Government of Newfoundland and Labrador Department of Health and Community Services July 16, 2018 COR/2018/073433 Dear Applicant: Re: Your request for access to information under Part II of the Access to Information and Protection of Privacy Act [Our File #: HCS/083/2018] On June 15, 2018, the Department of Health and Community Services (the Department) received your request for access to the following records: Please provide a copy of all records dated between 1 November 1997 and 31 March 1998 related to or concerning paragraph 4(x.1) of the Medical Care Insurance Insured Services Regulations, including all communications between the DHCS and Cabinet Secretariat related to or concerning paragraph 4(x.1). I am pleased to inform you that a decision has been made by the Department to provide access to some the requested information. Access to the remaining information contained within the records has been refused in accordance with the following exceptions to disclosure as specified in the Access to Information and Protection of Privacy Act (the Act): Legal Advice s. 30. (1) The head of a public body may refuse to disclose to an applicant information (a) that is subject to solicitor and client privilege or litigation privilege of a public body; or (b) that would disclose legal opinions provided to a public body by a law officer of the Crown. The following pages have been removed under s.30 (1)(a) and s. 30 (1)(b) of the Act: Pages 8-10, Page 13, Pages 16-31. Please be advised that you may ask the Information and Privacy Commissioner to review the processing of your access request, as set out in section 42 of the Access to Information and Protection of Privacy Act (the Act). A request to the Commissioner must be made in writing within 15 business days of the date of this letter or within a longer period that may be allowed by the Commissioner. The address and contact information of the Information and Privacy Commissioner is as follows: Office of the Information and Privacy Commissioner 2 Canada Drive P. O. Box 13004, Stn. A St. John s, NL. A1B 3V8 Telephone: (709) 729-6309 Toll-Free: 1-877-729-6309 Facsimile: (709) 729-6500 P.O. Box 8700, St. John s, NL, Canada A1B 4J6 t 709.729.3124 f 709.729.0121
Government of Newfoundland and Labrador Department of Health and Community Services You may also appeal directly to the Supreme Court Trial Division within 15 business days after you receive the decision of the public body, pursuant to section 52 of the Act. Please be advised that responsive records will be published following a 72 hour period after the response is sent electronically to you or five business days in the case where records are mailed to you. It is the goal to have the responsive records posted to the Completed Access to Information Requests website within one business day following the applicable period of time. Please note that requests for personal information will not be posted online. If you have any further questions, please contact the undersigned by telephone at 709-729-7010 or by email at MichaelCook@gov.nl.ca. Sincerely, Michael Cook ATIPP Coordinator /Enclosures P.O. Box 8700, St. John s, NL, Canada A1B 4J6 t 709.729.3124 f 709.729.0121
Government of Newfoundland and Labrador Department of Health and Community Services Access or correction complaint 42. (1) A person who makes a request under this Act for access to a record or for correction of personal information may file a complaint with the commissioner respecting a decision, act or failure to act of the head of the public body that relates to the request. (2) A complaint under subsection (1) shall be filed in writing not later than 15 business days (a) after the applicant is notified of the decision of the head of the public body, or the date of the act or failure to act; or (b) after the date the head of the public body is considered to have refused the request under subsection 16 (2). (3) A third party informed under section 19 of a decision of the head of a public body to grant access to a record or part of a record in response to a request may file a complaint with the commissioner respecting that decision. (4) A complaint under subsection (3) shall be filed in writing not later than 15 business days after the third party is informed of the decision of the head of the public body. (5) The commissioner may allow a longer time period for the filing of a complaint under this section. (6) A person or third party who has appealed directly to the Trial Division under subsection 52 (1) or 53 (1) shall not file a complaint with the commissioner. (7) The commissioner shall refuse to investigate a complaint where an appeal has been commenced in the Trial Division. (8) A complaint shall not be filed under this section with respect to (a) a request that is disregarded under section 21 ; (b) a decision respecting an extension of time under section 23 ; (c) a variation of a procedure under section 24 ; or (d) an estimate of costs or a decision not to waive a cost under section 26. (9) The commissioner shall provide a copy of the complaint to the head of the public body concerned. P.O. Box 8700, St. John s, NL, Canada A1B 4J6 t 709.729.3124 f 709.729.0121
