C.C.S.M. c. H35
The Health Services Insurance Act
1(1) | Manitoba Health Services Insurance Plan |
(2) | Continuation of previous plans |
2(1) | Definitions |
(2) | |
(3) | Other dependants |
(4) | Meaning of "employer" |
(5) | Determination of attendance at educational institution |
3(1) | Minister responsible for administration of plan |
(2) | Powers of minister |
(3) | Contracts and agreements |
(4) | Grants |
(5) | Minister may delegate |
4 | Records |
5(1) | Annual budget |
(2) | Fiscal year |
6(1) | Financial statements |
(2) | Annual report |
7 | Audit |
8 | Insurance Act does not apply |
9(1) | Manitoba Health Appeal Board established |
(2) | Term of office |
(3) | Chairperson and vice-chairperson |
(4) | Remuneration and expenses |
(5) | Duties |
(6) | Quorum |
(7) | Panels |
(8) | Reference to board |
(9) | Decision of board |
(10) | Procedure |
(11) | Administrative support |
(12) | |
10(1) | Right of appeal |
(2) | Notice of appeal |
(3) | Notice to person who made decision |
(4) | Informal proceedings |
(5) | Powers of board on appeal |
(6) | Panels |
(7) | Continuation after loss of panel member |
11 and 12 | |
12.1 | |
13 to 16 | |
17 | |
18 | |
18.1 | |
19 to 26 | |
27 | Disposal of moneys received from Canada |
28 | Fund continued |
29 | Credits to fund |
30 | Payments from the fund |
31(1) | Banking |
(2) | Investment |
(3) | Fund not part of Consolidated Fund |
32(1) | Payments from Consolidated Fund |
(2) | Special advances |
33 | Insured persons |
33.1 | Benefits to persons insured in other provinces |
34 | Premium for groups |
35 | Amendments of agreements on removal of premium |
36 | Amendment of pension etc. |
37 | Registration of residents |
38 | Registration by employers |
39 | Duty of Registrar |
40 | Issue of registration certificates |
41 | Presentation of registration certificate |
42 | General penalty |
42.1 | Prosecution within two years |
43 | Fraudulent production of registration certificate an offence |
44 | Disposal of additional fine |
45 | |
46(1) | Insured hospital and personal care services |
(2) | Designation of personal care homes |
47 | Certain cases excluded |
48(1) | Right to payment for hospital and out-patient services |
(2) | No charge to insured person |
(3) | No charge for out-patient services in a surgical facility |
(4) | No collection from others for out-patient services in a surgical facility |
49 | Terms of provision of hospital services |
50(1) | Agreements with Canada |
(2) | Payment by minister of cost of hospital services to insured persons |
(2.1) | Payments to regional health authority |
(3) | Withholding of payments |
(3.1) | Withholding of payments where hospital is in a health region |
51(1) | Effect of making payments |
(2) | Effect of making payments to regional health authority |
52 | Payments to Canadian Government Hospitals |
53(1) | Payments in respect of hospitalization outside the province |
(2) | Alternative payments for outside hospitalization |
54(1) | Hospitalization in mental hospitals outside province |
(2) | Definitions |
55 | Recovery of overpayments |
56 | Designation of budget officer |
57(1) | Definition of "hospital" |
(1.1) | Duties of budget officer re hospital budgets |
(2) | Notification of hospital |
(3) | Recommendation to minister |
(4) | Hospital may request referral |
(5) | Referral to the board |
58 | Rates |
59 | |
60(1) | Retention of moneys by minister in reduction of overpayments |
(2) | Annual adjustment of payments to hospitals |
(3) | Additions and deductions |
61 | Application of budget review to personal care homes |
62 | Accounting systems required |
63(1) | Inspectors |
(2) | Certificate to be produced |
(3) | Entry and inspection |
(4) | Assistance to inspector |
64(1) | Rates of payments to hospitals and personal care homes |
(2) | Rates of payments to surgical facilities |
64.1(1) | Agreement with surgical facility |
(2) | Requirements for agreement |
