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C.C.S.M. c. H35
The Health Services Insurance Act
Table of Contents
| 1 | Manitoba Health Services Insurance Plan | |
| (2) | Continuation of previous plans | |
| 2 | Definitions | |
| (2) | [Repealed] | |
| (3) | Other dependants | |
| (4) | Meaning of "employer" | |
| (5) | Determination of attendance at educational institution | |
| 3 | Minister responsible for administration of plan | |
| (2) | Powers of minister | |
| (3) | Contracts and agreements | |
| (4) | Grants | |
| (5) | Minister may delegate | |
| 4 | Records | |
| 5 | Annual budget | |
| (2) | Fiscal year | |
| 6 | Financial statements | |
| (2) | Annual report | |
| 7 | Audit | |
| 8 | Insurance Act does not apply | |
| 9 | 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| (12) | [Repealed] | |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 | 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| 11 and 12 | [Repealed] | |
| 12.1 | [Repealed] | |
| 13 to 16 | [Repealed] | |
| 17 | [Repealed] | |
| 18 | [Repealed] | |
| 18.1 | [Repealed] | |
| 19 to 26 | [Repealed] | |
| 27 | [Repealed] | |
| 28 | [Repealed] | |
| 29 | [Repealed] | |
| 30 | [Repealed] | |
| 31 | [Repealed] | |
| 32 | [Repealed] | |
| 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| 45 | [Repealed] | |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 | Insured hospital and personal care services | |
| (2) | Designation of personal care homes | |
| 47 | Certain cases excluded | |
| 48 | 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 | 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 | Effect of making payments | |
| (2) | Effect of making payments to regional health authority | |
| 52 | Payments to Canadian Government Hospitals | |
| 53 | Payments in respect of hospitalization outside the province | |
| (2) | Alternative payments for outside hospitalization | |
| 54 | Hospitalization in mental hospitals outside province | |
| (2) | Definitions | |
| 55 | Recovery of overpayments | |
| 56 | Designation of budget officer | |
| 57 | 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 | 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 | Inspectors | |
| (2) | Certificate to be produced | |
| (3) | Entry and inspection | |
| (4) | Assistance to inspector | |
| 64 | Rates of payments to hospitals and personal care homes | |
| (2) | Rates of payments to surgical facilities | |
| 64.1 | Agreement with surgical facility | |
| (2) | Requirements for agreement | |
| 64.2 | No overnight stay in surgical facility | |
| (2) | Restraining order | |
| (3) | Offence | |
| 65 | Agreement with outside hospitals | |
| 66 | Unauthorized charging an offence | |
| 67 | [Repealed] | |
| 68 | Agreements with participating hospital and medical provinces | |
| (2) | Rights under agreement | |
| 69 | Agreements to act as trustee for hospitals | |
| 70 | 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 | Interpretation | |
| (2) | Special arrangements for remuneration | |
| (3) | Amount of remuneration | |
| 75.1 | Agreements with Workers Compensation Board | |
| (2) | Agreement with M.P.I.C. | |
| 75.1.1 | Particulars of claims | |
| 75.1.2 | Information to be given to patient utilization review committee | |
| (2) | Minimum amount of information | |
| 75.2 | Appointment of inspectors | |
| (1.1) | Inspection of records | |
| (2) | Use of data processing system and copying equipment | |
| (3) | Assistance to inspectors | |
| (4) | Warrant by justice | |
| 76 | Agreement re medical review committee | |
| (2) | Agreement with M.M.A. | |
| (3) | Where no agreement concluded | |
| 76.1 | Duties of medical review committee | |
| (2) | Application to former practitioners | |
| 77 | Investigation | |
| (2) | Records and information | |
| (3) | Failure to produce records | |
| 77.1 | Confidential information | |
| 78 | Decision of medical review committee | |
| (2) | Referral to formal inquiry committee | |
| (3) | Decision to be served on physician | |
| (4) | Examination of documentary evidence | |
| 79 | 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 | Remuneration | |
| (2) | Administrative support | |
| 80.1 | Procedure | |
| 81 | 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 | 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 | Order of formal inquiry committee | |
| (2) | Costs | |
| (3) | Service of order | |
| 84.1 | Record of hearing | |
| (2) | Identifying information | |
| (3) | Examination of record | |
| (4) | Copies of the record | |
| 84.2 | Recovery of amount owing | |
| (2) | Filing of order | |
| 84.3 | Interest on unpaid amount | |
| (2) | Interest may be recovered | |
| 84.4 | 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 | 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 | 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) | [Repealed] |
| (2) | Agreements with doctors outside Manitoba | |
| 90 | Right to select medical practitioner | |
| (2) | Right of medical practitioner to refuse service | |
| 91 | 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 | Fees in excess of benefits prohibited | |
| (2) | Penalty | |
| (3) | Refund of excessive part of fee | |
| 95.1 | Interpretation | |
| (2) | Recovery of money from persons | |
| (3) | Recovery of money from practitioners | |
| (4) | Manner of recovery | |
| (5) | Application | |
| 96 | 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 | 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 | Information from insured person | |
| (2) | Information from others | |
| 98.2 | Duty to cooperate | |
| (2) | Duty applies in all cases | |
| 99 | Judgment creditor a trustee for minister | |
| 99.1 | Judge to divide award | |
| 99.2 | 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 | Consent of minister to settlement | |
| (2) | Consent not required | |
| 103 | Action under M.P.I.C. Act | |
| 104 | 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 | 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 | Extension of time: abandonment or discontinuance | |
| (2) | Extension of time: failure to give notice | |
| 110.1 | Interest | |
| (2) | Calculation | |
| 110.2 | Periodic payments | |
| 111 | Application for joint trial | |
| 112 | Settlement and discharge of liability | |
| 112.1 | Protection from liability | |
| 113 | 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 | Regulations by minister | |
| (2) | Retroactive regulation | |
| 117 | Regulations respecting personal care | |
| 118 | Personal care home licence | |
| (2) | Application for licence | |
| (3) | Regional health authority approval | |
| (4) | Transitional | |
| 118.1 | Issuing a licence | |
| (2) | Terms and conditions | |
| (3) | Term of licence | |
| (4) | Licence not transferable | |
| 118.2 | Refusal to issue a licence | |
| (2) | Suspension or cancellation of licence | |
| (3) | Notice | |
| (4) | Interim licence | |
| 118.3 | Appeal | |
| 118.4 | Inspectors | |
| (2) | Powers of inspectors | |
| (4) | Use of data processing system and copying equipment | |
| (5) | Assistance to inspectors | |
| (6) | Warrant by justice | |
| (7) | Obstruction | |
| 118.5 | Regulations | |
| (2) | Scope of regulations | |
| 119 | Definitions | |
| 119.1 | Designation of COVID-19 point-of-care tests | |
| 120 | Appointment of approving officer | |
| 121 | Approval required for laboratory | |
| (2) | Granting of approval | |
| (3) | Conditions of approval | |
| (4) | Entitlement to approval | |
| 122 | Grounds for refusal — location | |
| (2) | Grounds for refusal — tests and specimens | |
| 123 | Matters to be considered | |
| 124 | Further grounds for refusal of approval | |
| 125 | Operator to be named in approval | |
| (2) | Notice of changes | |
| 126 | Revocation of approval | |
| 127 | Appeal | |
| (2) and (3) | [Repealed] | |
| 128 | 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 | 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 |