(d) “non‑distributing corporation” means a corporation that is not a distributing corporation.
(ii) that person is able to direct the affairs of the partnership.
(b) “spouse” means the husband or wife of a married person but does not include a spouse who is living separate and apart from the person if the person and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order.
(e) any procedure that is performed under general anaesthetic on a patient who is less than 18 months of age.
(2) Major surgical services for the purposes of section 2(2)(a) of the Act are those described in the by‑laws under the Medical Profession Act.
(iv) injury to a major vessel in the operative field.
(2) A surgical procedure that is described as a minor surgical procedure in the by‑laws under the Medical Profession Act is exempted from the definition of surgical service for the purposes of the Act.
4 In sections 5 to 8, except section 6(1)(a), “patient” includes any person who, by operation of law or by agreement, acts as an agent for the patient.
5 Where a physician or dentist decides to offer an enhanced medical good or service in connection with an insured surgical service that is to be provided, the physician or dentist shall ensure that the patient is consulted and fully informed about the nature of the enhanced medical good or service a reasonable period of time before the enhanced medical good or service is to be provided.
(n) the name and telephone number of the person to contact in the event that the right of rescission is exercised.
(2) The statement must be signed by the physician or dentist and the patient, and the patient must be provided with a copy of the signed statement at the time it is signed.
(3) The statement must be given to the patient at least 72 hours before the start of surgery.
7(1) The right of rescission given by section 5(5) of the Act may be exercised at any time before the start of surgery.
(b) where it is impractical for the patient to indicate the wish to rescind in writing under clause (a), the patient expresses the wish to rescind orally to a nurse, physician, dentist or member of the administrative staff at the public hospital or designated surgical facility.
8(1) Where a patient rescinds an agreement in accordance with section 7, the operator of the public hospital or designated surgical facility shall return all of the money paid under the agreement within 30 days after the date on which the agreement is rescinded.
(2) If the operator of the public hospital or designated surgical facility fails to return all of the money referred to in subsection (1), the Minister may recover that amount in a civil action in debt as though that amount were a debt owing from the person to the Crown in right of Alberta.
(3) Where the Minister recovers any amount under subsection (1), the Minister shall reimburse the person who paid the amount.
9(1) Subject to subsection (2), the operator of a designated surgical facility shall keep a statement referred to in section 6(1) for a period of at least 10 years from the date of discharge of the patient from the facility.
(b) that arises out of a stay at the designated surgical facility.
(4) The operator may store statements, records, documents and books of account required to be kept under this section in any format that will provide a copy of the statement, record, document or book of account in a legible written form within a reasonable time.
10 Repealed AR 140/2005 s3.
11(1) Subject to section 5(6)(b) of the Act and subsection (2) of this section, where a patient who receives an insured surgical service at a designated surgical facility is provided with a private or semi‑private room accommodation, no person may charge or collect an amount in respect of the accommodation unless the patient receiving the accommodation or the patient’s agent was informed of the rates and agreed in writing to pay them.
(2) Where a patient who receives an insured surgical service at a designated surgical facility is provided with a private or semi‑private room accommodation because the patient’s condition requires it, no person may charge or collect an amount in respect of the accommodation.
(c) reinstate a designation that has been withdrawn or a surgical service that has been deleted under section 18 of the Act where the Minister is satisfied that the circumstances that gave rise to the withdrawal or deletion have been remedied.
(2) An order under subsection (1)(a) with respect to a change to an agreement must be made within 30 days after the Minister has received all the information the Minister considers necessary to make the order.
(3) In making an order under subsection (1)(a) with respect to a change to a proposal, the Minister must take into consideration the factors set out in section 15(1) of the Act.
13(1) The Minister must give notice of an order made under section 18(4), (5) or (6) of the Act.
(2) A notice of intent under section 18 of the Act and notice of an order under section 18(4), (5) or (6) of the Act are sufficiently given if they are left with a person who appears to be at least 18 years old at the most recent business address shown for the operator in the Minister’s records.
(b) by facsimile sent to the facsimile number shown for the operator in the Minister’s records.
(b) the council of the College.
