BILL 25
An Act to Amend the Prescription Drug Payment 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 Drug Payment Act, chapter P-15.01 of the Acts of New Brunswick, 1975, is amended
aby repealing the definition “Minister” and substituting the following:
“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf; (ministre)
bin paragraph c) of the French version of the definition « bénéficiaire » by striking out “Ministre” wherever it appears and substituting “ministre”;
cin the French version of the definition « régime » by striking out “établi” and substituting “institué”;
din the English version of the definition “resident” by striking out the period at the end of the definition and substituting a semicolon;
ein the French version of the definition « service assuré » by striking out “Ministre” and substituting “ministre”;
fby adding the following definition in alphabetical order:
“Review Committee” means the Inspection Review Committee established under section 3.8; (Comité d’examen)
2 The Act is amended by adding after section 1 the following:
Establishment of programme
1.1 There is established a prescription drug programme for the purpose of ensuring that a beneficiary receives reimbursement or payment on his or her behalf for the cost of entitled services that are provided to the beneficiary or receives payment of premiums on behalf of the beneficiary.
3 The heading “Powers of Minister” preceding section 2 of the Act is repealed.
4 Section 2 of the Act is repealed.
5 The Act is amended by adding after section 2 the following:
Appointment of Director
2.001( 1) The Minister shall appoint an employee of the Civil Service, as defined in the Civil Service Act, as Director of the programme.
2.001( 2) The Director shall exercise the powers and perform the duties as provided for under this Act and the regulations.
2.001( 3) The Director may access any database or information system of the Minister for the purpose of exercising or performing his or her powers or duties under this Act and the regulations.
2.001( 4) The Director may designate one or more persons to act on the Director’s behalf.
Appointment of Programme Administrator
2.002 The Minister shall appoint a Programme Administrator to exercise the powers and perform the duties as provided for under this Act and the regulations.
Agreements
2.003 The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of a province or territory of Canada or the Government of Canada if the Minister considers the agreements necessary or expedient for the administration of this Act.
Policies and guidelines
2.004( 1) The Minister may establish provincial policies and guidelines related to the administration of the programme.
2.004( 2) A policy or guideline established under subsection (1) shall be published by the Minister as soon as practicable on the Department of Health website.
2.004( 3) The Regulations Act does not apply to provincial policies and guidelines established under subsection (1).
6 Subsection 2.01(1) of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
7 Section 2.1 of the Act is amended
aby repealing subsection (1) and substituting the following:
2.1( 1) Subject to subsection (1.1), the Minister may determine a drug, good or service to be an entitled service for the purposes of the programme.
bin paragraph (1.1)b) of the French version by striking out “Ministre” and substituting “ministre”;
cin subsection (1.2) of the French version by striking out “Ministre” and substituting “ministre”;
din subsection (1.3) of the French version in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
ein subsection (2) of the French version by striking out “Ministre” wherever it appears and substituting “ministre”;
fin subsection (3) of the French version
( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
( ii) in paragraph a) by striking out “Ministre” and substituting “ministre”;
gin subsection (4) of the French version by striking out “Ministre” and substituting “ministre”;
hin subsection (5) of the French version by striking out “Ministre” and substituting “ministre”;
iin subsection (6) of the French version by striking out “Ministre” wherever it appears and substituting “ministre”.
8 Section 2.11 of the of the Act is amended
ain subsection (1) of the French version
( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
( ii) in paragraph a) by striking out “Ministre” and substituting “ministre”;
( iii) in paragraph b) by striking out “Ministre” wherever it appears and substituting “ministre”;
bin subsection (2) of the French version by striking out “Ministre” wherever it appears and substituting “ministre”;
cin subsection (3) of the French version
( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
( ii) in paragraph a) by striking out “Ministre” wherever it appears and substituting “ministre”;
( iii) in paragraph b) by striking out “Ministre” wherever it appears and substituting “ministre”;
( iv) in paragraph c) by striking out “Ministre” wherever it appears and substituting “ministre”;
dby adding after subsection (3) the following:
2.11( 3.1) Members of all advisory committees who are not employees of the Civil Service, as defined in the Civil Service Act, are entitled to daily allowances fixed by the Minister.
ein subsection (4) of the French version
( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
( ii) in paragraph a) by striking out “Ministre” wherever it appears and substituting “ministre”;
( iii) in paragraph b) by striking out “Ministre” wherever it appears and substituting “ministre”;
( iv) in paragraph c) by striking out “Ministre” wherever it appears and substituting “ministre”.
