HomeC.C.S.M. c. H35
The Health Services Insurance Act
| Back to the Act | Regulations |
| 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 |
