A-29 - Health Insurance Act

Full text
19. For the purposes of this Act, the Minister may, with the approval of the Conseil du trésor, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S‐4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the fifth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the fifth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the sixth paragraph, the Conseil du trésor may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the agencies and the institutions.
The Minister must consult the Board or the agency, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission des normes, de l’équité, de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the fourteenth paragraph of section 3.
The provisions of the Labour Code (chapter C‐27) and of the Act respecting labour standards (chapter N‐1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177; 1999, c. 89, s. 24; 2000, c. 8, s. 241; 2002, c. 66, s. 17; 2005, c. 32, s. 308; 2015, c. 15, s. 237.
See section 105.
19. For the purposes of this Act, the Minister may, with the approval of the Conseil du trésor, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S‐4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the fifth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the fifth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the sixth paragraph, the Conseil du trésor may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the agencies and the institutions.
The Minister must consult the Board or the agency, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the fourteenth paragraph of section 3.
The provisions of the Labour Code (chapter C‐27) and of the Act respecting labour standards (chapter N‐1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177; 1999, c. 89, s. 24; 2000, c. 8, s. 241; 2002, c. 66, s. 17; 2005, c. 32, s. 308.
19. For the purposes of this Act, the Minister may, with the approval of the Conseil du trésor, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S‐4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the fifth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the fifth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the sixth paragraph, the Conseil du trésor may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the fourteenth paragraph of section 3.
The provisions of the Labour Code (chapter C‐27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177; 1999, c. 89, s. 24; 2000, c. 8, s. 241; 2002, c. 66, s. 17.
19. For the purposes of this Act, the Minister may, with the approval of the Conseil du trésor, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
In addition, it may provide for a different remuneration for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S‐4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement. The terms and conditions may provide, for the purposes of the first paragraph of section 360 of the Act respecting health services and social services, criteria permitting to determine whether a physician’s professional activity is carried on mainly in private facilities.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth and fifth paragraphs, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years. Any regulation which reduces the remuneration applicable to physicians during the first years of practising their profession or specialty under the plan applies only to physicians who begin practising their profession or specialty after the date of coming into force of the regulation.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the sixth paragraph, the Conseil du trésor may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the sixth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician having held a licence to practise for less than ten years to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the seventh paragraph, the Conseil du trésor may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the fourteenth paragraph of section 3.
The provisions of the Labour Code (chapter C‐27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177; 1999, c. 89, s. 24; 2000, c. 8, s. 241.
19. For the purposes of this Act, the Minister may, with the approval of the Government, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
In addition, it may provide for a different remuneration for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S‐4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement. The terms and conditions may provide, for the purposes of the first paragraph of section 360 of the Act respecting health services and social services, criteria permitting to determine whether a physician’s professional activity is carried on mainly in private facilities.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth and fifth paragraphs, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years. Any regulation which reduces the remuneration applicable to physicians during the first years of practising their profession or specialty under the plan applies only to physicians who begin practising their profession or specialty after the date of coming into force of the regulation.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the sixth paragraph, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the sixth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician having held a licence to practise for less than ten years to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the seventh paragraph, the Government may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the fourteenth paragraph of section 3.
The provisions of the Labour Code (chapter C‐27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177; 1999, c. 89, s. 24.
19. For the purposes of this Act, the Minister may, with the approval of the Government, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
In addition, it may provide for a different remuneration for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement. The terms and conditions may provide, for the purposes of the first paragraph of section 360 of the Act respecting health services and social services, criteria permitting to determine whether a physician’s professional activity is carried on mainly in private facilities.
An agreement may, to ensure compliance with the regional medical staffing plans referred to in section 377 of the Act respecting health services and social services, provide for different remuneration for certain classes of health care professionals according to the location of their practice or the territory in which they exercise their activities.
Failing an agreement to determine the different remuneration referred to in the fourth and fifth paragraphs, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years. Any regulation which reduces the remuneration applicable to physicians during the first years of practising their profession or specialty under the plan applies only to physicians who begin practising their profession or specialty after the date of coming into force of the regulation.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the sixth paragraph, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the sixth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician having held a licence to practise for less than ten years to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
Failing an agreement to determine the different remuneration referred to in the seventh paragraph, the Government may fix the remuneration in a regulation to stand in lieu of the agreement.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the tenth paragraph of section 3.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7; 1998, c. 39, s. 177.
19. For the purposes of this Act, the Minister may, with the approval of the Government, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
In addition, it may provide for a different remuneration for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement. The terms and conditions may provide, for the purposes of the first paragraph of section 360 of the Act respecting health services and social services, criteria permitting to determine whether a physician’s professional activity is carried on mainly in private facilities.
