HEALTH FACILITIES ACCOUNTABILITY STATUTES AMENDMEDNT ACT, 2007 HEALTH FACILITIES ACCOUNTABILITY STATUTES AMENDMENT ACT, 2007
Chapter 31
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Hospitals Act
Amends RSA 2000 cH‑12
1(1) The Hospitals Act is amended by this section.
(2) Section 1 is amended (a) by adding the following after clause (c):
(c.1) “board” means the corporate body or person that owns or operates a hospital, and includes a regional health authority;
(b) by repealing clause (d);
(c) by repealing clause (i);
(d) by repealing clause (k);
(e) by adding the following after clause (p):
(q) “service agreement” means an agreement referred to in section 2.1.
(3) The following is added after section 2:
Part 1 Non‑regional Hospitals
Service agreement
2.1(1) If the board of a non‑regional hospital provides services to a regional health authority, the board of the non‑regional hospital and the regional health authority shall enter into an agreement with respect to the provision of those services.
(2) The service agreement may address any matters the parties determine to be relevant, including any principles of faith or ethics that may govern the provision of services.
Service agreement — disputes
2.2 If the board of a non‑regional hospital and a regional health authority cannot agree on the terms, interpretation or enforcement of a service agreement, the disagreement may be referred to a dispute resolution process in accordance with the regulations.
Consultation
2.3(1) The Minister shall consult with an affected non‑regional hospital and the regional health authority that has a service agreement with that hospital prior to
(a) declaring a plan to be in force or amending a plan under section 4,
(b) appointing an administrator under section 4.1, or
(c) giving a direction under section 4.2.
(2) Subsection (1) does not apply if the Minister is of the opinion that immediate action is necessary to address a material risk to public safety, patient safety or quality of patient care.
Regulations
2.4 The Lieutenant Governor in Council may make regulations
(a) respecting service agreements;
(b) respecting the resolution of disputes between the board of a non‑regional hospital and a regional health authority;
(c) respecting consultations for the purposes of section 2.3.
(4) The heading preceding section 3 is repealed and the following is substituted:
Part 1.1 Plan for Hospital Services
(5) Section 3 is repealed.
(6) Section 4 is repealed and the following is substituted:
Plan for hospitals
4(1) The Minister may establish a plan
(a) for the services provided by a hospital and the use of the services of the hospital,
(b) for the integration of the operation, management and financing of one or more hospitals serving the health region, or
(c) for the matters set out in both clauses (a) and (b),
and may by order declare the plan to be in force, amend the plan or terminate the plan.
(2) A plan established under subsection (1) shall not require the board of a non‑regional hospital to provide a service that conflicts with the principles of faith or ethics as identified in the hospital’s service agreement unless
(a) the board consents, or
(b) in the Minister’s opinion, it is necessary to address a material risk to public safety, patient safety or quality of patient care.
(3) The board of a hospital that is subject to a plan established under subsection (1), and the regional health authority to the extent required by the plan, shall comply with the plan.
(4) An order terminating a plan may contain any provisions the Minister considers necessary
(a) to provide for the disposition of assets and property,
(b) to provide for the assumption of liabilities and obligations, and
(c) to facilitate the winding‑up of the plan.
Official administrator
4.1(1) The Minister may by order appoint a person or persons, including a regional health authority, to act as an official administrator of a hospital specified in the order if, in the Minister’s opinion,
(a) in the case of a non‑regional hospital, the board of the hospital
(i) has contravened this Act or the regulations,
(ii) has failed to comply with the terms of a service agreement,
(iii) has failed to comply with any directions or order of the Minister, or
(iv) has done or omitted to do anything in respect of the hospital that, because of the nature or gravity of the thing, has prejudicially affected or is likely to prejudicially affect the health, well‑being or safety of patients,
or
(b) in the case of a hospital other than a non‑regional hospital, the board of the hospital
(i) has contravened this Act or the regulations,
(ii) has failed to comply with any directions or order of the Minister, or
(iii) has done or omitted to do anything in respect of the hospital that, because of the nature or gravity of the thing, has prejudicially affected or is likely to prejudicially affect the health, well‑being or safety of patients.
(2) An official administrator appointed under subsection (1) is entitled to possession of the hospital and all records, supplies and equipment in it that in the official administrator’s opinion are necessary for the continued operation of the hospital, to the exclusion of the board or any person claiming through the board.
