Optometric Services Payment Negotiation Regulations, 1988, S-29 Reg 16

1 OPTOMETRIC SERVICES PAYMENT NEGOTIATION, 1988 S-29 REG 16 The Optometric Services Payment Negotiation Regulations, 1988 being Chapter S-29 Reg 16 (effective September 27, 1988) as amended by Saskatchewan Regulations 119/2020. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 OPTOMETRIC SERVICES S-29 REG 16 PAYMENT NEGOTIATION, 1988 Table of Contents 1 Title 2 Interpretation 3 Optometric compensation review committee 4 Agreement 5 Optometric consultation committee 6 Mediation 7 Limitation on certain regulation making power 8 R.R.S. c.S-29 Reg 6 repealed 3 OPTOMETRIC SERVICES PAYMENT NEGOTIATION, 1988 S-29 REG 16 CHAPTER S-29 REG 16 The Saskatchewan Medical Care Insurance Act Title 1 These regulations may be cited as The Optometric Services Payment Negotiation Regulations, 1988. Interpretation 2 In these regulations: (a) “Act” means The Saskatchewan Medical Care Insurance Act; (b) “agreement” means an agreement pursuant to section 4; (c) “association” means the Saskatchewan Association of Optometrists; (d) “compensation review committee” means the optometric compensation review committee established pursuant to section 3; (e) “consultation committee” means the optometric consultation committee established pursuant to section 5; (f) “council” means the council of the association; (g) “deputy minister” means the Deputy Minister of Health; (h) “executive director” means the person charged with administering the Act. 7 Oct 88 cS-29 Reg 16 s2. Optometric compensation review committee 3(1) Subject to subsection (2) and the terms of any subsisting agreement, the president of the association or the deputy minister may, at any time, require that an optometric compensation review committee be established by giving written notice to the other party. (2) No notice pursuant to subsection (1) shall be given more than 120 days before the last day on which a subsisting agreement is in force. (3) A compensation review committee shall be composed of not more than: (a) five members, who are to be members or employees of the association, appointed by the president of the association; and (b) five members, one of whom is to be the executive director, appointed by the deputy minister. (4) A notice pursuant to subsection (1) shall state the names of the members of the compensation review committee appointed by the party giving the notice. 4 OPTOMETRIC SERVICES S-29 REG 16 PAYMENT NEGOTIATION, 1988 (5) Within 15 days of receiving a notice pursuant to subsection (1), the party receiving the notice shall appoint its members to the compensation review committee and advise the other party of the names of the members it has appointed. (6) The compensation review committee shall meet within 30 days of the day on which a party receives notice pursuant to subsection (1). 7 Oct 88 cS-29 Reg 16 s3. Agreement 4(1) The objective of the compensation review committee is to prepare an agreement between the council and the minister, that is satisfactory to both parties, stating that the regulations made pursuant to clause 48(1)(c) of the Act prescribing the rates of payments to be made pursuant to the Act with respect to insured services provided to beneficiaries by optometrists should be revised. (2) If the council and the minister are satisfied with the terms of the proposed agreement prepared pursuant to subsection (1), they shall enter into the agreement. (3) An agreement prepared pursuant to subsection (1): (a) may contain any matters related to the general rates of payments to be made pursuant to the Act with respect to insured services provided to beneficiaries by optometrists; and (b) shall specify the term of the agreement, which term shall be at least one year. 7 Oct 88 cS-29 Reg 16 s4. Optometric consultation committee 5(1) A standing committee, to be called the optometric consultation committee, shall be established and composed of: (a) the president of the association, or any other member of the council he may designate, and two other members or employees of the association that the president of the association shall appoint; (b) the deputy minister, or any person he may designate, and a minimum of two other persons that the deputy minister shall appoint. (2) The president of the association or the deputy minister may at any time consult the consultation committee on any matter being considered by the compensation review committee by providing the consultation committee with a written statement of the matter. (3) The consultation committee shall report in writing to the compensation review committee within 21 days of the day that it receives a statement pursuant to subsection (2). 7 Oct 88 cS-29 Reg 16 s5. 5 OPTOMETRIC SERVICES PAYMENT NEGOTIATION, 1988 S-29 REG 16 Mediation 6(1) Subject to subsection (2), where the compensation review committee is unable to prepare an agreement, the president of the association or the deputy minister may refer any matter being considered by the compensation review committee to a mediator by giving written notice of that referral to the other party. (2) No matter shall be referred to a mediator pursuant to subsection (1) unless the consultation committee has been consulted on that matter and has made its report pursuant to subsection 5(3) or the 21-day period mentioned in sub- section 5(3) has expired. (3) The notice mentioned in subsection (1) shall state the matter that the party giving the notice intends to refer to the mediator. (4) If the party receiving the notice pursuant to subsection (1) wishes to refer any additional matter to the mediator, he shall, within 15 days of the day that he receives the notice, notify the other party in writing of that matter. (5) If the president of the association and the deputy minister are unable to agree on the appointment of a mediator within 21 days of the day on which a party receives notice pursuant to subsection (1), either party may apply to a judge of the Court of Queen’s Bench, and the judge may appoint a mediator. (6) The mediator appointed pursuant to subsection (5) shall attempt to assist the parties in reaching an agreement on the matter referred to him, but the parties may, at any time, agree that the mediator may make a decision on a matter referred to him and that the parties shall be bound by that decision. (7) If the parties have agreed to be bound by the decision of the mediator, they shall, with the assistance of the mediator if necessary, enter into an agreement that gives effect to the mediator’s decision. (8) Notwithstanding subsections (6) and (7) or that the parties may have agreed to be bound by the decision of the mediator, the parties mentioned in subsection (5) may enter into an agreement at any time before the mediator reaches his decision, and the mediator thereupon ceases to have jurisdiction with respect to the matters agreed on. 7 Oct 88 cS-29 Reg 16 s6; 4 Dec 2020 SR 119/2020 s16. Limitation on certain regulation making power 7 The minister shall not make a recommendation to the Lieutenant Governor in Council respecting the making of a regulation pursuant to clause 48(1)(c) of the Act prescribing the rates of payments to be made pursuant to the Act in respect of insured services provided to beneficiaries by optometrists unless: (a) the regulation is agreed to in an agreement; or (b) the compensation review committee or the consultation committee has had a reasonable opportunity to discuss the subject matter of the proposed regulation. 7 Oct 88 cS-29 Reg 16 s7. 6 OPTOMETRIC SERVICES S-29 REG 16 PAYMENT NEGOTIATION, 1988 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2020