Failing an agreement to determine the different remuneration referred to in the fourth and fifth paragraphs, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years. Any regulation which reduces the remuneration applicable to physicians during the first years of practising their profession or specialty under the plan applies only to physicians who begin practising their profession or specialty after the date of coming into force of the regulation.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the sixth paragraph, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the sixth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician having held a licence to practise for less than ten years to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in a facility maintained by an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the tenth paragraph of section 3.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in a facility maintained by or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564; 1994, c. 23, s. 7.
19. For the purposes of this Act, the Minister may, with the approval of the Government, enter into an agreement with the representative organizations of any class of health professionals.
An agreement may, in particular, provide that the remuneration of insured services will vary according to rules which apply to an activity, a type of activity or all activities of a health professional, or to the activities of a class of professionals or of a specialty. Such an agreement may also provide different methods of remuneration which include fee-for-service remuneration, flat-rate fees and salary. It may also provide, as compensation or reimbursement, for the payment of various amounts such as premiums, expenses or allowances.
After consulting the representative organizations of the health professionals concerned, the Minister shall determine by regulation the territories or places of practice that he considers to be understaffed. Such regulations may apply to all professionals in a territory or a place of practice situated therein or to part of them, depending on the nature of their activities.
An agreement may provide for a different remuneration for the provision of medical services in a territory or place of practice defined by a regulation made under the third paragraph.
In addition, it may provide for a different remuneration for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on.
An agreement may provide for a different remuneration for physicians according to whether or not they are authorized to participate in the agreement pursuant to sections 360 and the following sections of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in the region. It may also provide for the terms and conditions of participation in such an agreement. The terms and conditions may provide, for the purposes of the first paragraph of section 360 of the Act respecting health services and social services, criteria permitting to determine whether a physician’s professional activity is carried on mainly in private facilities.
Failing an agreement to determine the different remuneration referred to in the fourth and fifth paragraphs, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement. It may likewise determine the number of years of a physician’s practice during which the different remuneration will apply, which shall not exceed three years. Any regulation which reduces the remuneration applicable to physicians during the first years of practising their profession or specialty under the plan applies only to physicians who begin practising their profession or specialty after the date of coming into force of the regulation.
Failing an agreement to determine the different remuneration and the terms and conditions of participation of a physician in an agreement referred to in the sixth paragraph, the Government may fix the remuneration by a regulation which shall be in lieu of an agreement, and determine the terms and conditions of participation referred to in the sixth paragraph. It may likewise determine the number of years during which the different remuneration will apply and the rules of equivalence enabling a physician having held a licence to practise for less than ten years to be released from participation in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined in the regulation.
The Minister may, on an experimental basis and for a determined period, enter into a special agreement with the professionals of a clinical department of an institution in order to apply a method of remuneration provided for in an agreement entered into under the first paragraph to those professionals. The agreement shall require beforehand the consent of the health professionals concerned, of the board of directors of the institution and of the organization representing the professionals concerned.
If the diminution of medical services in a territory endangers public health, the Minister may enter, for a fixed period of time, into a special agreement with a health professional in order to allow medical services to be adequately furnished in an institution of that territory.
Any such agreement shall bind, as the case may be, the Board, the regional boards and the institutions.
The Minister must consult the Board or the regional board, the institution or the group of institutions which may be bound by name by an agreement or part of an agreement. The latter may submit to the Minister their recommendations as to methods of participation in reaching the agreement or any part thereof.
The Commission de la santé et de la sécurité du travail shall participate in the formulation of any part of such an agreement which deals with the services referred to in the tenth paragraph of section 3.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional to whom an agreement made pursuant to this section applies who provides insured services in or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375; 1991, c. 42, s. 564.
19. With the approval of the Government, the Minister may make with the bodies representing any class of professionals in the field of health, any agreement for the purposes of the carrying out of this Act.
The Commission de la santé et de la sécurité du travail shall participate in the elaboration of the part of such an agreement dealing with the services contemplated in the tenth paragraph of section 3, enacted by section 488 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).
An agreement may prescribe a different remuneration for the furnishing of medical services in a territory where the Minister is of the opinion that the number of professionals in the field of health is insufficient.
It may also provide a different remuneration for physicians during the first years of practice of their profession or speciality within the scope of the plan, according to the territory where they practise or the nature of their activity.
The Minister shall determine, by order published in the Gazette officielle du Québec, after consultation with the bodies representing the health professionals concerned, the territories that in his opinion are insufficiently provided with professionals. Such order may contemplate all of the professionals in a territory or part of them, taking into account the nature of their activity.
