Health Authorities (Ministerial) Regulation

Health Authorities (Ministerial) Regulation, M.R. 169/98 The Health System Governance and Accountability Act , C.C.S.M. c. H26.5 Regulation 169/98 Registered September 28, 1998 bilingual version (HTML) Table of Contents Section 1 Annual meeting 2 Public notice of meeting 3 Order of business 4 Minutes 5-7 Repealed 8 Definitions 9 No disclosure if individual has given notice 10 Minister may collect and disclose information to resolve complaint 11 Minister may forward complaint 12-12.1 Repealed 13 Designated senior officers 14 Definition of "senior officer" 15 Senior officer of each health corporation is designated 16 Expenses paid to CEO and senior officers to be published on authority's website 17 Repealed Schedule  Repealed ANNUAL MEETINGS FOR HEALTH AUTHORITIES Annual meeting 1(1) In the first 18 months after a health authority is established or continued under The Health System Governance and Accountability Act , the board of the authority shall hold an annual meeting. 1(2) In each fiscal year beginning after the first 18-month period, a board shall hold an annual meeting. 1(3) A regional health authority must hold its annual meeting in the health region and the meeting must be open to residents of the health region. 1(4) The provincial health authority must hold its annual meeting in Manitoba and the meeting must be open to the public. 1(5) The cancer authority must hold its annual meeting in Manitoba and the meeting must be open to the public. M.R. 38/2022 Public notice of meeting 2 At least 21 days before the day of an annual meeting, the board must notify the public about the meeting by such means as the board considers reasonable and appropriate to ensure that notice of the meeting is widely communicated including, without limitation, by (a) posting a notice of the meeting in various locations; (b) posting a notice of the meeting on the health authority's website; and (c) issuing a media release about the meeting. M.R. 7/2017 ; 38/2022 Order of business 3 The order of business at an annual meeting shall include presentation of the annual report of the health authority and a summary of its strategic and operational plan. M.R. 38/2022 Minutes 4 Within 30 days after an annual meeting, the health authority shall prepare minutes of the meeting and make them available on request. M.R. 38/2022 5 [Repealed] M.R. 199/2014 6 [Repealed] M.R. 38/2022 7 [Repealed] M.R. 199/2014 ; 38/2022 SHARING OF INFORMATION TO RESOLVE COMPLAINTS Definitions 8 In sections 9 to 11, "personal health information" means personal health information as defined in The Personal Health Information Act ; (« renseignements médicaux personnels ») "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act ; (« renseignements personnels ») "trustee" means a trustee as defined in The Personal Health Information Act . (« dépositaire ») M.R. 48/2002 No disclosure if individual has given notice 9(1) A trustee or the minister must not disclose personal health information or personal information under section 10 or 11 if the individual the information is about, or another person authorized to act on that individual's behalf, has notified the trustee or the minister that the information is not to be disclosed. Limits on the sharing of specified types of information 9(2) A trustee or the minister must limit the personal health information and personal information collected and disclosed under section 10 or 11 to the minimum amount of information necessary to investigate and attempt to resolve the complaint or to make a report under subsection 11(5). M.R. 48/2002 Minister may collect and disclose information to resolve complaint 10(1) Where the minister receives or is investigating a complaint respecting health services, the minister may request and collect personal health information, personal information or other information from a trustee, and may disclose such information to a trustee, without the consent of the individual the information is about, for the purposes of investigating and attempting to resolve the complaint. Trustee may collect and disclose information to resolve complaint 10(2) Where a trustee receives or is investigating a complaint respecting health services, the trustee may request and collect personal health information, personal information or other information from another trustee or the minister, and may disclose such information to another trustee or the minister, without the consent of the individual the information is about, for the purposes of investigating and attempting to resolve the complaint. Minister or trustee may disclose information on request to resolve complaints 10(3) Where the minister or a trustee requests information from another person under subsection (1) or (2), that other person may disclose personal health information, personal information or other information to the minister or trustee, as the case may be, without the consent of the individual the information is about, for the purposes of investigating and attempting to resolve the complaint. M.R. 48/2002 Minister may forward complaint 11(1) Where the minister receives a complaint respecting health services, the minister may forward it to a trustee to (a) investigate on behalf of the minister; or (b) investigate and attempt to resolve; without the consent of any individual, even if the complaint discloses personal health information or personal information about an individual. Trustee may forward complaint 11(2) Where a trustee receives a complaint respecting health services, the trustee may forward it to another trustee or to the