R.S.M. 1987, c. H35
The Health Services Insurance Act
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 |