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First
Session, 49th General Assembly 69 Elizabeth II, 2020 |
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AN ACT TO AMEND THE MEDICAL CARE AND HOSPITAL INSURANCE ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Medical Care and Hospital Insurance Act to · extend the timeframe within which review boards must be appointed and a hearing must be conducted; · provide that timeframes respecting review boards are suspended where an application is made to the Supreme Court under subsection 27(4); · establish the procedure for choosing the chairperson of a review board; · increase the total number of review panel members and increase the number of medical practitioners and dentists who shall be members; · extend the term of appointment for review panel members to up to 5 years; · provide that timeframes respecting audit reviews and appeals are suspended where an alternate dispute resolution mechanism is employed; and · provide authority for the Lieutenant-Governor in Council to make regulations incorporating a standard, rule, regulation, guideline, designation, code, document or list respecting services which are insured services, services which are not insured services, facilities in which insured services may be provided, services which are hospital services and services which are medical services for the purpose of the Act. A BILL AN ACT TO AMEND THE MEDICAL CARE AND HOSPITAL INSURANCE ACT Analysis 1.
S.26 Amdt. 2.
S.27 Amdt. 3.
S.28 Amdt. 4.
S.29 Amdt. 5.
S.32 Amdt. 6.
S.34 Amdt. 7.
S.47 Amdt. 8. Transitional 9. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2016 cM-5.01 1. Subsections 26(4), (5) and (6) of the Medical Care and Hospital Insurance Act are repealed and the following substituted: (4) A review board shall be appointed within 120 days of receipt of the request for a review. (5) The review board shall conduct a hearing within 120 days of its appointment. (6) The review board shall
make a written report of its findings and recommendations to the minister
within 60 days of the completion of the hearing. 2. (1) Subsection 27(4) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". (2) Section 27 of the Act is amended by adding immediately after subsection (4) the following: (4.1) Where an application is made to the Supreme Court under subsection (4), the time limit prescribed in subsection 26(4) is suspended until the court has issued an order appointing the third member of the review board. (4.2) The members of the review board shall unanimously choose a chairperson from amongst themselves. (4.3) Where the members of the review board are unable to agree on a chairperson under subsection (4.2) within 7 days of the board being appointed, the minister shall appoint one of the members as chairperson. 3. Subsections 28(1) and (2) of the Act are repealed and the following substituted: Panel 28. (1) The Lieutenant-Governor in Council shall appoint a panel of not more than 18 persons to act as members of review boards and (a) at least 8 of those
persons shall be medical practitioners selected from a list of nominees
provided by the medical association; and (b) at least 4 of those
persons shall be dentists selected from a list of nominees provided by the
dental association. (2) The members of the
panel shall be appointed for a term of up to 5 years and are eligible for
reappointment. 4. Subsection 29(7) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 5. Section 32 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". 6. Section 34 of the Act is amended by renumbering it as subsection 34(1) and adding immediately after that subsection the following: (2) Where an alternative dispute resolution mechanism is employed under subsection (1), a time limit prescribed in subsections 26(4) to (6), section 27 or subsection 32(3) is suspended until the alternative dispute resolution process has concluded. (3) Where one party gives notice of termination of an alternative dispute resolution process, the alternative dispute resolution process shall be considered to be concluded for the purpose of subsection (2) 30 days after that notice is provided. 7. Section 47 of the Act is amended by renumbering it as subsection 47(1) and adding immediately after that subsection the following: (2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may make regulations incorporating by reference, in whole or in part, a written standard, rule, regulation, guideline, designation, code, document or list respecting a service or facility referenced in paragraphs (1)(a), (b), (c), (d) or (e) as it reads on a prescribed day or as it is amended from time to time. Transitional 8. Where a review has been requested under section 26 before the coming into force of this Act, sections 26, 27 and 34 of the Act as they existed before the coming into force of this Act continue to apply to that review as though those sections were still in force. Commencement 9. Sections 1 to 6 and section 8 come into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Queen's Printer |