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The Prescription Drugs Cost Assistance Act
This is an unofficial archived version of The Prescription Drugs Cost Assistance Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P115

The Prescription Drugs Cost Assistance Act

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

Definitions.

1

In this Act

"benefit" means a benefit that may be paid under this Act to an eligible person in respect of the cost of specified drugs; ("prestation")

"benefit period" means a period specified in the regulations in respect of which benefits may be paid under this Act; ("période d'indemnisation")

"eligible dependant" when used in respect of an eligible person means a person who is related to or dependant upon the eligible person within classes of eligible dependants as determined under the regulations; ("personne à charge admissible")

"eligible person" means a person who is within a class of eligible persons as determined under the regulations; ("personne admissible")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act: ("ministre")

"specified drug" is a drug that is specified in the regulations in respect of which benefits may be paid under this Act. ("médicament couvert")

Authority for payment of benefits.

2(1)

The government may pay to an eligible person, in accordance with the regulations, a benefit in respect of the cost incurred by the eligible person in a benefit period for the purchase of specified drugs for his own use or the use of his eligible dependants.

Payments to persons on behalf of eligible persons.

2(2)

If authorized under the regulations, benefits may be paid under this Act to a person, including an insurer of an eligible person, who has incurred the cost for specified drugs purchased by the eligible person.

Maximum benefit.

3

The benefits paid to an eligible person under this Act in respect of any benefit period shall not exceed the cost incurred by the eligible person in that benefit period for the purchase of specified drugs for use by the eligible person or the use of his eligible dependants.

False and misleading statements.

4

Every person who makes a false or misleading statement in an application for benefits under this Act or the regulations is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $500.

Forfeiture of rights.

5

Where a person is convicted of an offence under section 4, in addition to any penalty imposed on him under that section, he forfeits any right he has to receive any benefits under this Act in respect of the benefit period in respect of which the offence was committed and in respect of the next following benefit period.

False prescriptions.

6

Every person who gives or issues a prescription for a specified drug for an eligible person or an eligible dependant knowing that the specified drug is intended to be used by or for another person is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $500.

False dispensing.

7

Every person who dispenses a specified drug for an eligible person or an eligible dependant knowing that the specified drug is intended to be used by another person is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $500.

False receipt.

8

Every person who issues a receipt

(a) for the cost of a specified drug without dispensing the specified drug: or

(b) for the cost of a specified drug in excess of the amount actually paid therefor: or

(c) for the cost of a drug that is not a specified drug;

is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $500.

Regulations.

9(1)

For the purposes of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) specifying benefit periods in which benefits may be paid under this Act;

(b) determining classes of persons who are eligible persons to whom benefits may be paid under this Act in respect of costs incurred by them for the purchase of specified drugs for use by them and their eligible dependants:

(c) determining classes of dependants who are eligible dependants of eligible persons:

(d) specifying benefits that may be paid to eligible persons in respect of any benefit period or prescribing methods for determining the amount of benefits that may be paid;

(e) specifying drugs in respect of the costs of which benefits may be paid under this Act:

(f) prescribing procedures for applications for benefits under this Act including limiting the time within which applications for benefits under this Act shall be made;

(g) prescribing forms for use in respect of applications and payment of benefits under this Act;

(h) authorizing benefits to be paid, in prescribed circumstances, to persons, including insurers of eligible persons, who have incurred the cost for specified drugs purchased by eligible persons and prescribing terms and conditions under which the authority is granted and under which payment of the benefits to the person or insurer is authorized.

Reference to lists of drugs.

9(2)

Specified drugs may be specified under the regulations by reference to any pharmacopoeia, formulary or other list of drugs, published or printed for any other purpose and by any other person, either with or without variation, modification or amendment and with or without additions thereto or deletions therefrom.

Retroactive regulations.

9(3)

Notwithstanding The Regulations Act, regulations under clause (1)(h) may be made retroactive to be made effective from a date not earlier than July 1, 1973.

Information for verification of applications.

10(1)

For the purpose of verifying applications for benefits under this Act, or any information on the basis of which an application for benefits under this Act is made, the minister or any person authorized in writing by the minister for the purpose may request any duly qualified medical practitioner, duly qualified dentist or pharmacist to produce records relating to the prescription or dispensing or specified drugs for the purpose of making copies, photographs or extracts of or from the records; and the production of records by a duly qualified medical practitioner, duly qualified dentist or pharmacist upon such a request shall not, in any matter, be considered as a breach of any confidence between the duly qualified medical practitioner, duly qualified dentist or pharmacist and any patient or customer.

Order by justice.

10(2)

Where, upon a request made under subsection (1), a duly qualified medical practitioner, duly qualified dentist or pharmacist refuses to produce records relating to the prescription or dispensing of specified drugs, the minister, or any person authorized in writing by the minister for the purposes of subsection (1), may apply ex parte to a justice for an order requiring the duly qualified medical practitioner, duly qualified dentist or pharmacist to produce the records as requested under subsection (1) for the purposes of subsection (1); and the justice, if satisfied upon the evidence submitted that, in the circumstances, it is reasonably necessary for the due administration of this Act that the request should be complied with may make such an order.

Use of records produced.

10(3)

Any records produced under this section, or any copies, photographs or extracts of or from records produced under this section may be used in respect of any action or proceeding for the enforcement or due administration of this Act but are not admissible by reason of being produced under this section, in any action or matter not related to the enforcement or administration of this Act.

Information confidential.

10(4)

Except for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act, neither the minister nor any authorized person shall

(a) knowingly communicate, or allow to be communicated, to any person any information obtained by or on behalf of the minister under this section; or

(b) knowingly allow any person to inspect, or to have access to, any copy of any book, record, document, file, correspondence, or other record obtained by, or on behalf of, the minister under this section.

Exception.

10(5)

Subsection (4) does not prohibit

(a) the communication of information by the minister to persons charged with the administration of any statutes of Canada or of any other province that relate to the subject matter of this Act; or

(b) the communication by the minister of any information with the consent of the person to whom that information relates; or

(c) the release or publication by the minister, with the consent of the owner of any book, record, document, file, correspondence or other record, or a copy thereof.

Additional information from applicant.

11

Where a person makes an application for benefits under this Act, the minister may require further information or proof of any information disclosed in the application or otherwise furnished, in addition to any information or proof required under the regulations, before authorizing the payment of the benefits.