Dual Practice Records Regulation

(no amdt) ALBERTA REGULATION 140/2026 Alberta Health Care Insurance Act DUAL PRACTICE RECORDS REGULATION Table of Contents 1 Interpretation 2 Other records, information or documents to be maintained 3 Additional requirements for flexibly participating physician 4 Additional requirements for non‑participating physician 5 Required reporting to Minister 6 Transitional — existing opted‑out physician 7 Expiry 8 Coming into force Interpretation 1 (1) In this Regulation, (a) “Alberta EHR” has the same meaning as in the Health Information Act ; (b) “fee” means the amount charged by a physician for providing a non‑Plan service to a patient and includes the amount charged for each of the following as it relates to a physician’s provision of a non‑Plan service to a patient: (i) a medical device or equipment that the patient requires for their use; (ii) the physician’s use of a facility or office space where the physician provides the non‑Plan service to the patient; (iii) the physician’s use of a medical device, equipment or good that is required to diagnose or treat the patient; (iv) the physician’s administration of a drug required to diagnose or treat the patient; (v) the physician’s use of administrative services in support of providing the non‑Plan service to the patient; (vi) the physician’s use of a health professional or other person in support of providing the non‑Plan service to the patient; (c) “financial record” means a record, information or document that is related to, (i) in the case of a non-Plan service, a physician’s charging of the fee for providing the service, including a record, information or document showing (A) the name of the patient who received the service, (B) the fee charged for the service, (C) the source of the payment of the fee, (D) a term or condition of the payment, or (E) the accounting of the fee or its payment, specifically the person who (I) charged the fee, (II) received the payment, or (III) paid the fee, or (ii) in the case of an insured health service, the benefit received by a physician for providing the service and includes a record, information or document showing the name of the patient who received the service; (d) “insured health service record”, in respect of the provision of an insured health service to a patient, means each of the following as it relates to the submission or payment of a claim for benefits in respect of providing the service to the patient: (i) a financial record; (ii) a patient record; (e) “medical staff bylaws” has the same meaning as in the Provincial Health Agencies Act ; (f) “non‑Plan service record”, in respect of the provision of a non‑Plan service to a patient, means each of the following as it relates to the provision of the service to the patient: (i) a financial record; (ii) a patient record; (g) “patient record” means a record, information or document, except a record of a patient’s written consent referred to in section 8.2(3)(a) of the Act or a financial record, that a physician is, in accordance with the College’s applicable standard, required to create and retain in respect of an insured health service or non‑Plan service provided to the patient, including an operative record or summary of the patient’s discharge; (h) “provincial health information system”, in respect of a patient record, means the following as applicable to the patient record: (i) the Alberta EHR; (ii) another similar health information system used in Alberta. (2) A reference to a record, information or document in this Regulation is to be read as a record, information or document, whether in an electronic or physical form. Other records, information or documents to be maintained 2 For the purpose of section 8.2(3)(b) of the Act, each of the following is another type of record, information or document: (a) a patient record; (b) a financial record. Additional requirements for flexibly participating physician 3 (1) For the purpose of section 8.3(1)(a) of the Act and in respect of a non‑Plan service record, a flexibly participating physician is required to do the following: (a) subject to clause (b)(i), create the record in an electronic form; (b) in the case of a patient record, (i) ensure that the electronic form of the record can be submitted to and received by the applicable provincial health information system, and (ii) submit the record to the applicable provincial health information system (A) except if paragraph (B) applies to the record, within 30 days of the flexibly participating physician providing the service to which the record relates, or (B) within the period specified in the applicable medical staff bylaws; (c) retain the record in its electronic and physical form (i) during the period when the physician is providing the related non‑Plan service to the patient, and (ii) for at least 6 years after the day on which the physician terminates the provision of the related non‑Plan service to the patient. (2) For the purpose of section 8.3(1)(b) of the Act, a flexibly participating physician must establish and maintain a records management system for all non‑Plan service records and insured health service records in the physician’s custody or control that clearly indicates the following in relation to each insured health service or non‑Plan service that the physician provides to a patient: (a) whether the service provided is a non-Plan service or insured health service; (b) whether the service is paid for by (i) the Plan, (ii) the patient, or (iii) an insurer as defined in section 26(1)(b) of the Act. Additional requirements for non‑participating physician 4 For the purpose of section 8.3(2) of the Act, section 3(1) applies to a non‑participating physician as if the non‑participating physician were a flexibly participating physician. Required reporting to Minister 5 For the purposes of section 8.4(1) of the Act, the Minister may, on a recurring basis if specified in writing to a physician, require the physician to provide a record, information or document referred to in that section in relation to any of the following: (a) a particular patient, or class of patients, to whom the physician provided insured health services or non‑Plan services; (b) an insured health service or non‑Plan services, in respect of a particular practice area or specialty of the physician; (c) a particular facility where the physician provides insured health services or non‑Plan services, including the name and business address of the facility; (d) a specified period during which the physician provided insured health services or non‑Plan services; (e) the physician’s provision of insured health services or non‑Plan services in a summarized form that sets out any of the following: (i) the services provided as insured health services, if any; (ii) the services provided as non‑Plan services, if any; (iii) the number of service hours in respect of the insured health services or non‑Plan services. Transitional — existing opted‑out physician 6 (1) In this section, (a) “amended Act” means the Alberta Health Care Insurance Act as it reads after the coming into force of this Regulation; (b) “former Act” means the Alberta Health Care Insurance Act as it read before the coming into force of this Regulation; (c) “transition period” means the period that (i) begins on the date on which this Regulation comes into force, and (ii) ends 6 months after the date referred to in subclause (i); (d) “transitioning physician” means a physician who, (i) before the coming into force of this Regulation, opted out of the Plan in accordance with section 8 of the former Act, and (ii) on the coming into force of this Regulation, is a non‑participating physician in accordance with the amended Act. (2) Section 4 does not apply to a transitioning physician during (a) the transition period, and (b) an extension to the transition period that the transitioning physician has been granted under subsection (5). (3) At least 30 days before the expiry of the transition period, a transitioning physician may make a request to the Minister for an extension to the transition period. (4) A request must (a) be in writing, and (b) set out (i) the reasons why the transitioning physician requests an extension, and (ii) the period that the transitioning physician requests the extension for. (5) The Minister may grant an extension to the transitioning physician for a period no longer than 6 months after the expiry of the transition period if the Minister is satisfied with the reasons set out in the request. 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 March 31, 2031. Coming into force 8 This Regulation comes into force on the coming into force of section 1(22)(a)(v) of the Health Statutes Amendment Act, 2025 (No. 2) .