BILL 90

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 English version of the Prescription and Catastrophic Drug Insurance Act, chapter 4 of the Acts of New Brunswick, 2014, is amended

(a)  in the definition “insurer” by striking out “or an individual” and substituting “and includes an individual”;

(b)  in the definition “person with a disability” by striking out “is eligible for a Disability Tax Credit under the Income Tax Act (Canada), was eligible for the tax credit as a minor” and substituting “has been eligible for a Disability Tax Credit under the Income Tax Act (Canada) since the person was a minor”.

2 Section 4 of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

3 Section 12 of the English version of the Act is amended

(a)  in subsection (6) by striking out “he or she” and substituting “the person”;

(b)  in subsection (7) by striking out “his or her” and substituting “the person’s”;

(c)  in subsection (8) by striking out “his or her” wherever it appears and substituting “the person’s”.

4 Section 15.1 of the English version of the Act is amended

(a)  in paragraph (2)(a) by striking out “his or her” and substituting “the”;

(b)  in subsection (5) by striking out “his or her” and substituting “their”.

5 Subsection 22(2) of the English version of the Act is amended

(a)  in the portion preceding paragraph (a) by striking out “he or she” and substituting “the provider”;

(b)  in paragraph (a) by striking out “he or she” and substituting “the provider”;

(c)  in paragraph (b) by striking out “he or she” and substituting “the provider”;

(d)  in paragraph (c) by striking out “he or she” and substituting “the provider”.

6 Section 27 of the Act is amended by adding after subsection (2) the following:

27( 2.1) Despite subsection (1), a participating provider shall not submit a claim for an entitled service if there is no amount to be paid for the claim under subsection (2).

7 Subsection 29(3) of the English version of the Act is amended by striking out “he or she” and substituting “the Director”.

8 Subsection 34(3) of the English version of the Act is amended by striking out “his or her” and substituting “the”.

9 Subsection 44(4) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

10 Section 58 of the English version of the Act is amended

(a)  in subsection (1) by striking out “suffered by him or her” and substituting “they have suffered”;

(b)  in subsection (2) by striking out “he or she” wherever it appears and substituting “the person”;

(c)  in subsection (3) by striking out “he or she” and substituting “the person”;

(d)  in subsection (8) by striking out “his or her” and “him or her” and substituting “the person’s” and “the person”, respectively;

(e)  in subsection (9) by striking out “he or she” and substituting “the person”;

(f)  in subsection (11) by striking out “his or her” and substituting “the person’s”;

(g)  in subparagraph (14)(a)(iii) by striking out “his or her” and substituting “their”.

11 The Act is amended by adding after section 61 the following:

Annual funding review

61.1( 1) The Minister shall establish, in accordance with section 9, a funding policy which shall set out funding levels for the Plan.

61.1( 2) The Minister shall review, at least once every year, the financial and economic aspects of the Plan.

61.1( 3) When the review indicates that the funding level of the Plan is not in compliance with the funding policy, the Minister shall make recommendations to the Executive Council with respect to funding the Plan, which may include recommending changes to the classes of members of the Plan or the amounts of premiums or co-payments.

61.1( 4) When a premium increase for a member of the Plan is attributable to the operation of subsection (3), the increase may be phased in over a period of time in accordance with the regulations.

12 Section 62 of the English version of the Act is amended by striking out “his or her” and substituting “their”.

13 Section 63 of the Act is amended

(a)  in subparagraph (i)(ii.1) of the English version by striking out “his or her” and substituting “their”;

(b)  in subparagraph (i)(v) by striking out “a benefit” and substituting “an entitled service”;

(c)  by adding after paragraph (n) the following:

(n.1)  governing the phase-in of premium increases payable by members of the Plan, which may vary for different members or classes of members, including the period of time within which the phase-in occurs and the circumstances in which it applies;