9 Section 2.2 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
10 Section 2.3 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
11 Section 2.4 of the French version of the Act is amended
ain subsection (1) by striking out “Ministre” and substituting “ministre”;
bin subsection (2) in the portion following paragraph b) by striking out “Ministre” and substituting “ministre”;
cin subsection (3) by striking out “Ministre” and substituting “ministre”;
din subsection (4) by striking out “Ministre” and substituting “ministre”;
ein subsection (5) by striking out “Ministre” and substituting “ministre”.
12 The heading “Le Ministre peut fixer la somme disponible pour le bénéficiaire” preceding section 2.5 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
13 Section 2.5 of the French version of the Act is amended
ain subsection (1) in the portion preceding the definition « classe ou classes de médicaments » by striking out “règlement” and substituting “article”;
bin subsection (2) by striking out “Ministre” wherever it appears and substituting “ministre”;
cin subsection (3)
( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
( ii) in paragraph c) by striking out “Ministre” and substituting “ministre”;
din subsection (4) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
ein subsection (6) by striking out “Ministre” and substituting “ministre”.
14 The heading “Accord entre le Ministre et le dispensateur participant” preceding section 3 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
15 Section 3 of the French version of the Act is amended
ain the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
bin paragraph a) by striking out “Ministre” and substituting “ministre”;
cin paragraph c) by striking out “Ministre” and substituting “ministre”;
din paragraph d) by striking out “Ministre” and substituting “ministre”.
16 The Act is amended by adding after section 3 the following:
Claims
3.1( 1) A participating provider who provides an entitled service to a beneficiary shall submit a claim to the Programme Administrator with the information prescribed by regulation within the time prescribed by regulation.
3.1( 2) The Minister shall determine the amount to be paid to a participating provider in respect of any entitled service provided as a benefit in accordance with a method of determining the amount prescribed by regulation.
3.1( 3) Despite subsection (2), the Director shall determine the amount to be paid to a participating provider in respect of any entitled service provided as a benefit for which payments cannot be determined in accordance with the regulation.
3.1( 4) A participating provider shall not submit a claim for the cost of an entitled service if the participating provider has not provided the entitled service.
Non-compliance
3.11( 1) If the Director believes, on reasonable grounds, that a participating provider or a beneficiary has violated or failed to comply with a provision of this Act or the regulations, the Director may
aissue a warning letter to the provider or beneficiary,
bmake an order suspending the participation of the provider or beneficiary in the programme for the period specified in the order, and
cmake an order cancelling the participation of the provider or beneficiary in the programme.
3.11( 2) An order under paragraph (1)(b) or (c) shall be served on the participating provider or the beneficiary by personal service or registered mail.
Inspectors
3.2( 1) The Minister may designate persons as inspectors for the purposes of this Act and the regulations.
3.2( 2) The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.
Inspections
3.21( 1) An inspector may
arequire to be produced any record or document or copies or extracts of any record or document, and
bmake those examinations and inquiries of any person that the inspector considers necessary to ensure compliance with the provisions of this Act and the regulations.
3.21( 2) A person shall produce a record or document or copies or extracts of a record or document required by the inspector under paragraph (1)(a) without delay.
3.21( 3) At any reasonable time, an inspector may enter and inspect premises at which a participating provider practises or operates for the purpose of ensuring compliance with this Act and the regulations.
3.21( 4) An inspector who enters and inspects premises under subsection (3) shall produce his or her certificate of appointment on request.
3.21( 5) Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.
Confidentiality of information
3.3 A statement, declaration, record or document made or given by a person on request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.
Obstruction of inspector
3.4 No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under section 3.21.
Powers of the Minister
3.5 After an inspection has been conducted, the Minister may order, in writing, the participating provider to pay an amount owing to the Minister.
Results of inspection
3.6( 1) An inspector shall report the results of an inspection in writing to the participating provider who is the subject of the inspection.
3.6( 2) Within 30 days after receiving the results of an inspection, a participating provider may make a request to the inspector that the inspector reconsider the results of the inspection.
3.6( 3) The request under subsection (2) shall indicate the reasons for which the request is made and include additional relevant information, if any.
3.6( 4) Within 30 days after receiving the request for a reconsideration, the inspector shall send the participating provider confirmation of the original inspection results or the amended inspection results and notice of the participating provider’s right to make a request that the Review Committee review the results of the inspection.
Review of results
3.7( 1) Within 30 days after receiving the results of a reconsideration, the participating provider may make a request to the Director that the Review Committee review the results of the inspection.
3.7( 2) On receiving a request for review, the Director shall send the request without delay to the Review Committee and the Review Committee shall make its recommendations to the Minister within 30 days after receiving the request.
3.7( 3) The Minister may affirm or vary the results of the inspection based on the recommendations of the Review Committee.
3.7( 4) Within 30 days after receiving the recommendations of the Review Committee, the Minister shall send its decision to the participating provider.
3.7( 5) A decision by the Minister is final and may not be questioned or reviewed in any court.