64.2(1) | No overnight stay in surgical facility |
(2) | Restraining order |
(3) | Offence |
65 | Agreement with outside hospitals |
66 | Unauthorized charging an offence |
67 | |
68(1) | Agreements with participating hospital and medical provinces |
(2) | Rights under agreement |
69 | Agreements to act as trustee for hospitals |
70(1) | Restrictions respecting sale of facilities |
(2) | Regional health authority requires approval of minister |
(3) | Approvals may be subject to conditions |
71 | Insurance for other health services |
72 | Communication of information |
73 | |
74 | Agreements re medical fees and payments |
75(1) | Interpretation |
(2) | Special arrangements for remuneration |
(3) | Amount of remuneration |
75.1(1) | Agreements with Workers Compensation Board |
(2) | Agreement with M.P.I.C. |
75.1.1 | Particulars of claims |
75.1.2(1) | Information to be given to patient utilization review committee |
(2) | Minimum amount of information |
75.2(1) | Inspection of records |
(2) | Use of data processing system and copying equipment |
(3) | Assistance to inspectors |
(4) | Warrant by justice |
76(1) | Agreement re medical review committee |
(2) | Agreement with M.M.A. |
(3) | Where no agreement concluded |
76.1(1) | Duties of medical review committee |
(2) | Application to former practitioners |
77(1) | Investigation |
(2) | Records and information |
(3) | Failure to produce records |
77.1 | Confidential information |
78(1) | Decision of medical review committee |
(2) | Referral to formal inquiry committee |
(3) | Decision to be served on physician |
(4) | Examination of documentary evidence |
79(1) | Formal inquiry committee |
(2) | Where College or M.M.A. does not appoint |
(3) | Term of appointment |
(4) | Chairperson |
(5) | Appointment of alternate members |
(6) | Disqualification |
(7) | Quorum |
80(1) | Remuneration |
(2) | Administrative support |
80.1 | Procedure |
81(1) | Hearing by formal inquiry committee |
(2) | Notice of hearing |
(3) | Contents of notice |
(4) | Appearances at hearing |
(5) | Hearing to be private |
81.1 | Medical review committee to forward material |
82(1) | Power to administer oaths |
(2) | Witnesses and records |
(3) | Notice to attend and produce records |
(4) | Exception for patients |
(5) | Failure to attend or give evidence |
82.1 | Hearing in absence of investigated medical practitioner |
83 | Recording of evidence |
83.1 | Finding of formal inquiry committee |
84(1) | Order of formal inquiry committee |
(2) | Costs |
(3) | Service of order |
84.1(1) | Record of hearing |
(2) | Identifying information |
(3) | Examination of record |
(4) | Copies of the record |
84.2(1) | Recovery of amount owing |
(2) | Filing of order |
84.3(1) | Interest on unpaid amount |
(2) | Interest may be recovered |
84.4(1) | Appeal to Court of Appeal |
(2) | Notice of appeal |
(3) | Appeal on the record |
(4) | Powers of Court on appeal |
85 | Appeal does not operate as stay |
85.1(1) | Disclosure of information |
(2) | Right of M.M.A. and College of Physicians and Surgeons to information |
(3) | Exception re order of formal inquiry committee |
86(1) | Payment of benefits direct to insured persons |
(2) | Larger payment for services received outside province |
(3) | Direct payments to out of province practitioners |
87 | Payment not to exceed benefits |
88 | Payment not to exceed fees charged |
89(1) | Payment of benefits to government |
(2) | Agreements with doctors outside Manitoba |
90(1) | Right to select medical practitioner |
(2) | Right of medical practitioner to refuse service |
91(1) | Medical practitioner may opt out |
(2) | Date of effect of notice by new doctor |
(3) | Date of effect of notice by other doctors |
92 | Revocation of election |
93 | Collection of medical fees direct from patient |
94 | Statement by opted out doctor |
95(1) | Fees in excess of benefits prohibited |
(2) | Penalty |
(3) | Refund of excessive part of fee |
95.1(1) | Interpretation |
