BILL 18 – 2002
HEALTH SERVICES STATUTES AMENDMENT ACT, 2002

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

 
Hospital Insurance Act

1 Section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended by repealing the definitions of `"beneficiary" or "qualified person"' and "resident" and substituting the following:

"beneficiary" means a beneficiary as defined in section 1 of the Medicare Protection Act;

"resident" means a resident as defined in section 1 of the Medicare Protection Act.

2 Section 2 is repealed.

3 Section 3 is amended

(a) in subsection (1) by striking out "qualified person or", and

(b) by repealing subsection (2).

4 Section 4 is amended by striking out "qualified person" and substituting "beneficiary".

5 Section 5 is amended

(a) in subsection (1) (a), (b) and (c) by striking out "qualified persons" and substituting "beneficiaries",

(b) in subsection (2) (b) by striking out "qualified person" and substituting "beneficiary",

(c) in subsection (4) by repealing paragraph (b) and substituting the following:

(b) it is proved to the satisfaction of the minister that the person is a beneficiary. , and

(d) by repealing subsection (5).

6 Section 7 (2) is amended

(a) in paragraph (a) by striking out "or in an application for benefits made under section 5", and

(b) in paragraph (b) by striking out ", statement or application for benefits" and substituting "or statement".

7 Section 17 (b) is amended by striking out "qualified person" and substituting "beneficiary".

8 Section 29 (2) (c) is repealed.

 
Medicare Protection Act

9 Section 13.1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed.

10 Section 30 (3) is amended by striking out "section 37 (1) (d)" and substituting "section 37".

11 Section 36 (3) is amended by striking out "27 (6) or".

12 Section 37 is amended by adding the following subsections:

(1.1) If a practitioner, an owner of a diagnostic facility or a representative of a professional corporation is ordered under subsection (1) (d) to pay money to the commission, they must also pay a prescribed surcharge.

(1.2) In subsection (1.3), "audit period" means, for a person, the period during which an audit takes place, giving rise to an order under subsection (1) (d) respecting the person.

(1.3) A person who must pay a prescribed surcharge under subsection (1.1) must also pay interest from the last day of the audit period, compounded semi-annually, on the sum of

(a) the amount ordered under subsection (1) (d),

(b) the surcharge under subsection (1.1) on the amount ordered under subsection (1) (d), and

(c) the compound interest accrued to date under this subsection.

(1.4) Interest under subsection (1.3) is payable at an annual rate equal to the prime lending rate of the banker to the government.

(1.5) Interest payable under subsection (1.3) for any of the first 6 months of a calendar year must be calculated at the annual rate applicable on January 1 in the calendar year.

(1.6) Interest payable under subsection (1.3) for any of the last 6 months of a calendar year must be calculated at the annual rate applicable on July 1 in the calendar year.

13 Section 38 is amended by striking out "section 37 (1) (d)" wherever it appears and substituting "section 37".

14 Section 39 (1) is amended by striking out "section 37 (1)" and substituting "section 37".

15 Section 41 (6) is amended by striking out "3 members" and substituting "1 or 3 members".

16 Section 42 is amended by adding the following subsections:

(4) The board may dismiss an appeal on its own motion, or on the motion of the commission, if

(a) the beneficiary that is appealing has been given notice by the board in writing specifying a date by which the hearing of the appeal must begin, and

(b) the hearing of the appeal does not begin on or before the date specified in the notice given under paragraph (a).

(5) A notice under subsection (4) is effective if the notice is

(a) given to the beneficiary that is appealing,

(b) delivered to the address of that beneficiary that is stated in the application for the appeal, or

(c) delivered to the last known address of that beneficiary.

17 Section 45 (2) (a) is repealed and the following substituted:

(a) all or part of the cost of a service

(i) for which a beneficiary cannot be reimbursed under the plan, and

(ii) that is rendered by a health care practitioner who has made an election under section 14 (1), .

18 Section 51 (2) is amended

(a) in paragraph (h.1) by striking out "purposes" and substituting "purposes of", and

(b) by adding the following paragraph:

(h.2) prescribing a surcharge or a method of calculating a surcharge for the purposes of section 37 (1.1); .

Commencement

19 This Act comes into force by regulation of the Lieutenant Governor in Council.