BILL 26 – 2008
HEALTH STATUTES AMENDMENT ACT, 2008
HER MAJESTY, by and with the
advice and consent of the Legislative Assembly of the Province of
British Columbia, enacts as follows:
Emergency and Health Services
Act
SECTION 1: [Emergency and
Health Services Act, section 1] ensures that
the power to appoint members of the commission, approve the purchase of
real property by the commission, and appoint an executive officer of
the commission cannot be exercised by a person other than the minister,
a minister designated to act in the office, or the deputy or associate
deputy of the minister.
1 Section 1
of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is
amended
(a) in
subsection (1) in the definition of "minister" by
adding "and sections 2 to 4"
after "except in subsection (2)",
and
(b) in
subsection (3) by adding "and sections 2 to 4"
after "subsection (2)".
SECTION 2: [Emergency and
Health Services Act, section 2] removes the
power of the Lieutenant Governor in Council to appoint members of the
commission and gives that power to the minister, and removes the
minister's power to make temporary appointments to the commission by
relying instead on section 22 (e) of the Interpretation
Act.
2 Section 2
is amended
(a) by
striking out "Lieutenant Governor in Council"
wherever it appears and substituting "minister",
and
(b) by
repealing subsection (5).
SECTION 3: [Emergency and
Health Services Act, sections 3 and 4]
consistent with the changes to section 2 of the Act made by this Bill,
removes the powers of the Lieutenant Governor in Council to approve
purchases of real property by the commission and to appoint an
executive officer of the commission and gives those powers to the
minister.
3 Sections
3 and 4 are amended by striking out "Lieutenant
Governor in Council" wherever it appears and
substituting "minister".
SECTION 4: [Emergency and
Health Services Act, section 14] adds
regulation making powers to provide for, or authorize waiver of, fees
for different persons or classes of persons.
4 Section
14 (2) is amended
(a) in
paragraph (c) by striking out "or"
at the end of subparagraph (i), by adding ", or"
at the end of subparagraph (ii) and by adding the following
subparagraph:
(iii) different persons or
classes of persons; , and
(b) by
repealing paragraph (c.1) and substituting the following:
(c.1) authorizing the waiving of
fees for
(i) different persons or classes
of persons, and
(ii) involuntary committals
under the Mental Health Act; .
Health and Social Services
Delivery Improvement Act
SECTION 5: [Health and Social
Services Delivery Improvement Act, section 3]
repeals a definition that applied to a spent provision.
5 Section 3
of the Health and Social Services Delivery Improvement Act, S.B.C.
2002, c. 2, is amended by repealing the definition of "bumping".
SECTION 6: [Health and Social
Services Delivery Improvement Act, section 6]
- repeals the prohibition against provisions in health
sector collective agreements which restrict, limit or regulate the
contracting out of non-clinical services, and
- repeals a subsection that voids provisions in
collective agreements which require consultation with trade unions
prior to contracting out those non-clinical services.
6 Section 6
(2) and (4) is repealed.
SECTION 7: [Health and Social
Services Delivery Improvement Act, sections 9 and 19]
removes a spent provision and a corresponding regulation making power
under the spent provision.
7 Sections
9 and 19 (2) (c) are repealed.
SECTION 8: [Health Sector
Labour Adjustment Regulation] removes a spent
provision.
8 Section 5
of the Health Sector Labour Adjustment Regulation, B.C. Reg. 39/2002,
is repealed.
Health Sector Partnerships
Agreement Act
SECTION 9: [Health Sector
Partnerships Agreement Act, sections 4 and 5]
- repeals the prohibitions against provisions in
designated private sector partners' collective agreements and
contractors' collective agreements which restrict, limit or regulate
the contracting out of non-clinical services provided at or for
designated health care facilities under the Act, and
- repeals subsections that void provisions in those
collective agreements which require consultation with trade unions
prior to contracting out those non-clinical services.
9 Sections
4 (1) and (3) and 5 (2) and (4) of the Health Sector Partnerships
Agreement Act, S.B.C. 2003, c. 93, are repealed.
Health Statutes Amendment
Act, 2006
SECTION 10: [Health Statutes
Amendment Act, 2006, section 33] is
consequential to the enactment of section 49 of the Medicare
Protection Act by this Bill.
10 Section
33 of the Health Statutes Amendment Act, 2006, S.B.C. 2006, c. 23, is
repealed.
Medicare Protection Act
SECTION 11: [Medicare
Protection Act, section 49]
- maintains the ability to disclose confidential
information for administrative and law enforcement purposes,
- expands the circumstances in which a person engaged
in the administration of the Act may communicate confidential
information, and
- ensures that the purposes of disclosure under the Medicare
Protection Act are consistent with the disclosure provisions
in the E-Health (Personal Health Information Access and
Protection of Privacy) Act.