(3) In the case of a non‑regional hospital, an official administrator appointed under this section shall not operate the hospital or use the hospital’s assets in a manner that conflicts with the principles of faith or ethics as identified in the hospital’s service agreement unless
(a) the board of the non‑regional hospital consents, or
(b) in the Minister’s opinion, it is necessary to address a material risk to public safety, patient safety or quality of patient care.
(4) An official administrator may pay
(a) the salaries, wages and benefits of persons employed in the hospital, and
(b) the costs of goods and services that are, in the official administrator’s opinion, necessary for the continued operation of the hospital,
out of funds due to the board, including funds from a regional health authority or, with the approval of the Minister, from funds voted by the Legislature for the purposes of this Act.
(5) A payment made under subsection (4) from regional health authority funds discharges the regional health authority from liability to pay the funds, to the extent of the payment.
(6) In addition to the powers granted by this section, the Minister may confer on an official administrator those powers that, in the opinion of the Minister, are reasonably necessary for the efficient administration of the hospital.
(7) An official administrator shall report to the Minister on the operation of a hospital under the official administrator’s administration at the time and in the manner prescribed by the Minister.
(8) An official administrator shall operate the hospital for the period set out in the order under subsection (1).
(9) The Minister may by order at any time terminate an appointment under subsection (1).
Authority of Minister to give directions
4.2(1) If in the opinion of the Minister it is in the public interest, or if in the opinion of the Minister a direction would provide for matters related to the health, safety or well‑being of the patients of a hospital, the Minister may give directions to the board or to an official administrator, if appointed, and to the regional health authority with respect to the provision of services or the operation of the hospital.
(2) In the case of a non‑regional hospital, a direction of the Minister shall not require the hospital to operate or to use hospital assets in a manner that conflicts with the principles of faith or ethics as identified in the hospital’s service agreement unless
(a) the board of the non‑regional hospital consents, or
(b) in the Minister’s opinion, it is necessary to address a material risk to public safety, patient safety or quality of patient care.
(3) The Minister must provide a copy of any directions under subsection (1) to the affected board or official administrator and to the regional health authority.
(4) On receipt of directions, the board or the official administrator and the regional health authority shall comply with the directions.
(7) Sections 5 and 6 are repealed.
(8) Section 7 is repealed and the following is substituted:
Authority to act in place of board
7 When under this Act an act or thing is directed to be done forthwith or within a specified time by a board, a regional health authority or an official administrator, or by an officer of one of those bodies, and the act or thing is not done, the Minister may do the act or thing with the same effect as if it had been done by that body.
(9) Section 8 is repealed.
(10) Section 9(c) is repealed.
(11) Section 10 is repealed and the following is substituted:
Board
10(1) Each approved hospital must have a board.
(2) A board may be the board of more than one approved hospital.
(3) The board of an approved hospital is responsible for the day‑to‑day operations of the approved hospital and shall ensure that all operations of the approved hospital comply,
(a) in the case of a non‑regional hospital, with
(i) any directions of the regional health authority that do not conflict with the hospital’s service agreement,
(ii) any orders or directions of the Minister made under this Act, and
(iii) the terms of the hospital’s service agreement,
or
(b) in the case of a hospital other than a non‑regional hospital, with any orders or directions of the Minister.
(4) The orders and directions of the Minister relating to an approved hospital prevail over any other directions or service agreement relating to the approved hospital.
(12) Section 11 is amended by adding the following after subsection (2):
(2.1) If the approved hospital is a non‑regional hospital, the board shall provide a copy of its bylaws, or changes to its bylaws, to the regional health authority and shall consult with the regional health authority before submitting its bylaws, or changes to its bylaws, to the Minister under subsection (2).
(13) Section 12 is repealed and the following is substituted:
Board may appoint medical staff
12 The board may appoint the medical staff of the approved hospitals it owns or operates.
(14) Section 17 is amended
(a) by adding the following after subsection (2):
(2.1) If the approved hospital is a non‑regional hospital, the board shall provide a copy of its bylaws under this section, or changes to its bylaws, to the regional health authority and shall consult with the regional health authority before submitting its bylaws, or changes to its bylaws, to the Minister for approval.
