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BILL NO. 13

                                                  Private Member's Bill

       
                                                                         
                  3rd Session, 56th General Assembly
                              Nova Scotia
                         44 Elizabeth II, 1995

       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                           An Act Respecting
                  the Nova Scotia Health-care System










       
                                                                         
                                                                         
                          Alexa A. McDonough
                           Halifax Fairview


       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                       
       
                                                                         
                                Halifax
              Printed by Queen's Printer for Nova Scotia
                                   
                                   
An Act Respecting
the Nova Scotia Health-care System



         WHEREAS the provision of public health-care services under the Canada Health Act is
one of the most cherished accomplishments of Canada as a nation;

         AND WHEREAS it is desirable to entrench the principles of medicare in order to protect
them from erosion and to strengthen the principles by recognizing the need to prevent physical
and mental ill health;

         THEREFORE be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Health Care Act.


         2    The purpose of this Act is to establish principles, criteria and conditions that must
be met in order to establish facilities, programs and policies as a part of the health-care system
of the Province.


         3    (1)  In this Act, "insured health services" includes services that promote, conserve
and restore health, prevent illness, injury and disability and provide supportive care when health
is deteriorating.

              (2)  In this Act, "dentist", "health-care practitioner", "hospital", "insured health
services", "insured person", "medical practitioner" and "public authority" have the same
meaning as in the Canada Health Act.


         4    It shall be the objective of the health-care system of the Province to promote good
health and wellness, to prevent physical and mental ill health and to provide treatment.


         5    No facility, program or policy shall form a part of the health-care system of the
Province unless

              (a)  it is operated on a non-profit basis by a public authority appointed or
         designated by the Government and accords with the Canada Health Act;

              (b)  it is comprehensive, in that the health-care insurance plan of the Province
         must insure all insured health services provided by hospitals, medical practitioners or
         dentists, and where the law of the Province so permits, similar or additional services
         rendered by other health-care practitioners;

              (c)  it is universal, in that the health-care insurance plan of the Province must
         entitle one hundred per cent of the insured persons of the Province to the insured health
         services provided for by the plan on uniform terms and conditions;

              (d)  it is portable, in that the health-care insurance plan of the Province accords
         with the Canada Health Act; and

              (e)  it is accessible, in that the health-care insurance plan of the Province accords
         with the Canada Health Act.


         6    No health service shall be discontinued as an insured health service unless the
Minister of Health first engages in broad public consultation respecting the proposed
discontinuance.


         7    For greater certainty, but not so as to limit the generality of the foregoing, no
privately owned health-care facility, operated for profit, shall be permitted to operate in the
Province if it offers insured health services that are reasonably available through the health-care
insurance plan of the Province.


         8    For greater certainty, but not so as to limit the generality of the foregoing, access
to insured health services by insured persons, shall not be dependent upon the prior payment of
health-care premiums or any health-related tax or levy.


         9    Dentists and medical practitioners shall not be the only authorized providers of
insured services, and other appropriate health-care practitioners shall be authorized.


         10   (1)  The Provincial Health Council shall receive complaints or concerns of any
resident of the Province concerning any aspect of the provision of insured health services in
accordance with the principles set out in this Act.

              (2)  Each year the Council shall make a report in writing to the House of Assembly
on its findings respecting the complaints and concerns received and shall file the report with the
Clerk of the Assembly and with the Minister of Health.

              (3)  Within sixty days of receiving the report of the Council, the Minister shall
make a report in response and file the Minister s report with the Clerk of the Assembly.


         11   (1)  The Governor in Council may make regulations for the administration of this
Act and for carrying its purposes and provisions into effect.

              (2)  The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.


         12   Chapter 281 of the Revised Statutes, 1989, the Medical Services Act, is repealed.