Vol. 62, No. 15 – B.C. Reg. 180/2019

Volume 62, No. 15
180/2019

The British Columbia Gazette, Part II
July 30, 2019

B.C. Reg. 180/2019, deposited July 19, 2019, under the PHARMACEUTICAL SERVICES ACT [section 59], the FINANCIAL ADMINISTRATION ACT [section 19], the EMERGENCY HEALTH SERVICES ACT [section 15], the EMPLOYMENT AND ASSISTANCE ACT [section 35 (2)], the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26 (2)] and the MEDICARE PROTECTION ACT [section 51]. Order in Council 448/2019, approved and ordered July 19, 2019.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2020,

(a) the Drug Plans Regulation, B.C. Reg. 73/2015, is amended as set out in the attached Appendix 1,

(b) the Emergency Health Services Act Remission Regulation, B.C. Reg. 166/97, is amended as set out in the attached Appendix 2,

(d) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Appendix 4,

(e) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 5, and

(f) the Medical and Health Care Services Regulation, B.C. Reg. 426/97, is amended as set out in the attached Appendix 6.

— A. DIX, Minister of Health; C. TREVENA, Presiding Member of the Executive Council.

Appendix 1

1 Section 42 (3) (b) of the Drug Plans Regulation, B.C. Reg. 73/2015, is repealed and the following substituted:

(b) the person is eligible to receive supplemental services under section 11 of the Medical and Health Care Services Regulation, and .

Appendix 2

1 Section 1 (b) of the Emergency Health Services Act Remission Regulation, B.C. Reg. 166/97, is amended by adding "or supplemental services" after "premium assistance".

Appendix 3

1 Schedule 1 of the Emergency Health Services Regulation, B.C. Reg. 471/74, is amended by repealing paragraph (a) of item 9 in Column 1 and substituting the following:

(a) supplemental services under the Medicare Protection Act, .

Appendix 4

1 Section 66.3 of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended

(a) by repealing subsection (7) (b) and substituting the following:

(b) in the case that neither the main continued person nor another person in the main continued person's family unit is aged 65 or older, the adjusted net income of the main continued person does not exceed the amount set out in section 11 (3) of the Medical and Health Care Services Regulation. , and

(b) by adding the following subsection:

(7.1) For the purposes of subsection (7) (b),

(a) "adjusted net income" has the same meaning as in section 7.6 of the Medical and Health Care Services Regulation, and

(b) a reference in section 7.6 of the Medical and Health Care Services Regulation to an "eligible person" is to be read as a reference to the main continued person.

2 Sections 72 and 72.1 are amended by striking out "a dependent child in the family unit" and substituting "a person in the family unit who is under 19 years of age and".

3 Section 76 is amended

(a) by renumbering section 76 as section 76 (1),

(b) by repealing subsection (1) (c) and substituting the following:

(c) the adjusted net income of any person in the family unit, other than a dependent child, does not exceed the amount set out in section 11 (3) of the Medical and Health Care Services Regulation, and , and

(2) For the purposes of subsection (1) (c),

(a) "adjusted net income" has the same meaning as in section 7.6 of the Medical and Health Care Services Regulation, and

(b) a reference in section 7.6 of the Medical and Health Care Services Regulation to an "eligible person" is to be read as a reference to a person in the family unit, other than a dependent child.

4 Section 77.03 is repealed and the following substituted:

Alternative hearing assistance supplement – healthy kids program

77.03 The minister may provide a health supplement set out in section 11 of Schedule C if all of the following conditions apply:

(a) the supplement is provided to or for a family unit that includes a person who

(i) is eligible for supplemental services under section 10 (1) (c), (e) or (f) of the Medical and Health Care Services Regulation, or

(ii) has been determined to be eligible for supplemental services under section 11 of that regulation;

(b) the supplement is provided to or for a person in the family unit who is under 19 years of age and who is not eligible to receive the supplement under

(i) another provision of this Division, or

(ii) Division 4 [Health Supplements] of Part 5 of the Employment and Assistance for Persons with Disabilities Regulation.

5 Section 1 of Schedule C is amended by repealing the definition of "premium assistance" .

6 Sections 7 (2) and 7.1 of Schedule C are amended by striking out "a dependent child of a person who, when the service was provided, was receiving premium assistance" and substituting "a person in the family unit who is under 19 years of age and who, when the service was provided, was eligible for supplemental services under section 10 (1) (c), (e) or (f) of the Medical and Health Care Services Regulation, or had been determined to be eligible for those services under section 11 of that regulation".