(b) by adding the following after subsection (5):
(5.1) After approving bylaws under this section, the Minister may withdraw that approval by giving written notice of the withdrawal to the board of the affected approved hospital and, on receipt of that notice by the board, the bylaw in respect of which approval is withdrawn ceases to have effect.
(15) The following is added after section 17:
Minister’s authority relating to medical staff bylaws
17.1(1) The Minister may
(a) request the board of an approved hospital
(i) to amend the medical staff bylaws enacted under section 17, or
(ii) to adopt bylaws to replace those bylaws
in accordance with the Minister’s directions,
(b) amend or adopt medical staff bylaws on behalf of a board where the board fails to comply with clause (a), or
(c) prescribe model medical staff bylaws.
(2) Medical staff bylaws amended, adopted or prescribed pursuant to subsection (1) prevail over the bylaws that existed prior to the amendment, adoption or prescription.
(3) In the case of a non‑regional hospital, the Minister shall not amend, adopt or prescribe medical staff bylaws that conflict with the principles of faith or ethics as identified in the hospital’s service agreement unless, in the Minister’s opinion, it is necessary to address a material risk to public safety, patient safety or quality of patient care.
(16) Section 22 is amended
(a) by repealing subsection (1) and substituting the following:
Model general bylaws
22(1) The Minister may, after consulting in accordance with the regulations, prescribe model general bylaws for the guidance of boards of approved hospitals.
(b) by repealing subsection (4).
(17) Section 25(2) and (3) are repealed.
(18) Section 26 is amended by striking out “employees of the Government” and substituting “any person”.
(19) Section 27(1) is amended
(a) by striking out “When the Minister is requested to do so by the board of an approved hospital, the Minister may authorize” and substituting “The Minister may authorize”;
(b) in clause (a) by striking out “operation of the hospital” wherever it occurs and substituting “operation of a hospital”;
(c) in clause (b) by striking out “the hospital” and substituting “a hospital”.
(20) Section 28(1) is amended
(a) in clause (b) by striking out “approved”;
(b) in clause (c) by striking out “approved”;
(c) in clause (h) by striking out “or board of management”;
(d) by adding the following after clause (k):
(k.1) respecting consultations for the purpose of section 22;
(k.2) respecting the powers, duties and responsibilities of an official administrator;
(k.3) prescribing the basis on which and the circumstances under which land, buildings and other property that is being used, or is to be used, for a non‑regional hospital may be purchased or sold;
(k.4) respecting the powers, duties and responsibilities of hospital staff and management;
(k.5) respecting the powers, duties and responsibilities of the Chief Medical Officer of Health appointed under the Public Health Act and of medical officers of health under that Act;
(k.6) respecting
(i) any plan declared in force and still in force, and
(ii) any board of management established and still in existence
immediately before the coming into force of this clause and respecting the transition of the plan or board of management, or both, in accordance with amendments to this Act;
(21) The following is added before the heading “Part 3 Hospitalization Benefits Plan”:
Offence
35.1(1) A person who
(a) contravenes any provision of
(i) Part 1.1 or this Part,
(ii) the regulations made under Part 1.1 or this Part, or
(iii) an agreement with a regional health authority,
or
(b) fails to comply with any directions of a regional health authority or any order or directions of the Minister,
is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) is liable
(a) for a first offence, to a fine of not more than $10 000, and
(b) for a 2nd or subsequent offence, to a fine of not more than $50 000.
Protection from liability
35.2 No action for damages may be commenced against
(a) the Minister,
(b) an employee under the administration of the Minister,
(c) a contractor or agent of the Minister,
(d) a member, employee or agent of a regional health authority,
(e) an official administrator or an agent, contractor or employee of an official administrator, or
(f) a person appointed by the Minister to carry out duties or exercise powers provided for in Part 1, Part 1.1 or this Part or in regulations made under Part 1, Part 1.1 or this Part
for anything done or omitted to be done by that person in good faith while carrying out that person’s duties or exercising that person’s powers under Part 1, Part 1.1 or this Part, or under regulations made under Part 1, Part 1.1 or this Part, including, without limitation, any failure to do something when that person has discretionary authority to do something but does not do it.
Nursing Homes Act
Amends RSA 2000 cN‑7
2(1) The Nursing Homes Act is amended by this section.