(2) | Recovery of money from persons |
(3) | Recovery of money from practitioners |
(4) | Minister may recover money by action |
(5) | Application |
96(1) | Termination of certain contracts and prohibition of others |
(2) | Limitation on subsection (1) |
(3) | Offence and penalty |
(4) | Insurance during waiting period permitted |
(5) | Saving |
97(1) | Definition of past and future insured services |
(2) | Action by insured person for cost of insured services |
(3) | Cost of hospital services |
(4) | Certificate |
(5) | Admissibility of certificate |
98 | Requirement to notify the minister |
98.1(1) | Information from insured person |
(2) | Information from others |
98.2(1) | Duty to cooperate |
(2) | Duty applies in all cases |
99 | Judgment creditor a trustee for minister |
99.1 | Judge to divide award |
99.2(1) | Insufficient amount of recovery |
(2) | Exception for undue hardship |
(3) | Minister may waive rights |
100 | Payment to minister by judgment debtor |
101 | Recovery of proportionate parts of damages |
102(1) | Consent of minister to settlement |
(2) | Consent not required |
103 | Action under M.P.I.C. Act |
104(1) | Appeal by minister |
(2) | Notice of intention to appeal |
(3) | Stay of proceedings and abandonment of appeal |
105 | Consent of minister to abandonment of action |
106(1) | Right of minister to bring action |
(2) | Action under M.P.I.C. Act |
107 | Defences to action by minister |
108 | Action of minister on death of insured person |
109 | Limitation on minister's right to bring action |
110(1) | Extension of time: abandonment or discontinuance |
(2) | Extension of time: failure to give notice |
110.1(1) | Interest |
(2) | Calculation |
110.2 | Periodic payments |
111 | Application for joint trial |
112 | Settlement and discharge of liability |
112.1 | Protection from liability |
113(1) | Regulations by L.G. in C. |
(2) | Retroactive regulations |
(3) | Regulations prescribing authorized charges |
114 | |
115 | Application of provisions to personal care and personal care homes |
116(1) | Regulations by minister |
(2) | Retroactive regulation |
117 | Regulations respecting personal care |
118(1) | Personal care home licence |
(2) | Application for licence |
(3) | Regional health authority approval |
(4) | Transitional |
118.1(1) | Issuing a licence |
(2) | Terms and conditions |
(3) | Term of licence |
(4) | Licence not transferable |
118.2(1) | Refusal to issue a licence |
(2) | Suspension or cancellation of licence |
(3) | Notice |
(4) | Interim licence |
118.3 | Appeal |
118.4(1) | Inspectors |
(2) | Powers of inspectors |
(3) | |
(4) | Use of data processing system and copying equipment |
(5) | Assistance to inspectors |
(6) | Warrant by justice |
(7) | Obstruction |
118.5(1) | Regulations |
(2) | Scope of regulations |
119 | Definitions |
120 | Appointment of approving officer |
121(1) | Approval required for laboratory |
(2) | Granting of approval |
(3) | Conditions of approval |
(4) | Entitlement to approval |
122(1) | Grounds for refusal — location |
(2) | Grounds for refusal — tests and specimens |
123 | Matters to be considered |
124 | Further grounds for refusal of approval |
125(1) | Operator to be named in approval |
(2) | Notice of changes |
126 | Revocation of approval |
127(1) | Appeal |
(2) and (3) | |
128(1) | Appointment of inspectors |
(2) | Powers of inspectors |
(3) | Entry to be permitted |
(4) | Records to be produced |
(5) | Use of data processing system and copying equipment |
(6) | Assistance to inspectors |
(7) | Warrant by justice |
129 | Regulations |
130 | Offence and penalty |
131 | |
132(1) | Commission discontinued |
(2) | Property, assets, etc. of commission transferred |
(3) | Obligations of commission transferred |
(4) | Licences, approvals, etc. |
(5) | References in documents |
(6) | Closing out affairs of commission |
(7) | Commencement of legal proceedings |
(8) | Continuation of legal proceedings |