R.S.M. 1987, c. H35

The Health Services Insurance Act

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Table of Contents

1		Manitoba Health Services Insurance Plan.
	(2)	Continuation of previous plans.
2		Definitions.
	(2)	Determination of municipal residence.
	(3)	Other dependants.
	(4)	Meaning of "employer".
	(5)	Determination of attendance at educational institution.
3		Continuation of commission.
4		Corporate status of commission.
5		Agent of government.
6		Continuation of Manitoba Health Services Commission.
7		Composition of commission.
8		Term of office.
9		Chairman and Vice-Chairman.
10		Remuneration and expenses.
11		Meetings.
12		Meeting at request of commission.
13		Quorum.
14		Validity of acts where a vacancy exists.
15		Liability of members, officers, etc.
16		Application of Insurance Act and Corporations Act.
17		Duties of chairman and vice-chairman.
	(2)	Chief Executive Officer.
	(3)	Evidence as to signature of chairman, etc.
18		Employees.
	(2)	Retention of services of professional persons.
19		Acquisition of property.
	(2)	Acquisition of hospitals, etc.
	(3)	Purchase of land, etc.
	(4)	Property in name of commission.
20		Contracts, etc.
21		General powers of commission.
22		Powers of the commission.
23		Duties of the commission.
24		Annual report.
	(2)	Statements separate.
	(3)	Tabling Annual Report.
25		Audit by Provincial Auditor.
	(2)	Special Audit.
26		Fiscal year.
27		Disposal of moneys received from Canada.
28		Fund continued.
29		Credits to fund.
30		Payments from fund.
31		Fund kept in a bank.
	(2)	Investment
	(3)	Fund not part of Consolidated Fund.
32		Payments from Consolidated Fund.
	(2)	Special Advances.
33		Insured persons.
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.
43		Fraudulent production of registration certificate an offence.
44		Disposal of additional fine.
45		Additional duties of the commission.
46		Insured hospital and personal care services.
	(2)	Designation of personal care homes.
47		Certain cases excluded.
48		Right to payment for hospital services.
49		Terms of provision of hospital services.
50		Agreement with Canada.
	(2)	Payment by commission of cost of hospital services to insured persons.
	(3)	Withholding of payments.
51		Effect of making payments.
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 chief budget officer.
57		Duties of chief budget officer re. hospital budgets.
	(2)	Notification of hospital.
	(3)	Recommendations to commission.
	(4)	Notice of appeal to commission.
58		Approval of budgets and establishment of rates.
59		Regulation establishing rates.
60		Retention of moneys by commission 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		Power to inspect and audit.
64		Rates of payment to certain hospitals.
65		Agreement with outside hospitals.
66		Unauthorized charging for hospital services an offence.
67		Payment of grants.
	(2)	Definition of hospital expanded.
68		Agreements with participating hospital provinces.
	(2)	Rights under agreement
69		Agreements to act as trustee for hospitals.
70		Restriction on sale of real property.
71		Insurance for other health services.
72		Communication of information.
73		Development of medical and other health services.
74		Agreements re. medical fees and payments.
75		Special arrangements.
76		Agreement re. medical review committee.
	(2)	Where no agreement concluded.
77		Powers of review committee to obtain information etc.
78		Evidence under oath.
79		Rules of procedure.
80		Order of medical review committee.
	(2)	Service of order.
81		Order binding.
82		Filing of order.
83		Action by commission.
84		Appeal from order.
85		Disclosure of information.
	(2)	Right of M.M.A. and College of Physicians and Surgeons to information.
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		Payment of benefits to government
	(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.
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		Action by insured person for cost of insured services.
98		Notice of action excluding insured costs.
	(2)	Notice of action including insured costs.
99		Judgment creditor a trustee for commission.
100		Payment to commission by judgment debtor.
101		Recovery of proportionate parts of damages.
102		Consent of commission to settlement.
	(2)	Consent not required.
103		Action under section 12 Unsatisfied Judgment Fund Act.
104		Appeal by commission.
	(2)	Notice of intention to appeal.
	(3)	Stay of proceedings and abandonment of appeal.
105		Consent of commission to abandonment of action.
106		Right of commission to bring action.
107		Defences to action by commission.
108		Action of commission on death of insured person.
109		Limitation on right to bring action.
110		Extension of time for action by commission.
111		Application for joint trial.
112		Settlement and discharge of liability.
113		Regulations.
114		Review of benefits.
115		Application of provisions to personal care and personal care homes.
116		Regulations by commission.
	(2)	Application of Regulations Act.
117		Special regulations respecting personal care and personal care homes.
118		Operation of personal care homes
	(2)	Approval to operate personal care homes
	(3)	Terms and conditions of approval
	(4)	Appeals
119		Operation of diagnostic laboratories.
	(2)	Approval to operate diagnostic laboratories.
	(3)	Terms and conditions of approval.
	(4)	Appeals.
	(5)	"Diagnostic laboratory" defined.
	(6)	Exclusions.
120		Regulations for secs. 118 and 119.
121		Offence and penalty.
122		Commencement of section 118