(2) Sections 13 and 14 are repealed and the following is substituted:
Authority of Minister
13(1) If in the opinion of the Minister
(a) a nursing home is being, or has been, operated in contravention of this Act or the regulations, or
(b) an operator is doing or omitting to do, or has done or omitted to do, anything in respect of the nursing home that, because of the nature or gravity of the thing, has prejudicially affected or is likely to prejudicially affect the health, safety or well‑being of the residents of the nursing home,
the Minister may order
(c) that the operator prepare a plan or amend an existing plan to address the contravention, action or inaction and submit the plan to the Minister for approval within the time specified in the order,
(d) that a nursing home contract is cancelled on the date specified in the order,
(e) that a nursing home contract is suspended for the period specified in the order and may be reinstated subject to the terms and conditions set out in the order, or
(f) that a nursing home contract continue subject to terms and conditions set out in the order.
(2) If in the opinion of the Minister it is in the public interest, or if in the opinion of the Minister a direction would provide for matters related to the health, safety or well‑being of the residents of a nursing home, the Minister may give directions to the operator of the nursing home or to an official administrator, if appointed, and to the regional health authority with respect to the provision of services or the operation of the nursing home.
(3) The Minister shall provide a copy of any order under subsection (1) or any directions under subsection (2) to the affected operator or official administrator and to the regional health authority.
(4) On receipt of an order or directions, the operator or the official administrator and the regional health authority shall comply with the order or directions.
(5) The Minister may authorize a person to take any action under this section on behalf of the Minister, and in that case the person so authorized has all of the authority and the duties of the Minister under this section.
(3) Section 15(1) is amended by striking out “section 14” and substituting “section 13(1)(d)”.
(4) Section 16 is amended
(a) in subsection (2) by striking out “section 14(1)” wherever it occurs and substituting “section 13”;
(b) in subsection (6)(c) by striking out “a contract under section 14(1)” and substituting “a nursing home contract under section 13”.
(5) Section 17 is amended
(a) in subsection (1) by striking out “section 14” and substituting “section 13(1)(d) or (e)”;
(b) in subsection (5) by striking out “section 14” and substituting “section 13(1)(d) or (e)”.
(6) Section 22(1) is repealed and the following is substituted:
Offence and penalties
22(1) Subject to section 20(3), a person who
(a) contravenes any provision of
(i) this Act or the regulations,
(ii) a nursing home contract, or
(iii) a plan referred to in section 13(1)(c),
or
(b) fails to comply with any order or directions of the Minister,
is guilty of an offence.
(1.1) A person who is guilty of an offence under subsection (1) is liable
(a) for a first offence, to a fine of not more than $10 000, and
(b) for a 2nd or subsequent offence, to a fine of not more than $50 000.
(7) Section 23 is amended by adding the following after clause (g):
(g.1) prescribing the basis on which and the circumstances under which land, buildings and other property that is being used, or is to be used, for a nursing home may be purchased or sold;
(8) The following is added after section 24:
Protection from liability
25 No action for damages may be commenced against
(a) the Minister,
(b) an employee under the administration of the Minister,
(c) a contractor or agent of the Minister,
(d) a member, employee or agent of a regional health authority,
(e) an official administrator or an agent, contractor or employee of an official administrator, or
(f) a person appointed by the Minister to carry out duties or exercise powers provided for in this Act or the regulations
for anything done or omitted to be done by that person in good faith while carrying out that person’s duties or exercising that person’s powers under this Act, or under regulations made under this Act, including without limitation any failure to do something when that person has discretionary authority to do something but does not do it.
Regional Health Authorities Act
Amends RSA 2000 cR‑10
3(1) The Regional Health Authorities Act is amended by this section.
(2) Section 15 is amended by adding the following after subsection (2):
(2.1) Despite subsection (2), where an agreement under subsection (1) that was entered into before January 1, 2008 includes the provision described in subsection (2), that provision has no effect after December 31, 2007.
(3) Section 21(1) is amended
(a) in clause (a) by adding “or any place where health services are provided or funded, directly or indirectly, by a regional health authority” after “health corporation”;
(b) in clause (b) by adding “or other person providing health services that are funded, directly or indirectly, by a regional health authority” after “health corporation”.
Repeal and Coming into Force
4 Repealed 2013 cS‑19.3 s14.
5 This Act comes into force on Proclamation.