Failing an agreement determining the different remuneration contemplated in the fourth paragraph, the Government may fix such remuneration by order published in the Gazette officielle du Québec; this order takes the place of an agreement. It may similarly determine the number of years of practice of a physician during which such remuneration applies, but that number must not exceed three years. Any order which reduces the conditions of remuneration applicable to physicians during the first years of practice of their profession or speciality applies only to the physician who begins to practise his profession or speciality after the date of the coming into force of the order.
The Minister may, as an experiment and for a fixed period, make a special agreement with the professionals of a clinical department in an institution in view of the application to all such professionals of a mode of remuneration provided for in an agreement made under the first paragraph. The agreement requires the prior consent of the health professionals concerned, the board of directors of the institution and the body representing the health professionals concerned.
If the reduction of medical services in a territory endangers public health, the Minister may, to allow medical services to be adequately furnished in an institution in the territory, make, for a fixed period, a special agreement with a health professional.
Such an agreement or part of an agreement, if it expressly so provides, may bind any institution. However, the Minister must consult the institutions or groups of institutions susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
An agreement contemplated by this section binds the Board.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional contemplated by an agreement made pursuant to this section who renders insured services in an institution or on behalf of an institution.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489; 1992, c. 21, s. 375.
19. With the approval of the Government, the Minister may make with the bodies representing any class of professionals in the field of health, any agreement for the purposes of the carrying out of this Act.
The Commission de la santé et de la sécurité du travail shall participate in the elaboration of the part of such an agreement dealing with the services contemplated in the tenth paragraph of section 3, enacted by section 488 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).
An agreement may prescribe a different remuneration for the furnishing of medical services in a territory where the Minister is of the opinion that the number of professionals in the field of health is insufficient.
It may also provide a different remuneration for physicians during the first years of practice of their profession or speciality within the scope of the plan, according to the territory where they practise or the nature of their activity.
The Minister shall determine, by order published in the Gazette officielle du Québec, after consultation with the bodies representing the health professionals concerned, the territories that in his opinion are insufficiently provided with professionals. Such order may contemplate all of the professionals in a territory or part of them, taking into account the nature of their activity.
Failing an agreement determining the different remuneration contemplated in the fourth paragraph, the Government may fix such remuneration by order published in the Gazette officielle du Québec; this order takes the place of an agreement. It may similarly determine the number of years of practice of a physician during which such remuneration applies, but that number must not exceed three years. Any order which reduces the conditions of remuneration applicable to physicians during the first years of practice of their profession or speciality applies only to the physician who begins to practise his profession or speciality after the date of the coming into force of the order.
The Minister may, as an experiment and for a fixed period, make a special agreement with the professionals of a clinical department in an establishment in view of the application to all such professionals of a mode of remuneration provided for in an agreement made under the first paragraph. The agreement requires the prior consent of the health professionals concerned, the board of directors of the establishment and the body representing the health professionals concerned.
If the reduction of medical services in a territory endangers public health, the Minister may, to allow medical services to be adequately furnished in an establishment in the territory, make, for a fixed period, a special agreement with a health professional.
Such an agreement or part of an agreement, if it expressly so provides, may bind any establishment. However, the Minister must consult the establishments or groups of establishments susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
An agreement contemplated by this section binds the Board.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional contemplated by an agreement made pursuant to this section who renders insured services in an establishment or on behalf of an establishment.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15; 1985, c. 6, s. 489.
19. With the approval of the Government, the Minister may make with the bodies representing any class of professionals in the field of health, any agreement for the purposes of the carrying out of this act.
An agreement may prescribe a different remuneration for the furnishing of medical services in a territory where the Minister is of the opinion that the number of professionals in the field of health is insufficient.
It may also provide a different remuneration for physicians during the first years of practice of their profession or speciality within the scope of the plan, according to the territory where they practise or the nature of their activity.
The Minister shall determine, by order published in the Gazette officielle du Québec, after consultation with the bodies representing the health professionals concerned, the territories that in his opinion are insufficiently provided with professionals. Such order may contemplate all of the professionals in a territory or part of them, taking into account the nature of their activity.
Failing an agreement determining the different remuneration contemplated in the third paragraph, the Government may fix such remuneration by order published in the Gazette officielle du Québec; this order takes the place of an agreement. It may similarly determine the number of years of practice of a physician during which such remuneration applies, but that number must not exceed three years. Any order which reduces the conditions of remuneration applicable to physicians during the first years of practice of their profession or speciality applies only to the physician who begins to practise his profession or speciality after the date of the coming into force of the order.