Government of Newfoundland and Labrador Department of Health and Community Services Direct appeal to Trial Division by an applicant 52. (1) Where an applicant has made a request to a public body for access to a record or correction of personal information and has not filed a complaint with the commissioner under section 42, the applicant may appeal the decision, act or failure to act of the head of the public body that relates to the request directly to the Trial Division. (2) An appeal shall be commenced under subsection (1) not later than 15 business days (a) after the applicant is notified of the decision of the head of the public body, or the date of the act or failure to act; or (b) after the date the head of the public body is considered to have refused the request under subsection 16 (2). (3) Where an applicant has filed a complaint with the commissioner under section 42 and the commissioner has refused to investigate the complaint, the applicant may commence an appeal in the Trial Division of the decision, act or failure to act of the head of the public body that relates to the request for access to a record or for correction of personal information. (4) An appeal shall be commenced under subsection (3) not later than 15 business days after the applicant is notified of the commissioner s refusal under subsection 45 (2). P.O. Box 8700, St. John s, NL, Canada A1B 4J6 t 709.729.3124 f 709.729.0121
., 1 11 41 (. 1 f { GOVERNMENT OF NEWFOUNDLAND AND LABRADOR Department of Health Office of the Deputy Minister January 29, 1998 MR. G. Will E MR. C. HART MS. P. ELLIOTT MS. B. FITZGERALD DR. E. HUNT This is to inform you that, under the authority of section 44 of the Medical Care Insurance Act, the Lieutenant-Governor in Council is pleased to make regulations, entitled the "Medical Care Insurance Insured Services Regulations (Amendment)", a copy of which is on file with the Clerk of the Executive Council to preclude funding of any further health care clinics. RJW/ab LLIAMS M.D., M.P.H. Deputy Minister c.c. Ms. Wanda Legge Ms. Kathy Babstock P.O. Box 8700, West Block, Confederation Building. St. John's, ewfoundland, Canada, A 1 B 4j6
I EXECJTIVE 'ce>uncil OF.r NEWFOUNDlAND,. 2 ~~It> ~ (U w~ ~oft? (U~ (U ~ o/ tfe, ~~ o/' tfe, ~.ucu/ive ce~~~~ ~ ~ ~life, '9!~-~~ MV 1998-01-23 oc 98-008 H/DM J F/DM J/DM P. Kennedy c. Lake (1) F. Delaney AG AF File MC 98-0018; MC 98-0005. H 41-97; SPC 106-97 Under the authority of section 44 of the Medical Care Insurance Act, the Lieutenant-Governor in Council is pleased to make regulations, entitled the "Medical Care Insurance Insured Services Regulations (Amendment)", a copy of which is on file with the Clerk of the Executive Council, to preclude funding of any further health care clinics. Clerk of the Executive Council
EXECUTIVE COUNCrt OF ) NEWFOUNDLAND 3 c:e~ h ~a- W"tue- ~~? a-~ a ~: "' ce~ ~ ~~ CfioanJ ~~ o, tmw~7 ~ ~ ~ '9!~-~~ ()?b 1998-01-23 oc 98-008 H/DMJ' P/DM J/DM P. Kennedy c. Lake (1) P. Delaney AG AP Pile MC 98-0018; MC 98-0005. H 41-97; SPC 106-97 Under the authority of section 44 of the Medical Care Insurance Act, the Lieut nant-governor in Council is pleased to make regulations, entitled the "Medical Care Insurance Insured Services Regulations (Amendment)", a copy of which is on file with the Cler.k of the Executive Council, to preclude funding of any further health care clinics. Clerk of the Executive Council
-. 4 GOVERNMENT OF NEWFOUNDLAND AND LABRADOR Department of Health Office of the Deputy Minister January 14, 1998 MR. G. WIDTE MR. C. HART MS. B. FITZGERALD MS. P. ELLIOTT DR. E. HUNT This is to inform you that the submission of the Minister of Health respecting regulation of private health clinics was considered. Cabinet delegated decision making authority to a committee of Ministers, comprised of the Minister of Finance and President of Treasury Board and the Ministers of Health and Justice, to determine whether a framework policy for the regulation of private health care clinics is necessary and to approve any necessary policy and related regulations. RJW/ab c.c. Ms. Wanda Legge P.O. Box 8700, West Block, Confederation Building, St. John's, Newfoundland, Canada. AlB 4J6
5 ll CABINET DIRECTIVE The following is a Copy of a Directive passed by Cabinet at a Meeting held on 1998-01-06 MC 98-0005 H/DM / F/DM J/DM P. Kennedy F. Delaney AG AF File H 41-97; SPC 106-97 The submission of the Minister of Health respecting regulation of private health clinics was considered. Cabinet delegated decision making authority to a committee of Ministers, comprised of the Minister of Finance and President of Treasury Board and the Ministers of Health and Justice, to determine whether a framework policy for the regulation of private health care clinics is necessary and to approve any necessary policy and related regulations. Clerk of the Executive Council
.. 6 MC 98-0005 H 41-97; SPC 106-97. The submission of the Minister of Health respecting regulation of private health clinics was considered. Cabinet delegated decision making authority to a committee of Ministers, comprised of the Minister of Finance and President of Treasury Board and the Ministers of Health and Justice, to determine whether a framework policy for the regulation of private health care clinics is necessary and to approve any necessary policy and related regulations.