11 Section
49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed
and the following substituted:
Duty to keep information confidential
49
(1) In this section, "person engaged in the
administration of this Act" includes the following
persons:
(a) each member or former member of
the commission;
(b) each former member of the
Medical and Health Care Services Appeal Board;
(c) each employee or former
employee of the ministry employed in the administration of this Act;
(d) each inspector or former
inspector appointed under this Act;
(e) each member or former member of
an advisory committee;
(f) any person engaged or
previously engaged in the administration of this Act.
(2) A person engaged in the
administration of this Act must keep confidential matters respecting an
individual beneficiary or practitioner that come to his or her
knowledge in the course of his or her employment or duties, and must
not communicate any of those matters except as follows:
(a) in the course of the
administration of this Act or another Act or program administered by
the minister;
(b) to communicate prescribed
information to a person who
(i) is a beneficiary and is, or
whose personal information is, identified in a hearing under section 15
or 37,
(ii) provides information to the
commission that leads to an audit or inspection under section 36, or to
a determination that no audit or inspection is required under that
section, or
(iii) provides information to
the commission that leads to an application for an injunction under
section 45.1, or to a determination that no injunction is required
under that section;
(c) to communicate prescribed
information to one or more persons if a person is the subject of
(i) a notice of hearing under
section 15 or 37,
(ii) an audit or inspection
under section 36, or
(iii) an application for an
injunction under section 45.1, and
if, in the opinion of the minister
or the chair, there is a compelling public interest in the disclosure
of that information;
(d) in accordance with section 33.2
(i) of the Freedom of Information and Protection of Privacy
Act;
(e) for a purpose listed in section
5 of the E-Health (Personal Health Information Access and
Protection of Privacy) Act.
Commencement
12
The provisions of this Act referred to in column 1 of the following
table come into force as set out in column 2 of the table:
| Item |
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere
covered by this table |
The date of Royal Assent |
| 2 |
Section 11 |
By regulation of the
Lieutenant Governor in Council |
Explanatory Notes
Emergency and Health Services
Act
SECTION 1: [Emergency and
Health Services Act, section 1] ensures that
the power to appoint members of the commission, approve the purchase of
real property by the commission, and appoint an executive officer of
the commission cannot be exercised by a person other than the minister,
a minister designated to act in the office, or the deputy or associate
deputy of the minister.
SECTION 2: [Emergency and
Health Services Act, section 2] removes the
power of the Lieutenant Governor in Council to appoint members of the
commission and gives that power to the minister, and removes the
minister's power to make temporary appointments to the commission by
relying instead on section 22 (e) of the Interpretation
Act.
SECTION 3: [Emergency and
Health Services Act, sections 3 and 4]
consistent with the changes to section 2 of the Act made by this Bill,
removes the powers of the Lieutenant Governor in Council to approve
purchases of real property by the commission and to appoint an
executive officer of the commission and gives those powers to the
minister.
SECTION 4: [Emergency and
Health Services Act, section 14] adds
regulation making powers to provide for, or authorize waiver of, fees
for different persons or classes of persons.
Health and Social Services
Delivery Improvement Act
SECTION 5: [Health and Social
Services Delivery Improvement Act, section 3]
repeals a definition that applied to a spent provision.
SECTION 6: [Health and Social
Services Delivery Improvement Act, section 6]
- repeals the prohibition against provisions in health
sector collective agreements which restrict, limit or regulate the
contracting out of non-clinical services, and
- repeals a subsection that voids provisions in
collective agreements which require consultation with trade unions
prior to contracting out those non-clinical services.
SECTION 7: [Health and Social
Services Delivery Improvement Act, sections 9 and 19]
removes a spent provision and a corresponding regulation making power
under the spent provision.
SECTION 8: [Health Sector
Labour Adjustment Regulation] removes a spent
provision.
Health Sector Partnerships
Agreement Act
SECTION 9: [Health Sector
Partnerships Agreement Act, sections 4 and 5]
- repeals the prohibitions against provisions in
designated private sector partners' collective agreements and
contractors' collective agreements which restrict, limit or regulate
the contracting out of non-clinical services provided at or for
designated health care facilities under the Act, and
- repeals subsections that void provisions in those
collective agreements which require consultation with trade unions
prior to contracting out those non-clinical services.
Health Statutes Amendment
Act, 2006
SECTION 10: [Health Statutes
Amendment Act, 2006, section 33] is
consequential to the enactment of section 49 of the Medicare
Protection Act by this Bill.
Medicare Protection Act
SECTION 11: [Medicare
Protection Act, section 49]
- maintains the ability to disclose confidential
information for administrative and law enforcement purposes,
- expands the circumstances in which a person engaged
in the administration of the Act may communicate confidential
information, and
- ensures that the purposes of disclosure under the Medicare
Protection Act are consistent with the disclosure provisions
in the E-Health (Personal Health Information Access and
Protection of Privacy) Act.
|