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S.M. 1996, c. 43

THE HEALTH SERVICES INSURANCE AMENDMENT ACT (2)


 

(Assented to November 19, 1996)

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

C.C.S.M. c. H35 amended

1

The Health Services Insurance Act is amended by this Act.

2(1)

The definition "authorized charges" in subsection 2(1) is repealed and the following is substituted:

"authorized charges" means the charges, determined in accordance with the regulations, that may be made directly to persons for hospital services, medical services, personal care and other health services under the plan but not including charges made by way of a premium or other amount not directly related to a specific service; (« frais admissibles »)

2(2)

The definition "resident" in subsection 2(1) is repealed and the following is substituted:

"resident" means a person who is legally entitled to be in Canada, makes his or her home in Manitoba, and is physically present in Manitoba for at least six months in a calendar year, and

(a) includes any other person classified as a resident in the regulations,

(b) does not include a person who holds a minister's permit under the Immigration Act (Canada), unless the minister determines otherwise; (« résident »)

3

Clause 85.1(1)(b) is repealed and the following is substituted:

(b) the medical services rendered by a medical practitioner to a patient, including information contained in a medical or clinical record;

4

The following is added after subsection 95.1(4):

Application

95.1(5)

If a medical practitioner's right to practice medicine is suspended, cancelled or not renewed, whether before or after this subsection comes into force, this section applies as if his or her right to practice were still in effect.

5(1)

Subsection 113(1) is amended

(a) by repealing clause (m) and substituting the following:

(m) prescribing the authorized charges or governing the manner of determining the authorized charges that may be made directly to a person, and governing the information or documentation that is to be provided before a determination is made;

(b) by repealing clause (t) and substituting the following:

(t) respecting the manner of, and other details relating to, payments of benefits to or on behalf of insured persons, except to the extent provided for in clause 116(g);

5(2)

The following is added after subsection 113(2):

Regulations prescribing authorized charges

113(3)

A regulation under clause (1)(m) may prescribe or determine different authorized charges for different classes of persons.

6

Section 116 is amended by adding the following after clause (f):

(g) respecting the manner of, and other details relating to, payments of benefits to or on behalf of insured persons in respect of services rendered by medical practitioners.

Validation of regulations

7

Manitoba Regulations 144/93 and 145/93 are validated and declared to have been lawfully made, and everything done under those regulations, which would have been lawful had subsection 2(1), clause 5(1)(a) and subsection 5(2) of this Act been in force at the time, is deemed to have been lawfully done.

Coming into force

8

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