Bill 39 - An Act Respecting the Regional Health Authorities

BILL 39

An Act Respecting the Regional Health Authorities

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

Regional Health Authorities Act

1( 1) Section 1 of the Regional Health Authorities Act, chapter 217 of the Revised Statutes, 2011, is amended

(a) by repealing the definition “addiction services”;

(b) by repealing the definition “health services” and substituting the following:

“health services” means (services de santé)

(a) hospital services,

(b) community health services,

(d) addiction and mental health services,

(e) extra-mural services,

(f) medical services,

(g) surgical services,

(h) primary care services, and

(i) any other services prescribed by regulation.

“public health services” means services provided to patients or members of the public through programs with respect to preventive health and health promotion and protection and includes any other services prescribed by regulation. (services de santé publique)

(d) by adding the following definition in alphabetical order:

“addiction and mental health services” means services provided to patients on an integrated continuum of care at varying levels of intensity and duration, including services with respect to prevention, education, harm reduction, support, outreach, assessment, crisis intervention, withdrawal management, pharmacological treatment, individual therapy, group programs, case management and recovery maintenance. (services de traitement des dépendances et de santé mentale)

1( 2) Subsection 1.1(1) of the Act is amended in the portion preceding paragraph (a) by striking out “paragraph 9(c),”.

1( 3) The Act is amended by adding after section 5 the following:

Role of Minister

5.1 The Minister shall be responsible for the strategic direction of the health care system in the Province and may take any action that the Minister considers advisable for that purpose, including

(a) establishing the legislative and regulatory framework within which the health care system operates,

(b) establishing goals, objectives and standards for the provision of health services in the Province or areas of the Province,

(d) establishing, implementing and evaluating provincial health care policies, and

(e) conducting financial, human resources and information technology planning for the health care system.

1( 4) The heading “Cadre de responsabilités” preceding section 7 of the French version of the Act is amended by striking out “responsabilités” and substituting “responsabilité”.

1( 5) Section 7 of the Act is repealed and the following is substituted:

7( 1) The Minister shall establish an accountability framework that describes the roles of the Minister, other government ministers and the regional health authorities and that specifies the responsibilities each has towards the others within the provincial health care system.

7( 2) The accountability framework shall include direction to the regional health authorities on establishing strategic objectives and performance measures and reporting requirements with respect to

(a) patient-centred care and clinical outcomes,

(b) patient and family experience, including quality and safety of care,

(d) financial management, and

(e) innovation, education and continuous improvement.

7( 3) The regional health authorities shall implement the strategic objectives, evaluate performance and report to the Minister in the manner determined by the Minister.

7( 4) The Minister shall consult with each regional health authority when establishing an accountability framework.

1( 6) The heading “Minister may establish performance targets” preceding section 9 of the Act is repealed.

1( 7) Section 9 of the Act is repealed.

1( 8) The heading “Provincial standards for health services” preceding section 10 of the Act is repealed.

1( 9) Section 10 of the Act is repealed.

1( 10) Paragraph 19(2)(b) of the Act is amended by striking out “authority’s network of health” and substituting “authority’s health”.

1( 11) Section 20 of the Act is amended

(a) by repealing paragraph (1)(a) and substituting the following:

(a) up to seven voting members appointed by the Minister; and

(b) in subsection (1.1) by striking out “subparagraph (1)(a)(i), the” and substituting “paragraph (1)(a), the”;

(d) by repealing subsection (2) and substituting the following:

20( 2) A member appointed under paragraph (1)(a) shall hold office at the pleasure of the Minister for a term not exceeding three years, and the term may be renewed.

(e) by repealing subsection (5.1) and substituting the following:

20( 5.1) A member appointed under subsection (5) shall meet the eligibility criteria prescribed by regulation for an appointed member.

(f) by repealing subsection (5.2);

(g) by repealing subsection (5.3);

(h) by repealing subsection (5.4);

(i) by repealing subsection (5.5);

(j) by adding after subsection (8) the following:

20( 9) Within three months after the chair of the board is appointed under subsection (6), the Minister shall prepare and issue to the chair a mandate letter containing

(a) the strategic and operational direction of the regional health authority, and

(b) the performance expectations for the regional health authority.

1( 12) The Act is amended by adding after section 20 the following:

Role of board

20.1 A board shall determine the overall direction, goals and objectives of the regional health authority and shall

(a) hire and monitor the chief executive officer and dismiss the chief executive officer, if applicable,

(b) issue a mandate letter to the chief executive officer,

(d) require accountability on the part of the regional health authority.

1( 13) The heading “Chief executive officer” preceding section 26 of the Act is repealed.

1( 14) Section 26 of the Act is repealed.

1( 15) The Act is amended by adding after section 28 the following:

Health System Collaboration Council

28.1( 1) There is established a council called the Health System Collaboration Council to facilitate collaboration between the regional health authorities.

28.1( 2) The Health System Collaboration Council shall consist of

(a) the following five voting members:

( i) the Minister who shall be the Chair;

( ii) the chair of each board of the regional health authorities; and

( iii) an additional member of each board of the regional health authorities to be appointed by the board, and

(b) the following three non-voting members:

( i) the Deputy Minister of Health; and

( ii) the chief executive officer of each regional health authority.

