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M.S.I. Regulations

made under Section 17 of the

Health Services and Insurance Act

R.S.N.S. 1989, c. 197

O.I.C. 69-276 (effective March 28, 1969), N.S. Reg. 41/1969

amended to N.S. Reg. 95/2024 (effective June 1, 2024)


Effective June 1, 2024, these regulations are amended by N.S. Reg. 102/2024.

 

1       In these regulations

 

                  (a)    “Act” means the Health Services and Insurance Act;

 

                  (b)    “dentist” means a person lawfully entitled to practice dentistry in the place in which such practice is carried on by him;

 

                  (c)    “general practitioner” means a physician who engages in the general practice of medicine or a physician who is not a specialist within the meaning of clause (f);

 

                  (d)    “hospital” means a building or place that is established and operated for the lodging and treatment of persons afflicted with or suffering from sickness, disease or injury; and includes a mental hospital, a tuberculosis hospital and a maternity hospital;

 

                  (e)    “insured services” means all services rendered by physicians which are medically required or which are deemed by the Commission to be medically required but does not include

 

                           (i)      services that a person is eligible for or entitled to under the Workers’ Compensation Act, the Health Services and Insurance Act or any Act of the Parliament of Canada; or under any statute or law of any jurisdiction either within or without Canada,

 

                           (ii)     mileage, travelling or detention time, except in circumstances specified by the Commission,

 

                           (iii)    telephone advice or prescriptions unless approved by the Commission,

 

                           (iv)    examinations required for the purpose of obtaining employment or insurance and similar examinations at the request of a third party,

 

                           (v)     group immunizations or inoculations unless approved by the Commission,

 

                           (vi)    preparation of records, reports, certificates or communications,

 

                           (vii)   testimony in a court,

 

                           (viii)  laboratory or diagnostic radiological services rendered in Nova Scotia,

 

                           (ix)    services in connection with an electrocardiogram, electromyogram or electroencephalogram, unless the physician is a specialist in the appropriate specialty;

 

                  (ea)  “optometrist” means a person lawfully entitled to practice optometry in the place in which such practice is carried on by him;

 

                  (f)     “specialist” means a physician who is recognized as a specialist by the appropriate licensing body of the jurisdiction in which he practices.

 

2       (1)    Subject to the Health Services and Insurance Act and these regulations

 

                  (a)    a resident is insured for the payment of the cost of insured services commencing on the first day of the third month immediately following the month in which he becomes a resident of Nova Scotia;

 

                  (b)    a new Canadian is insured for the payment of the cost of insured services that are medically required by him, commencing on the day he becomes a resident of Nova Scotia.

 

         (2)    In clause (b) of subsection (1) “new Canadian” means a resident who moves to Nova Scotia from a place outside Canada and is legally entitled to remain in Canada.

 

3       (1)    Where a person desires to complain about any act, omission, or other matter relating to the administration of the plan he shall, in the first instance, appeal in writing to the President of the Corporation.

 

         (2)    Where the Corporation does not settle the complaint to the satisfaction of the complainant, he may appeal in writing to the Chairman of the Commission.

 

         (3)    If, in the opinion of the Commission, a person's services are or were not medically required, the person shall not be insured for the payment of the cost of the services.

 

         (4)    When, in the opinion of the Commission, a doubt exists concerning the medical necessity for the services in any case, the Commission may appoint and empower a medical review board to report on the case.

 

4       A resident of Nova Scotia who moves from Nova Scotia to acquire residence in another part of Canada, herein called the “new province”, shall be deemed to continue to be a resident of Nova Scotia during normal travelling time and any waiting period, not exceeding three months, which may be necessary in order to qualify for benefits under the medical care insurance legislation of the new province if the new province is a participating province, as defined in subsection (i) of Section 2 of the Medical Care Act (Canada) or shall be deemed to continue to be a resident of Nova Scotia for a period of three months from the date of his departure from Nova Scotia if the new province is not a participating province.

 

5       Where during the course of a single illness a person receives medical services with respect to that illness from more than one physician he shall not, except for the services of the first attending physician, be entitled to receive those services as insured services unless

 

                  (a)    he was referred by one physician to another; or

 

                  (b)    the first attending physician was not available to render the subsequent service; or

 

                  (c)    the Commission approves of the receipt of the services.

 

6       Where a claim in respect of insured services is not received by the Corporation within a period of six months from the date when the service was rendered, it shall not be payable under the plan unless the Commission is of the opinion that the delay was justified in the circumstances.

