Patient Concerns Resolution Process Regulation

(Consolidated up to 202/2025) ALBERTA REGULATION 124/2006 Provincial Health Agencies Act PATIENT CONCERNS RESOLUTION PROCESS REGULATION Table of Contents 1 Definitions 2 Complaint to provincial health agency 4 Patient concerns resolution process 5 Patient concerns officer 5.1 Discontinuing on grounds of delay 5.2 Discontinuing where complaint made anonymously 5.3 Policies 5.4 Delegation 6 Publication 6.1 Annual reports 7 Expiry 8 Coming into force Definitions 1 In this Regulation, (a) “administrative head” means the administrative head of a health authority within the meaning of the Ombudsman Act ; (b) “complaint” means a complaint made under section 2; (c) “health authority” means a provincial health agency or regional health authority; (d) “patient” means an individual who has received, is receiving or who has requested health services from a health authority or a service provider; (e) “patient concerns officer” means an individual appointed by a health authority under section 5(1); (e.1) “patient concerns resolution process” means the process established under section 1.976 of the Act to resolve complaints by, on behalf of or in the interests of patients; (f) “service provider” means any person who delivers goods or services under the direction, control or authority of a health authority. AR 124/2006 s1;28/2016;125/2024;216/2024 Complaint to provincial health agency 2 (1) A patient or a person acting on behalf of a patient or in the interest of a patient may make a complaint to a health authority if the patient or person has concerns regarding (a) the delivery of goods and services to the patient, (b) a failure or refusal to deliver goods and services to the patient, or (c) the terms and conditions under which goods and services are delivered to the patient by the health authority or by a service provider under the direction, control or authority of that health authority. (2) A person may make a complaint to a health authority if, after the death of a patient, the person has concerns regarding (a) the delivery of goods and services to the patient, (b) a failure or refusal to deliver goods and services to the patient, or (c) the terms and conditions under which goods and services were delivered to the patient during the patient’s life by the health authority or by a service provider under the direction, control or authority of that health authority. (3) Any complaint under this section must be made in accordance with the patient concerns resolution process established by the health authority. (4) Nothing in this section prevents a health authority or service provider from addressing a concern raised by a patient or other person before the patient or person has made a complaint under the health authority’s patient concerns resolution process. AR 124/2006 s2;28/2016;125/2024 3 Repealed AR 216/2024 s7. Patient concerns resolution process 4 A patient concerns resolution process must (a) provide a fair process for managing complaints, (b) include a written process describing the means by which complaints are received, processed, considered and responded to, (c) provide that the health authority must attempt in good faith to resolve complaints within a reasonable time, (d) provide that complaints to the patient concerns officer may be made orally or in writing, (e) provide that a written record is to be made of complaints made orally to the patient concerns officer, (f) provide for the rejection of frivolous or vexatious complaints, and (g) provide for the redirection of complaints to other organizations or persons that have the authority to address them. Patient concerns officer 5 (1) A health authority must appoint one or more patient concerns officers who (a) report directly to the administrative head of the health authority or to a senior officer who reports directly to the administrative head, and (b) are responsible for receiving and dealing with complaints. (2) A patient concerns officer must (a) be reasonably available to respond to complaints and to assist patients, and persons acting on behalf of or in the interest of patients, who want to use the patient concerns resolution process, (b) facilitate the timely, expeditious and efficient management of complaints, (c) inform complainants about (i) other persons or organizations that may have authority to address the complaint, and (ii) the authority of the Ombudsman in relation to the patient concerns resolution process, (d) co‑operate with the patient concerns officers of any other health authority involved in the complaint, (e) give notice of a complaint to a service provider that is responsible for the goods or services that are the subject of the complaint, and (f) prepare a written statement regarding the outcome of each complaint made under the patient concerns resolution process. AR 124/2006 s5;216/2024 Discontinuing on grounds of delay 5.1 (1) Subject to subsection (2), a patient concerns officer may discontinue the patient concerns resolution process in respect of a complaint if the patient concerns officer is satisfied that (a) the complainant had knowledge of the subject matter of the complaint more than 2 years before making the complaint, and (b) the delay in making the complaint is likely to impede the ability of the patient concerns officer to conduct a fair review of the matter. (2) If the complaint relates to continued conduct, the patient concerns officer may discontinue the patient concerns resolution process only if, in addition to being satisfied of the matters referred to in subsection (1)(a) and (b), the patient concerns officer is satisfied that the last instance of the conduct occurred more than 2 years before the complaint was made. AR 28/2016 s4 Discontinuing where complaint made anonymously 5.2 Where a complaint is made anonymously, a patient concerns officer may discontinue the patient concerns resolution process in respect of the complaint if the patient concerns officer is not satisfied that there is sufficient information on which to conduct a fair review of the matter. AR 28/2016 s4 Policies 5.3 A health authority must establish policies that its patient concerns officers must follow in considering (a) for the purposes of section 5.1(1)(b), whether the delay is likely to impede the ability of the patient concerns officer to conduct a fair review of the matter, and (b) for the purposes of section 5.2, whether there is sufficient information on which to conduct a fair review of the matter. AR 28/2016 s4 Delegation 5.4 Subject to the policies of the health authority that appointed the patient concerns officer, a patient concerns officer may delegate any power, duty or function under this Regulation to an employee of the health authority. AR 28/2016 s4 Publication 6 A health authority must make available to patients and the public written information about the patient concerns resolution process established in accordance with this Regulation, the patient concerns officers to whom complaints can be made and how complaints may be made. Annual reports 6.1 The annual report of a provincial health agency or regional health authority under section 14(2) of the Act must include a report on activities under the patient concerns resolution process of the provincial health agency or regional health authority for the previous fiscal year. AR 124/2006 s6;28/2016;125/2024 Expiry 7 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2035. AR 202/2025 s6 Coming into force 8 This Regulation comes into force on the date on which sections 15 and 16 of the Ombudsman Amendment Act, 2003 come into force.