating costs that may be prescribed under clause (2)(b) for a regional health authority established in The City of Winnipeg;

(b) in the case of any other regional health authority, the limit prescribed under clause (2)(b).

6           The following is added after section 37:

Quality and patient safety reporting

37.1(1)     A regional health authority, health corporation or health care organization must, as specified by the regulations, make periodic public reports about matters relating to the quality of health services provided and patient safety, at the time and in the form specified by the regulations.

Reports not to contain personal information or personal health information

37.1(2)     A report made under subsection (1) must not contain personal information or personal health information, as those terms are defined in section 53.1.

7(1)        Subsection 38(1) is amended by adding ", and publish on the authority's website," after "submit to the minister".

7(2)        Subsection 38(2) is amended by adding the following after clause (b):

(b.1) a report respecting activities undertaken to support and promote the values contained in the declaration of patient values of the regional health authority;

(b.2) a statement of the corporate costs, as defined in subsection 33.1(1), of the regional health authority;

8           The following is added after section 38:

Information about expenses paid to CEO to be published on authority's website

38.1(1)     A regional health authority must, by June 30 following the end of each fiscal year, publish on its website, in accordance with the regulations, the following information about expenses paid to its chief executive officer in that fiscal year:

(a) details, as prescribed by the regulations, of information contained in expense claims in relation to expenses paid to the chief executive officer in the fiscal year;

(b) the expenses paid to the chief executive officer for the fiscal year, in relation to each claim referred to in clause (a);

(c) a statement as to how members of the public may examine, subject to subsection (2), copies of receipts or other documentation submitted in support of the chief executive officer's expense claims.

Information that is not to be published

38.1(2)     Information that would identify a personal bank account, personal credit card account or any other personal account of the chief executive officer or any other person shall not be published on the website or made available for examination by a member of the public.

9           Section 54 is amended by adding the following after clause (b):

(b.1) shall, if it provides health services in a health region, and in accordance with guidelines provided by the minister, ensure that it is accredited or participates in the accreditation process of the regional health authority for the health region;

10          Section 60 is amended

(a) in the section heading of the French version, by striking out "Arrêtés" and substituting "Règlements";

(b) in the part before clause (a) of the French version, by striking out "arrêté" and substituting "règlement";

(c) by adding the following after clause (c):

(c.1) respecting requirements for regional health authorities, health corporations and health care organizations to make periodic public reports about matters relating to the quality of health services provided and patient safety, including,

(i) indicators of the quality of health services provided or funded by the regional health authority, health corporation or health care organization, and

(ii) activities relating to patient safety undertaken by the regional health authority, health corporation or health care organization;

(d) by adding the following after clause (e):

(e.1) prescribing corporate costs and limits on corporate costs for the purposes of section 33.1;

(e) by adding the following after clause (h):

(h.1) respecting the obligation of a regional health authority to publish on its website information about expenses paid to its chief executive officer, including prescribing details that must be published in relation to claims for which expenses were paid;

(f) by adding the following after clause (p):

(p.1) respecting requirements in relation to a regional health authority's process for resolving patient concerns;

(g) in clause (q), by striking out "complaints" and substituting "concerns, including complaints".

Coming into force

11(1)       Subject to subsection (2), this Act comes into force on the day that it receives royal assent.

11(2)       The following provisions come into force on a day to be fixed by proclamation:

(a) sections 3 to 5;

(b) subsection 7(2);

(c) sections 8 and 9;

(d) clauses 10(d) to (f).