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R.S.M. 1990, c. 201
The United Health Services Corporation Incorporation Act
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WHEREAS United Health Insurance Corporation Limited, which was incorporated under The Companies Act by Letters Patent dated September 11, 1959, by its petition prayed that United Health Services Corporation should be continued;
AND WHEREAS its prayer was granted and resulted in the enactment of An Act to Incorporate United Health Services Corporation, assented to June 14, 1974;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
United Health Services Corporation is continued as a corporation without share capital and shall have perpetual succession and a corporate seal.
In this Act,
"board" means the board of directors continued under section 7; (« conseil »)
"corporation" means United Health Services Corporation; (« corporation »)
"director" means a member of the board of directors; (« administrateur »)
"member" means a member of the corporation; (« membre »)
"superintendent" means the Superintendent of Insurance as defined in The Insurance Act. (« surintendant »)
The corporation is composed of the persons who are from time to time the directors of the corporation.
The objects of the corporation are
(a) to establish and operate a plan or plans to provide preventive, diagnostic, therapeutic, rehabilitative and other related health benefits to persons or groups of persons who are residents of the province, and who may contract with the corporation therefor; that is to say, hospital service, care and treatment other than provided by public hospital service, care and treatment plans under legislation enacted by the Parliament of Canada or the Legislature of Manitoba and the Manitoba Health Service, and auxiliary health services, care, treatment, supplies, related services and appliances;
(b) to enter into agreements with persons or groups of persons (who are hereinafter referred to as "subscribers") for the provision of hospital and auxiliary services and appliances as aforesaid; and to enter into agreements with the Crown in right of Canada or in right of any Province, or with any agency thereof, and with hospitals and such other persons, corporations, agencies and associations as the board may deem proper or desirable, for the providing of those services, care, treatment, supplies, related services and appliances;
(c) to act as agent for or on behalf of the Crown in right of Canada or in right of any province or any agency thereof, subscribers, hospitals, corporations, agencies, associations and other persons for the purposes of clauses (a) and (b);
(d) to charge to, and receive from, subscribers such rates or sums as in the opinion of the board will from time to time be sufficient to pay the contractual costs of the services, care, treatment, supplies, related services and appliances mentioned in clauses (a) and (b) including such sums as the hospitals, corporations, agencies, associations and other persons are entitled to receive under their agreements with the corporation;
(e) to provide separate and sufficient reserves for unusual or emergent requirements for the hospital and all other services, and to vary the rates or sums mentioned in clause (d) and to refund to the subscribers the sums received for such portions thereof as in the opinion of the board is fit and proper;
(f) to assume the contractual costs of the aforesaid medical, hospital and auxiliary health services supplies, related services and expenses, mentioned in clauses (a) and (b) and to make payment of these costs, at the option of the corporation, to the subscribers or to the hospitals, or other providers of care, treatment, services, supplies or appliances;
(g) to invest all reserve or other funds at any time held by the corporation in such manner, and in such securities, as a trustee is permitted to invest trust funds under The Trustee Act;
(h) to collect statistics, compile reports, promote and assist in the promotion of scientific, educational and other activities for the maintenance and improvement of the health and welfare of the residents of the province, and the advancement of the objects of the corporation.
For the purpose of carrying out its objects, rights and duties under this Act, the corporation has the capacity and powers set out in section 15 of The Corporations Act, except to the extent that they or any of them are inconsistent with the provisions of this Act.
Without limiting any other power or authority of the corporation, the corporation may deposit any of its reserves and any other of its funds, pending their investment, in any bank, trust company, or credit union as defined in The Credit Unions and Caisses Populaires Act.
Part XXII of The Corporations Act, and more particularly section 268 thereof, apply, with such modifications as the circumstances allow, to the corporation.
The affairs of the corporation shall be managed by a board of directors consisting of not less than 10 or more than 20 members appointed annually by a nominating committee established by the board.
Subject to subsection (3), the appointments under subsection (1) shall be made in accordance with terms of reference prescribed by the board and approved by the members.
One of the directors shall be a person, other than a member of the Legislative Assembly, designated by the Executive Council of the Government of Manitoba.
The directors in office on the date this section comes into force shall continue in office until their successors are appointed.
The directors, the executive committee members and the chairperson of the board may be paid such remuneration as may be determined by the board from time to time, and the remuneration shall be subject to an annual cost of living adjustment established in accordance with the policies set by the board from time to time.
The board may make and pass by-laws, rules, orders and regulations not contrary to law or this Act, and repeal and amend them for all purposes relating to or bearing on the affairs, business, property, objects and powers of the corporation, its management, government, acts, objects and interest.
The by-laws of United Health Insurance Corporation Limited in force on June 14, 1974 shall continue in full force and effect as the by-laws of the corporation, with such modifications as the circumstances require, except as to those which may be inconsistent with the provisions of this Act.
Except as provided in The Insurance Corporations Tax Act, the corporation shall be deemed not to be an insurer within the meaning of The Insurance Act or for any other purpose whatsoever; and no person who may now have issued or who may hereafter issue any policy or contract of accident or sickness insurance for the benefit of any person who may enter into a contract with the corporation under the powers conferred by this Act, shall have any right to or receive any benefit whatsoever under or by reason of any such last mentioned contract; and the corporation shall not be considered as a co-insurer with any person so issuing any policy or contract of insurance for any purpose whatsoever.
There shall be an annual audit of the accounts of the corporation covering the full fiscal year of the corporation by an independent auditor, who shall be a chartered professional accountant authorized to provide public accounting services and shall be appointed at the annual meeting of the corporation.
The corporation will annually submit its audited financial statements to the Minister of Finance or to such other minister, person, agency or body as the Lieutenant Governor in Council may direct.
Upon dissolution or winding up of the corporation all assets of the corporation, at the time existing, shall be paid or transferred to the Manitoba Medical Services Foundation, Inc. if then in existence, and if not then in existence then to such other existing body or bodies of a like nature.
The superintendent or any person authorized under his hand, shall, at all reasonable times, have access to all the books, securities, documents and contracts or forms of contracts of benefits issued or used by the corporation that relate to objects of the corporation.
Any officer, director or person in charge, possession, custody or control of documents of the corporation referred to in subsection (1), who refuses or neglects to afford access thereto as required under that subsection, is guilty of an offence.
The superintendent may require the corporation to file with him copies of any form of application or form of contract for benefits issued or used by the corporation.
Where the corporation uses a form of application or issues a contract of benefits that in the opinion of the superintendent, is unfair or not in the public interest, the superintendent shall report thereon to the Minister of Finance, or to such other member of the Executive Council to whom the superintendent may be responsible.
Where, pursuant to subsection (4), the Minister of Finance or such other member of the Executive Council receives a report from the superintendent, after hearing the corporation, the minister may, if he concurs in the report, by order prohibit the corporation from using or issuing a form of application or contract of benefits or both.
Where the corporation fails, refuses or neglects to comply with an order made under subsection (5) it is guilty of an offence.
NOTE: This Act replaces S.M. 1974, c. 88.
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