NLR 20/23 - Provincial Health Authority Regulations under the Provincial Health Authority Act

NEWFOUNDLAND AND LABRADOR REGULATION 20/23 Provincial Health Authority Regulations under the Provincial Health Authority Act (O.C. 2023-073) Amended: 106/24 NEWFOUNDLAND AND LABRADOR REGULATION 20/23 Provincial Health Authority Regulations under the Provincial Health Authority Act (O.C. 2023-073) (Filed March 30, 2023) Under the authority of section 36 of the Provincial Health Authority Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 29, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Board of trustees 4. Responsibilities of the authority 5. Financial records and accounting 6. Health regions 7. Regional health councils 8. Delegation 8.1 Unclaimed remains 9. NLR 18/08 Rep. 10. Commencement Short title 1. These regulations may be cited as the Provincial Health Authority Regulations. 20/23 s1 Back to Top Definitions 2. (1) In these regulations (a) "Act" means the Provincial Health Authority Act ; (b) "member" means a person appointed to a regional health council; and (c) "Standards for Management Information Systems in Canadian Health Service Organizations" means the standards for managing financial and statistical data developed and maintained by the Canadian Institute for Health Information and includes all amendments and revisions made to those standards. (2) For the purposes of the Act and these regulations (a) "health and community services" means services in the following areas: ( i ) health protection and promotion, (ii) continuing and long term care, (iii) community health, (iv) mental health, (v) addiction services, (vi) community supports and home care, (vii) treatment of illness and injury, (viii) hospital care, (ix) evaluation, research and quality assurance, (x) health screening, (xi) adults in need of protective intervention, and (xii) road ambulance services; and (b) "health service provider" means a person, including a corporation, that is employed by, contracted by, affiliated with or holds privileges with the authority for the purposes of providing health care on behalf of the authority, and includes persons licensed or registered to provide health care under an Act of the province. 20/23 s2 Back to Top Board of trustees 3. (1) For the purposes of subsection 11(3) of the Act, the Lieutenant-Governor in Council shall appoint not less than 8 and not more than 18 trustees to the board. (2) Employees and medical staff of the authority are not eligible to be appointed as trustees. 20/23 s3 Back to Top Responsibilities of the authority 4. The authority shall supervise, direct and control the delivery of health and community services. 20/23 s4 Back to Top Financial records and accounting 5. (1) The financial records of the authority shall be prepared in accordance with generally accepted accounting principles. (2) Financial and statistical reporting by the authority shall be in accordance with the Standards for Management Information Systems in Canadian Health Service Organizations and in accordance with any other reporting guidelines or standards which may be required by the minister. 20/23 s5 Back to Top Health regions 6. The province shall be divided into 5 health regions as follows: (a) Region 1 which extends from the Town of Conception Bay South inclusive in the west and the Town of Witless Bay inclusive in the southeast to the Town of Pouch Cove inclusive in the north, but does not include Bell Island; (b) Region 2 which consists of the portion of the Avalon Peninsula that is not included in Region 1, Bell Island and the Bonavista and Burin Peninsulas extending to Port Blandford inclusive; (c) Region 3 which extends from Charlottetown inclusive in the east, Fogo Island in the northeast, Harbour Breton/the Connaigre Peninsula in the south to the Baie Verte Peninsula in the west; (d) Region 4 which extends from Port aux Basques on the southwest coast to Francois, northwest to Bartlett's Harbour inclusive and on the eastern boundary north to Jackson's Arm inclusive; and (e) Region 5 which consists of the area north of Bartlett's Harbour and north of Englee inclusive on the Northern Peninsula and all of Labrador. 20/23 s6 Back to Top Regional health councils 7. (1) The following regional health councils are established: (a) Region 1 Health Council; (b) Region 2 Health Council; (c) Region 3 Health Council; (d) Region 4 Health Council; and (e) Region 5 Health Council. (2) The minister shall appoint not less than 5 members and not more than 15 members to each regional health council. (3) The minister shall appoint a chairperson for each regional health council. (4) For the purpose of subsection (3), the chairperson of a regional health council shall be appointed from the members appointed to that regional health council under subsection (2). (5) The members shall be appointed for a term of 3 years and may be reappointed for one further term of 3 years. (6) Where a member of a regional health council resigns from or becomes unable to carry out the member's duties and responsibilities, the minister shall appoint a person to replace the member for the remainder of the member's term. (7) Where the term of a member of a regional health council expires, the member continues to be a member until reappointed or replaced. 20/23 s7 Back to Top Delegation 8. (1) The minister may delegate to the authority the minister's power to appoint an inspector under paragraph 2(c) of the Health and Community Services Act, for the purpose of the Personal Care Home Regulations made under that Act only. (2) A delegation referred to in subsection (1) shall be in writing. 20/23 s8 Back to Top Unclaimed remains 8.1 (1) For the purposes of paragraph 2(q) of the Act, unclaimed remains means the body of a deceased person that (a) has not been cremated or buried; and (b) has not been claimed. (2) For the purposes of the Act and these regulations, a body of a deceased person is considered to be claimed where , (a) a person other than the authority has arranged for the final disposition of the body of the deceased person; and (b) the authority has received confirmation from a funeral home that it will accept the body of the deceased person. (3) In order to determine whether a body of a deceased person is unclaimed remains, the authority shall, for the purposes of trying to locate a person who may be entitled to claim the body of the deceased person, attempt to contact the following persons: (a) the spouse, parents, children, siblings or other known relatives of the deceased person; and (b) any other person who may be entitled to claim the body of the deceased person. (4) Where the authority is unable to locate any of the persons referred to in subsection (3) within 14 days of receipt of the body of the deceased person, the authority shall provide notice of the authority's receipt of the body of the deceased person on the authority's website, in the form and manner set by the minister for a period of 5 days. (5) Where the body of the deceased person is not claimed in accordance with subsections (3) and (4) but the authority is of the opinion that a person may claim the body of the deceased person, the authority may delay making the determination that the body of the deceased person is unclaimed remains for the period that the authority determines necessary to allow the body of the deceased person to be claimed. (6) The authority may dispose of unclaimed remains by one of the following methods: (a) burial; (b) cremation; or (c) another method of final disposition the authority considers appropriate in the circumstances. 106/24 s1 Back to Top NLR 18/08 Rep. 9. The Regional Health Authorities Regulations, Newfoundland and Labrador Regulation 18/08, are repealed. 20/23 s9 Back to Top Commencement 10. These regulations come into force on the date the Act comes into force. 20/23 s10