2nd Session, 43rd Legislature

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Bill 226

THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY AMENDMENT ACT (REPORTING WHEN TIMELY CARE NOT AVAILABLE)

(Assented to                                         )

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

C.C.S.M. c. H26.5 amended

1   The Health System Governance and Accountability Act is amended by this Act.

2   The following is added after Part 4.1:

PART 4.2
INFORMING PATIENT OF INABILITY TO PROVIDE TIMELY CARE

Definitions

53.11(1)   The following definitions apply in this Part.

"hospital services" means hospital services within the meaning of The Health Services Insurance Act. (« services hospitaliers »)

"patient" means an insured person within the meaning of The Health Services Insurance Act. (« malade »)

"serious medical condition" means a medical condition that is likely to cause or directly contribute to the death of a patient. (« problème médical grave »)

Interpretation — medically recommended time period

53.11(2)   For the purpose of this Part, the medically recommended time period within which hospital services are to be provided to a patient for a serious medical condition is the period that is generally recognized in the medical community as being the period within which hospital services should be provided to prevent

(a) the death of the patient; or

(b) the condition of the patient from worsening and causing permanent serious negative impacts on the patient's health.

PATIENTS MUST BE INFORMED OF OPTIONS FOR CARE

Health authority to determine time periods related to services

53.12(1)   If a physician recommends that a patient receive hospital services to treat their serious medical condition, the applicable health authority must determine

(a) the medically recommended time period within which the patient should receive the recommended hospital services; and

(b) when the health authority believes it will reasonably be able to provide the hospital services.

Notice when timely care not available

53.12(2)   If the health authority determines that it is not able to provide the recommended hospital services to the patient within the medically recommended time period or arrange for the provision of the hospital services elsewhere, the health authority must give the patient a written statement that sets out the following:

(a) the hospital services that have been recommended to treat the patient's serious medical condition;

(b) the medically recommended time period within which the patient should receive the hospital services;

(c) the date before which the health authority reasonably believes it will be able to provide the hospital services;

(d) the options that the patient may wish to explore to obtain equivalent services outside Manitoba.

REPORTING OF PATIENT DEATHS WHILE AWAITING CARE

Health authority must report on patient deaths while awaiting care

53.13(1)   A health authority must report to the minister when

(a) a patient who was scheduled to receive hospital services for a serious medical condition dies before receiving the hospital services; and

(b) the physician who was providing care to the patient is of the reasonable opinion that the death of the patient was caused by or directly attributable to the patient's serious medical condition.

Annual reporting by minister

53.13(2)   Within 60 days after the end of each year, the minister must prepare a report setting out the number of deaths reported under subsection (1) in the year.

Publication of annual report

53.13(3)   The minister must publish the annual report on a publicly available government website immediately after it is prepared.

Tabling report in the Assembly

53.13(4)   The minister must table a copy of the annual report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister publishes it under subsection (3).

Coming into force

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