Bill 4 - An Act to Amend the Prescription and Catastrophic Drug Insurance Act

BILL 4

An Act to Amend the Prescription and Catastrophic Drug Insurance Act

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

1 Section 1 of the Prescription and Catastrophic Drug Insurance Act, chapter 4 of the Acts of New Brunswick, 2014, is amended in the definition “premium” by striking out “annual”.

2 The heading “Advisory Committee” preceding section 10 of the Act is repealed.

3 Section 10 of the Act is repealed.

4 Section 11 of the Act is repealed and the following is substituted:

Experts

11 The Minister may engage experts to advise him or her on any matter related to this Act.

5 The heading “EARLY ENROLMENT” preceding section 12 of the Act is repealed and the following is substituted:

VOLUNTARY MEMBERSHIP

6 Section 12 of the Act is amended

(a) in subsection (1) by striking out “From April 1, 2014, to March 31, 2015, both dates inclusive, an” and substituting “An”;

(b) in subsection (2) by striking out “from May 1, 2014, to March 31, 2015, both dates inclusive”;

(c) in subsection (8) by striking out “that includes reasons for the denial and the person’s right to appeal” and substituting “indicating the reasons for the denial and the person’s right to request that his or her application be reconsidered by the Director”.

7 Subsection 13(1) of the Act is amended by striking out “From April 1, 2014, to March 31, 2015, both dates inclusive, the” and substituting “The”.

8 Subsection 14(1) of the Act is amended in the portion preceding paragraph (a) by striking out “From May 1, 2014, to March 31, 2015, both dates inclusive, a” and substituting “A”.

9 Section 15 of the Act is amended by adding after subsection (1) the following:

15( 1.1) Each entitled person in a family unit except a dependant is jointly and severally liable to pay the premiums of the family unit.

10 The Act is amended by adding after section 15 the following:

Employers

15.1( 1) An employer may remit premiums to the Director on behalf of an employee in the circumstances prescribed by regulation by providing the Director the information prescribed by regulation.

15.1( 2) An employer who remits premiums to the Director under subsection (1) shall remit

(a) the total amount paid to the employer by his or her employee as premiums, and

(b) premiums within the time prescribed by regulation.

15.1( 3) Premiums remitted under subsection (1) shall be accompanied by a statement on a form provided by the Minister.

15.1( 4) Premiums paid by an employee to an employer shall be deemed to have been received by the Director on the date the employee pays the employer.

15.1( 5) If an employer violates or fails to comply with this section, the Director may prohibit the employer from remitting premiums on behalf of his or her employees.

Co-payments

15.2 An entitled person who becomes a member of the Plan under section 12 shall pay the co-payments set by regulation to a participating provider who provides an entitled service to the member.

11 Part 4 of the Act is repealed.

12 Section 29 of the Act is amended

(a) in subsection (2)

( i) in paragraph (a) of the English version by adding “and” at the end of the paragraph;

( ii) in paragraph (b) by striking out “, and” at the end of the paragraph and substituting a period;

( iii) by repealing paragraph (c);

(b) in subsection (3) by striking out “and for minimum requirements under section 40, if applicable”;

29( 4.1) If a request under subsection (4) is denied, the member of the Plan, or the provider or medical practitioner on behalf of the member, may request that the Director reconsider the request.

13 Section 34 of the Act is amended by adding after subsection (2) the following:

34( 3) If a claim is denied under subsection (2), the member of the Plan may request that the Director reconsider the claim.

14 Section 35 of the Act is amended

(a) by renumbering the section as subsection 35(1);

(b) by adding after subsection (1) the following:

35( 2) If restrictions are imposed on a member of the Plan under subsection (1), the member of the Plan may request that the Director reconsider the restrictions.

15 Part 7 of the Act is repealed.

16 Part 8 of the Act is repealed.

17 Section 48 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (8).

18 Section 57 of the Act is amended

(a) in paragraph (c) of the English version by adding “or” at the end of the paragraph;

(b) by repealing paragraph (d);

19 Subsection 58(10) of the French version of the Act is amended by striking out “l’obtention d’un jugement” and substituting “le règlement intervenu en exécution d’un jugement”.

