BILL 33 – 2003
HEALTH SERVICES STATUTES AMENDMENT ACT, 2003

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

 
Food Safety Act

1 Section 23 (2) (d) of the Food Safety Act, S.B.C. 2002, c. 28, is amended by adding "alteration," after "design, construction," and by adding "food establishments or" after "construction plans for".

2 Section 24 (1) is amended by striking out "c. 283," and substituting "c. 289,".

 
Hospital Insurance Act

3 Section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended by adding the following definitions:

"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;

"PHSA" means the Provincial Health Services Authority, a society incorporated under the Society Act;

"regional health board" means a board as defined in section 1 of the Health Authorities Act; .

4 Section 5 (7) is amended by striking out "Minister of Social Services" and substituting "minister charged by order of the Lieutenant Governor in Council with the administration of the Employment and Assistance Act".

5 Section 9 is repealed and the following substituted:

Payment to a regional health board, the Nisga'a Nation or the PHSA

9 (1) There must be paid annually to

(a) each regional health board,

(b) the Nisga'a Nation, and

(c) the PHSA

for the hospitals it funds an amount determined by the minister to cover all or part of the cost to the regional health board, the Nisga'a Nation or the PHSA for the provision to beneficiaries of those general hospital services authorized by this Act that the hospitals are required by the minister to provide for beneficiaries admitted for treatment, excluding those amounts payable for those hospitals under section 5 (7) and section 14.

(2) The fiscal year of a hospital begins April 1.

6 Section 10 (2) is repealed.

7 Section 12 is repealed and the following substituted:

A regional health board, the Nisga'a Nation or the PHSA
must not seek additional payment

12 If a regional health board, the Nisga'a Nation or the PHSA has been paid by the government for general hospital services provided under this Act, the payment, subject to section 5 (7) or 14, is deemed to be payment in full for the services, and the regional health board, the Nisga'a Nation, the PHSA or a hospital must not seek to recover additional payment from any other person for the services.

8 Section 29 (2) is amended

(a) by repealing paragraph (b) and substituting the following:

(b) the facilities and services that a regional health board, the Nisga'a Nation or the PHSA must provide for beneficiaries under this Act in order to qualify them for payment by the government, and the amount of the payment to regional health boards, the Nisga'a Nation or the PHSA; ,

(b) in paragraph (e) by striking out "hospitals;" and substituting "hospitals, regional health boards, the Nisga'a Nation or the PHSA;", and

(c) by repealing paragraph (f) and substituting the following:

(f) the treatment and services referred to in section 5; .

 
Medicare Protection Act

9 Section 5 (1) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by adding the following paragraphs:

(q.1) establish, subject to this Act and the regulations, rules to govern its own practices and procedures for the conduct of hearings under section 15 or 37, including the following:

(i) the conduct of negotiations or a pre-hearing conference for possible settlement of the issues before a hearing is commenced;

(ii) the means by which particular facts may be proved or the mode in which evidence may be given at a pre-hearing conference or a hearing;

(iii) the time limits for the exchange of documents, reports and affidavits in preparation for a pre-hearing conference or a hearing;

(iv) the requirements for the attendance of witnesses, the conduct of witnesses or the compelling of witnesses to give evidence under oath or in some other manner;

(q.2) require that a party to a hearing under section 15 or 37 submit a matter at issue in the hearing to non-binding mediation.

10 Section 51 (2) is amended by adding the following paragraph:

(b.1) prescribing for hearings under section 15 or under section 37

(i) the practices and procedures for the conduct of negotiations or a pre-hearing conference for possible settlement before a hearing is commenced,

(ii) the practices and procedures to be used for a pre-hearing conference or a hearing,

(iii) the means by which particular facts may be proved or the mode in which evidence may be given at a pre-hearing conference or a hearing,

(iv) the time limits for the exchange of documents, reports and affidavits in preparation for a pre-hearing conference or a hearing, or

(v) the requirements for the attendance of witnesses, the conduct of witnesses or the compelling of witnesses to give evidence under oath or in some other manner; .

Commencement

11 Sections 3 to 8 come into force by regulation of the Lieutenant Governor in Council.