28.1( 3) The Council shall meet at least four times each year at the call of the Chair.

28.1( 4) The Council shall have the following duties and responsibilities:

(a) to oversee the establishment and implementation of performance measures;

(b) to oversee the establishment and implementation of provincial programs;

(d) to study investment, development, recruitment and clinical opportunities from a provincial perspective;

(e) to review common challenges and investigate solutions to benefit all patients; and

(f) to consider the overriding interests of the official linguistic communities.

1( 16) The heading “Operation within accountability framework and performance targets” preceding section 36 of the Act is amended by striking out “accountability framework and performance targets” and substituting “strategic direction and accountability framework”.

1( 17) Section 36 of the Act is amended

(a) by adding before paragraph (a) the following:

(0.a) the strategic direction of the health care system in the Province referred to in section 5.1, and

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

1( 18) The Act is amended by adding after section 41 the following:

Division C.1
Chief Executive Officer

Chief executive officer

41.1 The board shall appoint a chief executive officer of each regional health authority.

Role of chief executive officer

41.2 A chief executive officer shall be responsible to the board for the general management of a regional health authority in accordance with the policies and directions of the board, including

(a) carrying out the policies and programs for the regional health authority,

(b) managing the business and affairs of the regional health authority,

(d) ensuring mechanisms are in place to protect the quality and safety of care, and

(e) any other matters that are delegated to the chief executive officer by the board.

Remuneration of chief executive officer

41.3 A chief executive officer shall be paid the remuneration determined by the board and approved by the Lieutenant-Governor in Council.

Resignation of chief executive officer

41.4 The resignation of a chief executive officer becomes effective at the time a written resignation is received by the board or at the time specified in the resignation, whichever is later.

1( 19) Paragraph 57(4)(b) of the Act is repealed.

1( 20) Section 71 of the Act is amended

(a) in subsection (1)

( i) in paragraph (e) by striking out “or elected”;

( ii) by repealing paragraph (e.1);

( iii) by repealing paragraph (e.2);

( iv) by repealing paragraph (e.3);

( v) by repealing paragraph (e.4);

( vi) by repealing paragraph (e.5);

( vii) by repealing paragraph (e.6);

( viii) by repealing paragraph (e.7);

( ix) by adding after paragraph (g) the following:

(g.1) respecting the Health System Collaboration Council, including regulations regarding

( i) the provision of support to the Council,

( ii) the persons who are eligible or ineligible to be appointed members of the Council,

( iii) the term of office of members of the Council,

( iv) the appointment of a Vice-Chair of the Council,

( v) the grounds for the disqualification of members of the Council,

( vi) the remuneration of and reimbursement of expenses of members of the Council,

( vii) the duties and responsibilities of the Council, and

( viii) the governance of the Council;

( x) by adding after paragraph (l.1) the following:

(l.2) prescribing services for the purposes of paragraph (i) of the definition “health services”;

( xi) by repealing paragraph (t);

(b) in subsection (2) by striking out “(e), (e.1) to (e.7), or (i)” and substituting “(e) or (i)”.

Regulation under the Regional Health Authorities Act

2( 1) The heading “Admissibilité et éligibilité” preceding section 3 of the French version of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended by striking out “et éligibilité”.

2( 2) Section 3 of the Regulation is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “or elected”;

( ii) in paragraph (f.1) of the English version by adding “and” at the end of the paragraph;

( iii) in paragraph (h) by striking out “; and” and substituting a period;

( iv) by repealing paragraph (i);

(b) in subsection (2) by striking out “subparagraph 20(1)(a)(i)” and substituting “paragraph 20(1)(a)”;

(d) by repealing subsection (4) and substituting the following:

3( 4) A member of a board becomes disqualified from serving on the board if the person ceases to be ordinarily resident in the health region for which the person was appointed.

(e) in subsection (5) by striking out “subparagraph 20(1)(a)(i)” and substituting “paragraph 20(1)(a)”.

2( 3) Subsection 4(1) of the Regulation is repealed.

2( 4) The heading “Subregions” preceding section 6 of the Regulation is repealed.

2( 5) Section 6 of the Regulation is repealed.

2( 6) The heading “Elections” preceding section 7 of the Regulation is repealed.

2( 7) Section 7 of the Regulation is repealed.

2( 8) The heading “Eligibility for voting” preceding section 8 of the Regulation is repealed.

2( 9) Section 8 of the Regulation is repealed.

2( 10) The heading “Death of candidate” preceding section 9 of the Regulation is repealed.

2( 11) Section 9 of the Regulation is repealed.

2( 12) The heading “Appointment of elected member” preceding section 10 of the Regulation is repealed.

2( 13) Section 10 of the Regulation is repealed.

2( 14) The heading “Adopting provisions of the Municipal Elections Act” preceding section 11 of the Regulation is repealed.

2( 15) Section 11 of the Regulation is repealed.

2( 16) The heading “Offences and penalties” preceding section 12 of the Regulation is repealed.

2( 17) Section 12 of the Regulation is repealed.

2( 18) Schedule A of the Regulation is repealed.

Transitional provision

3 Unless inconsistent with the provisions of this Act, a decision or by-law of the board of directors of a regional health authority that was in force immediately before the coming into force of this Act remains in force until a decision is made that overrides the decision or the by-law is repealed, as the case may be.