Skip to main content
The Health Services Insurance Act

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(2) Repealed
(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(12) Repealed
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11 and 12 Repealed
12.1 Repealed
13 to 16 Repealed
17 Repealed
18 Repealed
18.1 Repealed
19 to 26 Repealed
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45 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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) Repealed
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 Repealed
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