Appendix 5

1 Section 61.1 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended

(a) by repealing subsection (7) (a) (ii) and substituting the following:

(ii) in the case that neither the main continued person nor another person in the main continued person's family unit is aged 65 or older, the adjusted net income of the main continued person does not exceed the amount set out in section 11 (3) of the Medical and Health Care Services Regulation, and , and

(b) by adding the following subsection:

(7.1) For the purposes of subsection (7) (a) (ii),

(a) "adjusted net income" has the same meaning as in section 7.6 of the Medical and Health Care Services Regulation, and

(b) a reference in section 7.6 of the Medical and Health Care Services Regulation to an "eligible person" is to be read as a reference to the main continued person.

2 Section 69 is amended

(a) by renumbering section 69 as section 69 (1),

(b) by repealing subsection (1) (c) and substituting the following:

(2) For the purposes of subsection (1) (c),

(a) "adjusted net income" has the same meaning as in section 7.6 of the Medical and Health Care Services Regulation, and

(b) a reference in section 7.6 of the Medical and Health Care Services Regulation to an "eligible person" is to be read as a reference to a person in the family unit, other than a dependent child.

Appendix 6

1 The heading to Part 3 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, is repealed and the following substituted:

Part 3 – Eligibility for Supplemental Services .

2 Section 7.6 is amended

(a) in paragraph (b) of the definition of "adjusted net income" by adding the following subparagraph:

(vii) $3 000 for each post-secondary student who is supported by the eligible person; ,

(b) by repealing the definition of "dependent post-secondary student",

(c) in paragraph (a) of the definition of "eligible person" by striking out "grant of premium assistance first takes effect under section 11, 13 or 14, as applicable" and substituting "determination of eligibility for supplemental services first takes effect under section 11",

(d) in paragraph (b) of the definition of "eligible person" by striking out "dependent",

(e) by repealing paragraph (b.1) of the definition of "family member" and substituting the following:

(b.1) a post-secondary student who is supported by the eligible person; ,

(f) by adding the following definition:

"post-secondary student" means a resident who

(a) is older than 18 and younger than 25 years of age,

(b) is in attendance at a post-secondary institution approved by the commission on a basis recognized by the commission as full time,

(d) is supported by an eligible person who is the resident's parent, or who stands in the place of the resident's parent; ,

(g) in paragraph (b) of the definition of "qualifying spouse" by striking out ", a dependent post-secondary student", and

(h) by adding the following definition:

"supplemental services" means the services referred to under section 25.1.

3 Sections 8 to 9 are repealed.

4 Section 10 is amended

(a) in subsection (1) by striking out "No premiums are payable by a beneficiary who" and substituting "A beneficiary is eligible for supplemental services if the beneficiary",

(b) in subsection (1) by adding the following paragraph:

(c.1) is a child of a person referred to in paragraph (a), (b) or (c), ,

(d) by repealing subsection (2) and substituting the following:

(2) A beneficiary is eligible for supplemental services if

(a) the beneficiary

(i) is admitted to Canada as a convention refugee,

(ii) holds permanent resident status as defined in the Immigration and Refugee Protection Act (Canada),

(iii) is not employed in Canada, and

(iv) has resided in Canada for fewer than 12 months, or

(b) the beneficiary is a child of a person described in paragraph (a).

5 Section 10.1 is repealed.

6 Section 11 is amended

(a) in subsection (1) by striking out "premium assistance" and substituting "supplemental services", and

(b) by repealing subsections (3) and (4) and substituting the following:

(3) If the adjusted net income of an eligible person does not exceed $42 000, the eligible person and, if applicable, the following persons, are eligible for supplemental services:

(a) if the eligible person has a qualifying spouse, the spouse;

(b) a child of the eligible person;

7 Section 12 is amended by striking out "Premium assistance" and substituting "Eligibility for supplemental services".

8 Section 12.1 is amended

(a) in subsection (2) by striking out "premium assistance" and substituting "eligibility for supplemental services", and

(b) by repealing subsection (3) (a).

9 Sections 13 to 15.1 are repealed.

10 Section 25.1 (1) (b) is repealed and the following substituted:

(b) rendered in British Columbia to a beneficiary who

(i) is eligible for supplemental services under section 10, or

(ii) has been determined under section 11 to be eligible for supplemental services, .

11 Schedule A is amended

(a) by striking out "section 8.2 of the Medicare Protection Act" and substituting "section 10 (1) (b) (iii) and (2) of the Medicare Protection Amendment Act, 2019",

(b) in paragraph (a) by striking out "payable under the Medicare Protection Act" and substituting "payable under that Act", and

(c) by striking out "certificate under the Medicare Protection Act" and substituting "certificate under the Medicare Protection Amendment Act, 2019".