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Bill C-284

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1nd Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-284

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:

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 could 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 that is so designated by the Minister or is generally recognized as an infectious or contagious disease;

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 criteria respecting disclosure of infectious or contagious diseases, the health care insurance plan of a province must provide for disclosure by hospitals in the province, to emergency response employees to whom a patient could have transmitted an infectious or contagious disease, of the name and nature of the disease.

Confidentia-
lity

(2) Subsection (1) shall not be construed to authorize or require the disclosure of identifying information with respect to a patient or an emergency response employee.

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

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,

6. Section 16 of the Act is replaced by the following:

Reimposition of reductions for 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 or an amount payable 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.