Inspection Review Committee
3.8( 1) There is established the Inspection Review Committee consisting of members appointed by the Lieutenant-Governor in Council.
3.8( 2) Members of the Review Committee who are not employees of the Civil Service, as defined in the Civil Service Act, are entitled to daily allowances fixed by the Lieutenant-Governor in Council.
3.8( 3) The Review Committee may adopt the rules and procedures that it considers advisable.
Overpayments
3.9 The Minister may deduct from any amount payable to a participating provider an amount equal to the amount of any overpayment made as determined as a result of an inspection under section 3.21.
17 The heading “Records and related requirements” preceding section 4 of the Act is repealed.
18 Section 4 of the Act is repealed.
19 The heading “Communication de renseignements par le Ministre” preceding section 4.1 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
20 Section 4.1 of the Act is amended
ain the portion preceding paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;
bin paragraph (b) by striking out “a programme established under this Act” and substituting “the programme”;
cin the portion following paragraph b) of the French version by striking out “Ministre” and substituting “ministre”.
21 Section 5 of the Act is amended
ain subsection (1)
( i) in the French version in the portion preceding paragraph a) by striking out “, quiconque” and substituting “quiconque :”;
( ii) in paragraph (a) by striking out “application” and substituting “application or a claim”;
( iii) by adding after paragraph (a.2) the following:
a.3who knowingly fails to provide any information, document or record;
( iv) by repealing paragraph (b) and substituting the following:
bwho submits a claim or makes a request for reimbursement
( i) for the cost of an entitled service that was not provided, or
( ii) for an amount in excess of the cost of the entitled service that was provided;
bby repealing subsection (2);
cby repealing subsection (3) and substituting the following:
5( 3) A person who violates or fails to comply with subsection 5(1) commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
dby adding after subsection (3) the following:
5( 4) A person who violates or fails to comply with section 3.4 commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
5( 5) A person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
5( 6) Despite subsection (5), a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 7(m.2) commits an offence of the category prescribed by regulation.
22 The Act is amended by adding after section 5 the following:
Continuing offence
5.1 If an offence under this Act or the regulations continues for more than one day,
athe minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
bthe maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
23 The heading “Certificat du Ministre comme preuve” preceding section 6 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
24 Section 6 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.
25 Section 6.1 of the Act is amended in the portion preceding paragraph (a) by striking out “a programme established under this Act” and substituting “the programme”.
26 The Act is amended by adding after section 6.1 the following:
Debt due to the Province
6.2( 1) An amount owing to the Minister under this Act or the regulations becomes a debt due to the Province.
6.2( 2) The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.
6.2( 3) A certificate issued under subsection (2) may be filed in The Court of Queen’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
6.2( 4) All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.
6.2( 5) The Minister may charge interest on an amount owing to the Minister under this Act or the regulations at an interest rate prescribed by regulation.
Immunity
6.3 No action or other proceeding may be brought against any of the following persons for anything done or not done, or for any neglect, in the performance or exercise, or the intended performance or exercise, in good faith of a power or duty under the authority of this Act or the regulations:
athe Minister;
bthe Director;
cthe Programme Administrator; or
da person acting under or who has acted under the authority of this Act or the regulations.
27 Section 7 of the Act is amended
ain paragraph a.1) of the French version by striking out “Ministre” and substituting “ministre”;
bin paragraph e.5) of the French version by striking out “Ministre” and substituting “ministre”;
cin paragraph e.6) of the French version by striking out “Ministre” and substituting “ministre”;
din paragraph f.3) of the French version by striking out “Ministre” and substituting “ministre”;
ein paragraph g) of the French version by striking out “comptes” and substituting “réclamations”;
fin paragraph h) of the French version by striking out “comptes relatifs” and substituting “réclamations relatives”;
gin paragraph l) by striking out “remuneration and”;
hby adding after paragraph (l) the following:
l.1setting out the powers and duties of the Director and the Programme Administrator;
l.2conferring additional powers and duties to inspectors;
l.3respecting appointments to the Review Committee, including the size, composition and quorum of the Review Committee and the term of office, qualifications and compensation of its members;
l.4prescribing information to be provided to the Programme Administrator by a participating provider for the purposes of subsection 3.1(1);
l.5prescribing the time within which the participating provider shall submit a claim for the purposes of subsection 3.1(1);
l.6prescribing the method of determining the amount to be paid by the Minister to a participating provider under subsection 3.1(2), including the circumstances in which a reassessment may be conducted and an adjustment to the amount may be made;
iin paragraph m.1) of the French version by striking out “définir” and substituting “définissant”;
jby adding after paragraph (m.1) the following:
m.2prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
m.3setting an interest rate for the purposes of subsection 6.2(5);
28 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.