.... f I 'TRNSISSIGI VERIFICAT Ul'of tepixt 7 DATE, Tit FAX l'fj. /HAlE rt.rati~ PAGE(S) RESU..:T t«jj
' 11 CONFIDENTIAL H.4l-'97 MEMORANDUM TO THE EXECUTIVE COUNCIL ISSUE To develop procedures on regulation of private health clinics in the Province. RECOMMENDATION It is recommended that my Cabinet colleagues approve the following approach to regulate the development and funding of private health clinics in the Province: 1) Approval of the regulation under Section 44(c) of the Medical Care Insurance Act in substantially the form as attached as Annex II to this submission, a copy of whi.ch is on file with the Clerk of the Executive Council. 2) Delegation of authority to a Committee of Cabinet, comprised of the Ministers of Health, Justice Finance and the Minister responsible for the Women's Policy Office, to advise the Minister of Health on facilities to be approved in the future. 3) The development of an amendment to the Medical Care Insurance Act to strengthen the regulation of private health clinics for the approval of Cabinet by a separate submission to follow. 4) The Minister of Health writing the Honourable Allan Rock, Minister of Health Canada, with respect to Health Canada.'s interpretation of the Canada Health Act regarding its impact on the funding of private clinics.
12.... 2 BACKGROUND A recent Cabinet Submission (H.33-' 97) dealt with funding of abonions at the Morgentaler Clinic. The paper alluded to the potential for medical practitioners seuing up other private clinics if the facility fee at the Morgentaler Clinic was paid and the cost impact that this could have on funding of the health system. The funding of a facility fee at the Morgentaler Clinic could lead to requests from medical practitioners in a nwnber of fields (eg., ophthalmology, dermatology) to begin to establish private clinics if they felt that facility, as well as medical fees would be covered by Government. Consequently, during the review process for H.33-'97 it was uggested that careful consideration be given to strengthening regulatory proces es to control the development of such clinics where funding by Government would be required.
.. 14 ', OPTIONS/ALTERNATIVES and there appears to be no other reasonable alternative but to proceed as outlined. FINANCIAL If Government does not proceed, then a number of private clinics could set up and, under the current. situation, Government would have to pay the facility fee or risk financial penalties under the Canada Health Act. INTERDEPARTMENTAL CONSIDERATIONS 'This matter has been discussed with officials of Executive Council who concur with this approach. CONSULTATIONS
15 5 COMMUNICATIO. S PLAN The Newfoundland and Labrador Medical Association will be contacted and advised of this policy direction once it is approved. INTERGOVERNMENTAL CONSIDERATIO S I will be writing the Minister of Health Canada concerning the current interpretation of the Canada Health Act and how it seems to promote the funding of private clinics. m Draft regulation under Section 44(c) of the Medical Care Insurance Act.... 1"... """"''... AYLWARD, M.H.A. Minister of Health January 2, 1998
... 32, N~oundbDd~~tion ~~ Medical Care lnfllrance Exclusion Regulations under the Medical Care Insurance Act (O.C. 98- ) (Hied, 1998) Under the authority of section 44 of the Medical Care Insurance Act, the Lieutenant Governor in Coundl makes the following regulations. Dated at StJohn's. J8Dllaty, 1998. Clerk of the Executive Council REGULATIONS Analysis ~ ; 1. Sbmt Title 2. P..xclu:sicm Short tiuc 1. These regulations may be cited as the Medical Care l11sw'w1ce F.xclusion Jugu/ations. ~tllllinn 2. Medical8CIVices preformed at a facility which has not been approved by the minister shall not be eligible for coverage under the Medical r.are lnwrance Act.