3rd Session, 43rd Legislature

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Bill 27

THE DECLARATION OF PRINCIPLES FOR PATIENT HEALTH CARE ACT AND AMENDMENTS TO THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY ACT

(Assented to                                         )

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

Declaration of Principles for Patient Health Care Act

1   The Declaration of Principles for Patient Health Care Act set out in Schedule A is hereby enacted.

Health System Governance and Accountability Amendment Act

2   The Health System Governance and Accountability Amendment Act set out in Schedule B is hereby enacted.

Coming into force

3(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

3(2)   The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

SCHEDULE A

THE DECLARATION OF PRINCIPLES FOR PATIENT HEALTH CARE ACT

TABLE OF CONTENTS

Section

1  Definitions

2  Guiding principles

3  Expectations

4  Patient assistance

5  No rights, remedies

6  C.C.S.M. reference

7  Coming into force

THE DECLARATION OF PRINCIPLES FOR PATIENT HEALTH CARE ACT

WHEREAS Manitoba is committed to the principles in the Canada Health Act of comprehensiveness, universality, portability, accessibility and public administration in relation to the provision of health services in Manitoba;

AND WHEREAS Manitoba is also committed to principles that support patient-centred health care and that guide decision making for and engagement with the health system;

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

Definitions

1   The following definitions apply in this Act.

"association", "college" and "regulated health profession" have the same meaning as in section 163.1 of The Regulated Health Professions Act. (« association », « ordre professionnel » et « profession de la santé réglementée »)

"health authority" means a health authority as defined in The Health System Governance and Accountability Act. (« office de la santé »)

"health care delivery organization" means a health care organization or a health corporation as those terms are defined in The Health System Governance and Accountability Act. (« organisme dispensant des soins de santé »)

"health department" means the department through which The Health Administration Act is administered. (« ministère responsable »)

Guiding principles

2   In making decisions about Manitoba's health system, the government is to be guided by the following principles:

1.Patients are to receive quality health care that is safe.

2.Patients are to have reasonable access to timely and appropriate health care, including primary care, in accordance with clinical guidelines.

3.Patients are to have access to health care based on need, not the ability to pay.

4.Patients are to receive health care delivered in ways that demonstrate an understanding of their experiences, a recognition of their perspectives and a timely response to their health needs.

Expectations

3(1)   A patient receiving health care from or otherwise interacting with the health system can expect the following:

Respect and dignity: They will be treated with respect and dignity.

Timely access: They will receive reasonably timely access to quality health care in accordance with clinical guidelines.

Community access: They will receive access to quality health care to the extent reasonably possible in or close to their community.

Safe care: They will receive quality health care in a safe environment delivered by competent health care providers engaging in best practices.

Privacy and confidentiality: The confidentiality and privacy of their personal health information will be respected in accordance with The Personal Health Information Act.

Clear communication: They will be informed about their health situation and treatment options in ways that they understand so that they can make informed decisions about their health and health care.

Participation: As appropriate, they will be able to participate fully in the health care provided to them.

Opportunity to raise concerns: They will be able to raise concerns about their health care and receive a timely response to their concerns without fear of retribution or negative impact on the health care they receive.

Patient engagement

3(2)   A patient receiving health care from or otherwise interacting with the health system is expected to engage with the system as follows:

Respect and dignity: They will respect other patients and the health care providers involved in their care and treat the providers with dignity.

Participation: To the best of their abilities and given their circumstances, they will participate in their health care by asking questions and working with health care providers to understand the information and plan for their care.

Statements to be made public

3(3)   The government and each health authority and health care delivery organization must post the statements respecting expectations and patient engagement

(a) on a publicly available website; and

(b) in a clearly visible and prominent place where health care is delivered.

Statements to be made public by regulated health professionals

3(4)   If members of a regulated health profession provide health care in places other than a facility owned or operated by a health authority or health care delivery organization, the college or association for that regulated health profession must ensure that the statements respecting expectations and patient engagement are clearly visibly and prominently posted in such places.

Patient assistance

4(1)   To assist patients in asking questions or raising concerns about the delivery of their health care,

(a) the government must designate an office of patient advocacy, experience and quality within the health department; and

(b) each health authority and health care delivery organization must designate one or more employees as patient advocacy officers.

Information re office

4(2)   The government must post on a publicly available website

(a) the contact information for the office of patient advocacy, experience and quality; and

(b) clear and understandable information about the avenues available for patients to ask questions or raise concerns about the delivery of their health care.

Information re patient advocacy officer

4(3)   Each health authority and health care delivery organization must post the contact information for the patient advocacy officer and clear and understandable information about the avenues available to ask questions or raise concerns about the delivery of health care

(a) on a publicly available website; and

(b) in a clearly visible and prominent place where health care is delivered.

Information re regulated health profession complaint process

4(4)   Each college or association of a regulated health profession must

(a) provide clear and understandable information about the process for making a complaint about the conduct of a member of the college or association; and

(b) post that information on a publicly available website.

No rights, remedies

5(1)   This Act does not affect or create rights or remedies under any other enactment or the common law or equity.

No cause of action, proceeding

5(2)   A failure to comply with this Act does not give rise to a cause of action or other claim or to a proceeding in any court or before any body or person having the power to make decisions under an enactment.

C.C.S.M. reference

6   This Act may be referred to as chapter P12.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

7   This Act comes into force on a day to be fixed by proclamation.

SCHEDULE B

THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY AMENDMENT ACT

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 section 53.4.1:

Reports to provincial health authority

53.4.2(1)   The minister may provide copies of the information and reports about a critical incident that the minister receives under subsections 53.3(5) and 53.4(3) to the provincial health authority for the purposes of

(a) obtaining clinical and technical advice from the provincial health authority about the matters addressed in the information and reports; and

(b) ensuring the provincial health authority has information about critical incidents in order to monitor patient safety issues.

Reports to other health authorities

53.4.2(2)   The minister may provide information about critical incidents that the minister receives under subsections 53.3(5) and 53.4(3) to a health authority for the purpose of preventing similar incidents from occurring in the future.

Coming into force

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