Bill 93 - An Act to Amend the Medical Services Payment Act

BILL 93

An Act to Amend the Medical Services Payment Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is amended by adding after section 4.1 the following:

Extension of Agreement

4.101(1) In this section, “Agreement” means the Fee for Service Master Agreement made on July 20, 2006, between the New Brunswick Medical Society and Her Majesty the Queen in right of the Province of New Brunswick as represented by the Minister of Health and includes the agreements that were made on March 16, 2007, and June 21, 2007, between those parties and were added as Addenda to the Fee for Service Master Agreement.

4.101(2) Despite section 4.1 and subject to subsections (3) to (5), the Agreement is extended for the period that begins on April 1, 2008, and ends on March 31, 2010.

4.101(3) The General Economic Increase referred to in the Agreement shall be 0% for the fiscal years 2008-2009 and 2009-2010.

4.101(4) If any decision of an Arbitration Tribunal under Article 8.0 of the Fee for Service Master Agreement made on July 20, 2006, has the effect of changing the General Economic Increase referred to in subsection (3), the decision is hereby altered so that the General Economic Increase is 0% for the fiscal years 2008-2009 and 2009-2010.

4.101(5) If any decision or award of an arbitration panel under New Brunswick Regulation 2002-53 under this Act has the effect of changing the General Economic Increase referred to in subsection (3), the decision is hereby altered so that the General Economic Increase is 0% for the fiscal years 2008-2009 and 2009-2010.

4.101(6) The Tentative Agreement Fee For Service Negotiations Between The Department of Health and The New Brunswick Medical Society reached on December 10, 2008, is null and void.

4.101(7) Any alleged agreement that was negotiated before the date this section received first reading in the Legislative Assembly and that purports to replace the Agreement is null and void.

4.101(8) No action, application or other proceeding lies or shall be instituted against the Minister of Health or against the Crown in right of the Province as a result of the enactment of this section.

4.101(9) This section shall be deemed to have come into force on April 1, 2008.

COMMENCEMENT

2 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.