(b) “out‑patient” means a person who receives an insured surgical service at a designated surgical facility without being admitted as an in‑patient.
(b) with respect to each in‑patient, a report setting out the complete set of data identified in the Canadian Institute for Health Information Inpatient Abstracting Manual, published by the Canadian Institute of Health Information, as amended from time to time.
(3) A report referred to in subsection (2) must be submitted not later than 45 days after the end of the month to which it relates.
(4) The operator shall, within 30 days after submitting a report referred to in subsection (2), notify the regional health authority of any changes to the report that are necessary to correct the information contained in it.
16(1) The operator of a surgical facility that is designated under Part 2, Division 1 of the Act shall ensure that a report complying with subsection (2) is submitted to the health authority with which the operator has an agreement under the Act.
(ii) the revenues for the period for each type of enhanced medical good or service.
(3) Notwithstanding subsection (2), the health authority may at any time by notice in writing require the operator to provide to the health authority any of the information referred to in subsection (2) with respect to the period of time specified in the notice.
(4) The report must be made public in the form and manner determined by the Minister and the Minister may determine who must make the report public.
(5) The requirements of this section are in addition to the reporting requirements, if any, in the agreement between the health authority and the operator.
17(1) In this section, “significant mishap” means significant mishap within the meaning of the Standards for Non‑hospital Surgical Facilities established by the council of the College.
(2) The operator of a designated surgical facility shall ensure that full particulars of a significant mishap of which the operator has knowledge are reported to the health authority with which the operator has an agreement under the Act not later than 24 hours after the significant mishap is first discovered.
(3) The operator of a designated surgical facility shall ensure that the Minister is notified of the significant mishap not later than 24 hours after the significant mishap is first discovered.
(f) the date that the mishap occurred.
(e) evidence that the operator and health authority that are parties to the existing agreement support the transfer of the agreement.
(2) Where one of the partners referred to in subsection (1)(d) is itself a partnership or is a corporation, the application must contain the information referred to in subsection (1)(b), (c) or (d), as the case may be, in respect of that partnership or corporation.
(3) The Minister may require the applicants to provide any further information in respect of the assignment or transfer or in respect of the proposed operation of the designated surgical facility that the Minister considers is necessary.
19(1) Where a surgical facility that is designated under Part 2, Division 1 of the Act is owned by a corporation or a partnership, a change in control of the corporation or partnership is deemed to be a change in ownership of the facility for the purpose of section 10(2) of the Act and this Regulation.
(b) a description of the corporate or partnership structure both before and after the transactions or series of transactions that shows how ownership will change.
(3) The Minister may require the applicant to provide any further information in respect of the change in ownership that the Minister considers necessary.
(d) where the owner is a partnership, the names and addresses of all partners.
(2) Where one of the partners referred to in subsection (1)(d) is itself a partnership or is a corporation, the information referred to in subsection (1)(b), (c) or (d), as the case may be, in respect of that partnership or corporation must be provided.
(3) Where the address of a corporation or an associate that is a corporation is required to be provided under subsection (1)(b)(ii) or (c)(ii), the address of the registered office of the corporation must be provided.
(4) The Minister must publish the information provided under subsection (1) and (2) in the form and manner the Minister considers appropriate.
(5) Where the Minister has consented to a change in ownership of a surgical facility, the operator of the surgical facility must update the information provided under subsection (1) and (2) and the Minister must publish the information in the form and manner the Minister considers appropriate.
(6) The Minister is not required to publish under this section some or all of the information referred to in subsections (1) and (2) if, in the Minister’s opinion, publication of the information could reasonably be expected to threaten the safety of any person.
21(1) The Premier’s Advisory Council on Health is to consist of not fewer than 8 nor more than 14 members, to be appointed by the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council shall appoint one of the members as chair.
(3) The term of office of a member is not more than 2 years, and members are eligible for reappointment.
(5) The Lieutenant Governor in Council may provide for the remuneration and expenses to be paid to members.
23 Section 15(2)(a)(ii) is repealed on April 1, 2001.
24 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 October 31, 2022.
25 This Regulation comes into force on the coming into force of the Health Care Protection Act.
Schedule 2 Repealed AR 140/2005 s5.