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Bill C-280

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
	House of Commons of Canada
	BILL C-280
	An Act to amend the Canada Health Act (conditions for contributions)
R.S., c. C-6	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1995, c. 17, s. 34; 1996, c. 8, s. 32(1)(a); 1999, c. 26, s. 11	*1. (1) The definition ``hospital services'' in section 2 of the Canada Health Act* is replaced by the following:**
``hospital services'' « services hospitaliers »	``hospital services'' means any of the following services provided to or in respect of in-patients or out-patients at a hospital, if the services are medically necessary for the purpose of maintaining health, preventing disease or diagnosing or treating an injury, illness or disability, namely,
	(a) accommodation and meals at the standard or public ward level and preferred accommodation if medically required,
	(b) nursing service,
	(c) laboratory, radiological and other diagnostic procedures, together with the necessary interpretations,
	(d) drugs, biologicals and related preparations when administered in the hospital,
	(e) use of operating room, case room and anaesthetic facilities, including necessary equipment and supplies,
	(f) medical and surgical equipment and supplies,
	(g) use of radiotherapy facilities,
	(h) use of physiotherapy facilities,
	(i) services provided by persons who receive remuneration therefor from the hospital, and
	(j) disclosure, to emergency response employees to whom a patient may have transmitted an infectious or contagious disease, of the name and nature of the disease,
	but does not include services that are excluded by the regulations;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``emergency response employees'' « employé d'un service d'intervention d'urgence »	``emergency response employees'' means firefighters, police officers, emergency medical technicians, paramedics and other individuals (including employees of legally organized and recognized volunteer organizations, whether such employees receive nominal compensation or not) who, in situations involving the health or physical well-being of a person, respond to emergencies;
``infectious or contagious disease'' « maladie infectieuse ou contagieuse »	``infectious or contagious disease'' means a disease designated as such by the Minister.
	2. Section 7 of the Act is replaced by the following:
Program criteria	7. In order that a province may qualify for a full cash contribution referred to in section 5 for a fiscal year, the health care insurance plan of the province must, throughout the fiscal year, satisfy the criteria described in sections 8 to 12.1 respecting the following matters:
	(a) public administration;
	(b) comprehensiveness;
	(c) universality;
	(d) portability;
	(e) accessibility; and
	(f) disclosure of infectious or contagious diseases.
	3. The Act is amended by adding the following after section 12:
Disclosure of infectious or contagious diseases	12.1 (1) In order to satisfy the criterion respecting disclosure to emergency response employees of possible exposure to an infectious or contagious disease, the health care insurance plan of a province shall include provisions requiring hospitals in the province to notify emergency response employees to whom a patient may have transmitted an infectious or contagious disease of the name and nature of the disease.
Confidentialit y	(2) The provisions of the health care insurance plan of a province relating to the disclosure required under subsection (1) shall include the following components:
	(a) a requirement that a hospital medical officer be designated in every hospital in the province to be responsible for determining whether there is a need to notify the designated official in paragraph (b);
	(b) provisions designating an official of every employer of emergency response employees in the province for the purpose of receiving notifications and responses and making requests under this subsection and for informing an emergency response employee of any determination made by a hospital under subsection (1);
	(c) provisions requiring the designated official of an employer to notify an emergency response employee who may have been exposed to an infectious or contagious disease of
	(i) the name of the disease involved,
	(ii) any action by the emergency response employee that, in the opinion of the hospital medical officer, is medically appropriate, and
	(iii) if medically appropriate under such criteria, the date of the exposure;
	(d) the period of time within which such notification must be made; and
	(e) a procedure according to which an emergency response employee who suspects he or she may have been exposed to an infectious or contagious disease while attending, treating or transporting a victim to a hospital may request the designated official of his or her employer to contact the designated medical officer of the hospital where the victim was transported for information as to whether the victim has an infectious or contagious disease.
Limitations	(3) Subsections (1) and (2) shall not be construed
	(a) to authorize or require the disclosure of identifying information with respect to a victim, a patient or an emergency response employee;
	(b) to authorize any cause of action for damages or any civil penalty against any hospital, any designated medical officer or any official of an emergency response employer for failure to comply with the duties established in this section; or
	(c) to authorize or require a hospital to test any victim or patient for any infectious or contagious disease.
	4. Paragraph 14(1)(a) of the Act is replaced by the following:
	(a) the health care insurance plan of the province does not or has ceased to satisfy any one of the criteria described in sections 8 to 12.1 , or
1995, c. 17, s. 38	5. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:
Order reducing or withholding contribution	15. (1) Where, on the referral of a matter under section 14, the Governor in Council is of the opinion that the health care insurance plan of a province does not or has ceased to satisfy any one of the criteria described in sections 8 to 12.1 or that a province has failed to comply with any condition set out in section 13, the Governor in Council may, by order,
1995, c. 17, s. 39	6. Section 16 of the Act is replaced by the following:
Reimposition of reductions or withholdings	16. In the case of a continuing failure to satisfy any of the criteria described in sections 8 to 12.1 or to comply with any condition set out in section 13, any reduction or withholding under section 15 of a cash contribution to a province for a fiscal year shall be reimposed for each succeeding fiscal year as long as the Minister is satisfied, after consultation with the minister responsible for health care in the province, that the default is continuing.

Bill C-280

BILL C-280