The Minister may, as an experiment and for a fixed period, make a special agreement with the professionals of a clinical department in an establishment in view of the application to all such professionals of a mode of remuneration provided for in an agreement made under the first paragraph. The agreement requires the prior consent of the health professionals concerned, the board of directors of the establishment and the body representing the health professionals concerned.
If the reduction of medical services in a territory endangers public health, the Minister may, to allow medical services to be adequately furnished in an establishment in the territory, make, for a fixed period, a special agreement with a health professional.
Such an agreement or part of an agreement, if it expressly so provides, may bind any establishment. However, the Minister must consult the establishments or groups of establishments susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
An agreement contemplated by this section binds the Board.
The provisions of the Labour Code (chapter C-27) and of the Act respecting labour standards (chapter N-1.1) do not apply to a health professional contemplated by an agreement made pursuant to this section who renders insured services in an establishment or on behalf of an establishment.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4; 1984, c. 47, s. 15.
19. With the approval of the Government, the Minister may make with the bodies representing any class of professionals in the field of health, any agreement for the purposes of the carrying out of this act.
An agreement may prescribe a different remuneration for the furnishing of medical services in a territory where the Minister is of the opinion that the number of professionals in the field of health is insufficient.
It may also provide a different remuneration for physicians during the first years of practice of their profession or speciality within the scope of the plan, according to the territory where they practise or the nature of their activity.
The Minister shall determine, by order published in the Gazette officielle du Québec, after consultation with the bodies representing the health professionals concerned, the territories that in his opinion are insufficiently provided with professionals. Such order may contemplate all of the professionals in a territory or part of them, taking into account the nature of their activity.
Failing an agreement determining the different remuneration contemplated in the third paragraph, the Government may fix such remuneration by order published in the Gazette officielle du Québec; this order takes the place of an agreement. It may similarly determine the number of years of practice of a physician during which such remuneration applies, but that number must not exceed three years. Any order which reduces the conditions of remuneration applicable to physicians during the first years of practice of their profession or speciality applies only to the physician who begins to practise his profession or speciality after the date of the coming into force of the order.
The Minister may, as an experiment and for a fixed period, make a special agreement with the professionals of a clinical department in an establishment in view of the application to all such professionals of a mode of remuneration provided for in an agreement made under the first paragraph. The agreement requires the prior consent of the health professionals concerned, the board of directors of the establishment and the body representing the health professionals concerned.
If the reduction of medical services in a territory endangers public health, the Minister may, to allow medical services to be adequately furnished in an establishment in the territory, make, for a fixed period, a special agreement with a health professional.
Such an agreement or part of an agreement, if it expressly so provides, may bind any establishment. However, the Minister must consult the establishments or groups of establishments susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
An agreement contemplated by this section binds the Board.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14; 1981, c. 22, s. 4.
19. With the approval of the Government, the Minister may make with the bodies representing any class of professionals in the field of health, any agreement for the purposes of the carrying out of this act.
Such agreement may, in order to ensure an adequate distribution of professionals in the field of health over the territory of Québec, establish a procedure for determining the number of professionals eligible to participate in the health insurance plan or the hospital insurance plan in the same territory or establishment, taking into account the class or speciality to which they belong.
Such an agreement or part of an agreement, if it expressly so provides, may bind any establishment. However, the Minister must consult the establishments or groups of establishments susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
An agreement contemplated by this section binds the Board.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8; 1979, c. 1, s. 14.
19. With the approval of the Gouvernement, the Minister of Social Affairs may make with the bodies representing any class of professionals any agreement for the purposes of the carrying out of this act.
Such agreement may, in order to ensure an adequate distribution of professionals in the field of health over the territory of Québec, establish a procedure for determining the number of professionals eligible to participate in the health insurance plan or the hospital insurance plan in the same territory or establishment, taking into account the class or speciality to which they belong.
Such an agreement or part of an agreement, if it expressly so provides, may bind any establishment. However, the Minister must consult the establishments or groups of establishments susceptible to being bound by an agreement or part of an agreement, and the latter may submit recommendations to the Minister regarding the terms and conditions of their participation in the making of such agreement or part of an agreement.
On failure to make an agreement with a body representing the dentists, the Minister may prepare and submit to the Gouvernement for approval a draft regulation to establish a tariff for insured services furnished by dentists. Once approved, such regulation replaces an agreement and comes into force from its publication in the Gazette officielle du Québec.
An agreement contemplated by this section binds the Board.
1970, c. 37, s. 15; 1970, c. 42, s. 17; 1973, c. 30, s. 6; 1973, c. 49, s. 45; 1974, c. 40, s. 8.