Manitobans must have a right to timely access to quality health care

It is time that Manitobans have the right to access health care when they need it. I have had far too many people come to me with stories of unconscionable waits for health care. Waiting is not only bad medicine, it is very bad economics. Long waits for care mean conditions which are easily treatable get worse. It means tremendous duplication because tests and doctor's visits have to be repeated before operations are done and people have to take extra drugs - like medications for pain that would not have been necessary if treatment had been provided right away.

One particular example showed to me how bad waiting is. A woman in southern Manitoba had to wait seven months to see a specialist. The easily identifiable and treatable rash, was gone by the time she saw the specialist with the result that her condition worsened to the point that it has had a huge impact on her quality of life (she speaks of many lost years) and at one point she almost died. Because she had to wait - because the easy diagnosis and easy treatment were missed - she has required many years of health care which have cost our publicly funded health care system hundreds of thousands of dollars. The cost of waiting is huge - far more than most of us would ever imagine. It is time to change the system.

Manitoba Liberals are leading the way to change the system to put patients and patients' rights first. This bill is, in essence, a bill of rights for patients which considers the most critical right of all - the right to access good health care when you need it. It also includes a right to be informed about one's medical condition and the options for prevention and treatment. It provides a mechanism to ensure the right is provided.

On Tuesday December 4, Manitoba Liberals introduced for first reading a bill that will provide for this right for all Manitobans. The details of the bill are below. We welcome your comments. If you have comments or suggestions please send me an email at jon.gerrard@leg.gov.mb.ca


Bill 220
THE RIGHT TO TIMELY ACCESS TO QUALITY HEALTH CARE ACT
Table of Contents
Explanatory Note
(Assented to )
WHEREAS one of the most important attributes of a properly functioning health care system is timely access to quality care;
AND WHEREAS failure to get timely access to quality health care can contribute to the development of complications and the progression of illness, including death;
AND WHEREAS the absence of timely access to quality health care often leads to extra costs to the health care system, including costs for extra physician visits, extra medical tests or extra medications;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Definition
1 In this Act, "health care" means those health care services to which an insured person is entitled as a benefit under The Health Services Insurance Act and the regulations under that Act.
Right to timely access to quality health care
2 All residents of Manitoba have the right to timely access to quality health care.
Timely access
3 The determination of whether a person's access to health care is timely must be based on scientific evidence, including evidence that while the person waits for health care there is not a high likelihood of
(a) the disease or condition progressing;
(b) complications arising; or
(c) the person experiencing extreme pain or long-term chronic pain.
Quality health care
4 The determination of whether the health care a person receives is quality health care must be based on scientific evidence, including evidence
(a) that the net effect of providing the health care will improve the person's quality of life;
(b) that the health care will do more good than harm for the person; and
(c) that it is the best care that can be provided, based on international standards or a reasonable alternative.
Corrective measures
5 If a person believes that he or she is not receiving timely access to quality health care, the body or person that has the authority to remedy the situation has a responsibility to take corrective measures that are designed
(a) in relation to the person, to give effect to the person's right to receive timely access to quality health care, to the extent that it can be achieved; and
(b) generally, to prevent similar occurrences in the future.
Right to be informed
6(1) All residents of Manitoba have the right to be fully informed as to their own medical situation. This includes
(a) the right to be advised of the options for treatment and for promoting better health that are available to them;
(b) the right to participate actively in the decision as to which treatment to receive;
(c) the right to information on the qualifications and experience of the health care professionals from whom they receive health care;
(d) the right to receive considerate, compassionate and respectful health care; and
(e) the right to communicate with health professionals in confidence.
Right to have family members and others informed
6(2) Residents also have the right, if they wish, to have their family members, a designated friend and a patient advocate fully informed.
Remedy
7 A person whose right in section 2 has been infringed or denied may apply to a court of competent jurisdiction to obtain any remedy that the court considers appropriate and just in the circumstances.
C.C.S.M. reference
8 This Act may be referred to as chapter R155 of the Continuing Consolidation of the Statutes of Manitoba.
Coming into force
9 This Act comes into force six months after the day it receives royal assent.

Explanatory Note
This Bill establishes the right of all Manitobans to have timely access to quality health care and to be fully informed as to their medical situation.