20 Part 10 of the Act is repealed.

21 Section 63 of the Act is amended

(a) by repealing paragraph (e);

(b) by repealing paragraph (f);

(d) by repealing paragraph (h);

(e) in paragraph (i)

( i) in subparagraph (i) by striking out “subsection 12(1), 13(2), 18(3), and 21(2)” and substituting “subsections 12(1) and 13(2)”;

( ii) in subparagraph (ii) by striking out “statements under subsections 13(3) and 21(3);” and substituting “statement under subsection 13(3),”;

( iii) by adding after subparagraph (ii) the following:

( ii.1) to be provided to the Director by an employer under subsection 15.1(1) or by an employer who is remitting premiums on behalf of his or her employees,

( iv) by repealing subparagraph (iii);

( v) by adding after subparagraph (viii) the following:

( viii.1) to be provided by a member of the Plan applying for a recalculation of a premium or co-payment,

( vi) by repealing subparagraph (ix);

( vii) by repealing subparagraph (x);

( viii) by repealing subparagraph (xi);

(f) by repealing paragraph (j) and substituting the following:

(j) prescribing the manner of providing notice under this Act, including

( i) a notice that membership has been denied under subsection 12(8),

( ii) a notice of the suspension of benefits, and

( iii) a notice of the cancellation of membership;

(g) in paragraph (k)

( i) in subparagraph (i) by striking out “or 21(2)”;

( ii) in subparagraph (ii) by striking out “or 36(1)”;

( iii) in subparagraph (iii) by striking out “or 36(4)”;

( iv) by adding after subparagraph (iii) the following:

( iii.1) an employer may remit premiums under paragraph 15.1(2)(b),

( v) by adding after subparagraph (v) the following:

( v.1) the Director shall provide notice of the suspension of benefits,

( v.2) a member of the Plan who has had benefits suspended shall provide payment to the Director,

( v.3) the Director shall provide notice of the cancellation of membership,

( v.4) a former member of the Plan who reinstates membership in the Plan shall not receive benefits,

( v.5) a member of the Plan may make an application for a recalculation of a premium or co-payment,

( vi) by repealing subparagraph (vi);

( vii) by repealing subparagraph (vii);

( viii) by repealing subparagraph (viii);

(h) in paragraph (l) by striking out “or 36(1)”;

(i) in paragraph (o)

( i) in subparagraph (i) by striking out “or 36(1)”;

( ii) in subparagraph (ii) by striking out “or 36(4)”;

( iii) by repealing subparagraph (iii);

( iv) by adding after subparagraph (vi) the following:

( vi.1) a member of the Plan may make an application for a recalculation of a premium or co-payment;

( v) by repealing subparagraph (vii);

(j) by repealing paragraph (p);

(k) in paragraph (q)

( i) by adding before subparagraph (i) the following:

( 0.i) the Director may provide a grace period for non-payment of premiums during which time benefits continue to be provided,

( 0.ii) an employer may remit premiums under subsection 15.1(1),

( ii) by repealing subparagraph (i);

( iii) by adding after subparagraph (iv) the following:

( iv.1) the Director may suspend benefits,

( iv.2) the Director may cancel membership,

( iv.3) the Director may charge a reinstatement fee to a former member of the Plan who reinstates membership in the Plan,

( iv.4) the Director applies a waiting period within which a former member of the Plan who reinstates membership in the Plan shall not receive benefits,

( iv) by adding after subparagraph (vi) the following:

( vi.1) a premium or co-payment may be recalculated,

( v) by repealing subparagraph (vii);

( vi) by adding before subparagraph (viii) the following:

( vii.1) a member of the Plan might not be required to pay all or a portion of a co-payment,

( vii) in subparagraph (viii) by striking out “under subsection 36(4),” and substituting “, and”;

( viii) by repealing subparagraph (ix);

(l) by repealing paragraph (ff);

(m) by repealing paragraph (gg);

(n) by repealing paragraph (hh);

(o) by repealing paragraph (ii);

(p) by repealing paragraph (pp).

22 Section 66 of the Act is amended

(a) in subsection (1) by striking out “Subject to subsections (2) and (3), this” and substituting “This”;

(b) by repealing subsection (2);

23 Schedule A of the Act is repealed and the attached Schedule A is substituted.

24 Schedule B of the Act is repealed and the attached Schedule B is substituted.

25 This Act comes into force on April 1, 2015.

SCHEDULE A

Column 1		Column 2
Provision		Category of Offence
	15.1(2)(a) ...............		H
	15.1(2)(b) ...............		E
	15.1(3) ...............		C
	24...............		C
	25...............		F
	26...............		F
	27(3) ...............		F
	33(2) ...............		F
	46...............		E

SCHEDULE B

Provision
	15.1(2)(b)
	15.1(3)