minister to (a) investigate on behalf of the trustee who forwarded the complaint; or (b) investigate and attempt to resolve; without the consent of any individual, even if the complaint discloses personal health information or personal information about an individual. Minister or trustee may forward entire complaint 11(3) Notwithstanding subsection 9(2), in forwarding a complaint under this section the minister or a trustee may forward the entire complaint. Person handling complaint may receive, collect and disclose information 11(4) The person to whom a complaint is forwarded under this section may (a) receive personal health information, personal information or other information contained in the complaint; (b) collect additional personal health information, personal information or other information from a trustee or the minister, as the case may be; or (c) disclose personal health information, personal information or other information to a trustee or the minister, as the case may be; without the consent of the individual the information is about, for the purposes of investigating and attempting to resolve the complaint. Information may be disclosed in reporting back 11(5) For greater certainty, in reporting the results of an investigation or an attempt to resolve a complaint to the minister or to a trustee who forwarded a complaint under this section, the person making the report may disclose personal health information or personal information about an individual, without the consent of that individual. M.R. 48/2002 12 [Repealed] M.R. 138/2011 ; 38/2022 12.1 [Repealed] M.R. 99/2014 ; 38/2022 DESIGNATED SENIOR OFFICERS (DIVISION 5.1 OF PART 4 OF THE ACT) Definition 13(1) In this section, "senior officer" , in relation to a health corporation or a designated health care organization, means the most senior officer of the corporation or organization who is compensated for performing his or her duties. For greater certainty, a person may be the senior officer of a health corporation or a designated health care organization even if his or her job title is chief executive officer, executive director, chief operating officer or some other title that does not consist of, or include the words, "senior officer". Designated senior officers — Division 5.1 of Part 4 of the Act 13(2) For the purpose of Division 5.1 of Part 4 of The Health System Governance and Accountability Act , the following persons are hereby designated as designated senior officers: (a) each vice-president of a health authority; (b) the senior officer of each health corporation or designated health care organization, that provides health services. M.R. 101/2012 ; 223/2014 ; 38/2022 WEBSITE PUBLICATION OF EXPENSES OF CEO AND OTHER OFFICERS Definition 14 In sections 15 and 16, "senior officer" , in relation to a health corporation, means the most senior officer of the corporation who is compensated for performing his or her duties. For greater certainty, a person may be the senior officer of a health corporation even if his or her job title is chief executive officer, executive director, chief operating officer or some other title that does not consist of, or include the words, "senior officer". M.R. 100/2014 Senior officer of each health corporation is designated 15 For the purpose of section 38.1 of The Health System Governance and Accountability Act , the senior officer of each health corporation that provides health services is hereby designated as a designated senior officer. M.R. 100/2014 ; 38/2022 Expenses paid to CEO and senior officers to be published on authority's website 16 For the purpose of section 38.1 of The Health System Governance and Accountability Act, a health authority must — in respect of its chief executive officer and the designated senior officer of each health corporation that receives operational funding from the health authority — publish the following information on its website for each fiscal year: (a) the person's name; (b) the name of the health authority or health corporation that employed the person as chief executive officer or as a designated senior officer during the fiscal year to which the information relates; (c) the person's job title during the fiscal year; (d) the total expenses paid in the fiscal year to or on behalf of the person, listed separately for each category of expenses set out as follows in subclauses (i) to (vii): transportation and travel (i) vehicle expenses, (ii) air fare expenses, (iii) other transportation and travel expenses, accommodation, food and beverages (iv) accommodation expenses, (v) food and beverage expenses, promotion and hospitality (vi) promotion and hospitality expenses, cell phones and other personal electronic communication devices (vii) expenses related to cell phones and other personal electronic communication devices; (e) the total expenses paid in the fiscal year to or on behalf of the person in relation to out-of-province travel — whether or not some or all of these expenses are also published under clause (d) — listed separately for each out-of-province trip, along with information about each trip, as follows: (i) date of leaving Manitoba and date of return, (ii) the destination or destinations (as the case may be), (iii) the purpose of the trip, (iv) air fare expenses, (v) other transportation expenses, (vi) expenses for accommodation, food and beverages, and telephone calls, (vii) other expenses, (viii) the total expenses paid for the trip (adding subclauses (iv) to (vii)). M.R. 100/2014 ; 38/2022 17 [Repealed] M.R. 156/2014 ; 38/2022 SCHEDULE [Repealed] M.R. 138/2011 ; 199/2014 ; 38/2022