 

7       Where an insured service is rendered by a specialist to a resident who was not referred to the specialist by another physician, the amount payable for the service shall be equal to the amount that would have been paid, had the service been rendered by a general practitioner.

 

8       Where a physician

 

                  (a)    serves in a hospital for purposes of receiving clinical training and receives a salary from the hospital; and

 

                  (b)    renders an insured service in the hospital,

 

he shall not be entitled to remuneration for the service from the recipient or under the plan.

 

9       A claim in respect of insured services shall not be payable under the plan unless it contains the following information and is made on a form prescribed by the Commission for that purpose:

 

                  (a)    the patient's name in full and address, the year of his birth, his sex and plan registration number;

 

                  (b)    the diagnosis or chief complaint;

 

                  (c)    where the service is provided in Nova Scotia, the fee code number and amount corresponding to the procedure or treatment performed;

 

                  (d)    where the service is provided outside Nova Scotia, a description of the service or treatment performed;

 

                  (e)    the date of each service; and for hospital visits, the name of the hospital;

 

                  (f)     amounts, if any, charged pursuant to Section 21 of the Act [S.N.S. 1973, c. 8], and the written consent to the charge by the patient or some other person acting on his behalf;

 

                  (g)    additional remarks if the nature of the service was unusual;

 

                  (h)    the name and signature or approved facsimile of the person providing the service and the identification number issued to him by the Corporation;

 

                  (i)     the name of the referring physician or referred physician as the case may be;

 

                  (j)     the names of other physicians attending the patient and their relationship to the services rendered;

 

                  (k)    whether the services were performed due to an automobile accident or other third party liability; and

 

                  (l)     such other information as the Commission may require.

 

10     [repealed]

 

11     (1)    For the purposes of the plan, an optometrist shall be deemed to be a physician when he performs a vision analysis which shall include the determination of the refractive status of the eye, the presence of any observed abnormality in the visual system and all necessary tests and prescriptions connected with such determinations.

 

12     For the purposes of the plan, the following prosthetic services shall be insured services subject to such conditions as the Commission may from time to time prescribe with the approval of the Minister of Health:

 

                  (a)    assistance in the acquisition, replacement and repair of arm and leg prostheses;

 

                  (b)    artificial eyes;

 

                  (c)    intro-oral or extra-oral prostheses including ears for persons who have undergone maxillofacial surgery; and

 

                  (d)    mastectomy prostheses.

 

 


 

Legislative History
Reference Tables

M.S.I. Regulations

N.S. Reg. 41/1969

Health Services and Insurance Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the M.S.I. Regulations made under the Health Services and Insurance Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

41/1969

Mar 28, 1969

date made

unpublished1

42/1969

Apr 8, 1969

date made

unpublished1

43/1969

May 6, 1969

date made

unpublished1

7/19723

Jul 1, 1972

date specified

unpublished1

18/19724

Mar 1, 1972

date specified

unpublished1

43/1973

Dec 1, 1973

date specified

unpublished1

105/1973

Dec 1, 1973

date specified

unpublished1

60/1974

Jul 1, 1974

date specified

unpublished1

21/1976

Apr 1, 1976

date specified

unpublished1

24/1976

Apr 1, 1976

date made

unpublished1

65/1977

Jul 12, 1977

date made

unpublished1

30/1979

Feb 20, 1979 & Jan 1, 1978

date made (clause (y)) & date specified (clause (z))

Mar 8, 1979

231/1982

Nov 1, 1982

date specified

Dec 2, 1982

171/1983

Aug 9, 1983

date made

Aug 25, 1983

156/1984

Aug 1, 1984

date specified

Aug 23, 1984

32/1989

Mar 16, 1989

date made

Apr 6, 1989

149/1989

Jul 21, 1989

date made

Aug 10, 1989

166/1990

Jul 1, 1990

date specified

Jul 13, 1990

116/1991

Jun 1, 1991

date specified

Jun 14, 1991

87/2001

Jul 5, 2001

date specified

Jul 27, 2001

95/2024

Jun 1, 2024

date specified

May 31, 2024

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

1(e)...................................................

am. 60/1974

1(e)(x)..........................................

rs. 60/1974, 87/2001; rep. 95/2024

1(e)(xi)........................................

ad. 32/1989; rep. 149/19899

1(ea)..................................................

ad. 105/19736; rs. 43/19736

1(f)....................................................

rs. 60/1974

2........................................................

rs. 7/1972

6........................................................

am. 18/1972

9(f)....................................................

rs. 43/1969

10......................................................

ad. 42/1969; rs. 87/2001; rep. 95/2024

10A...................................................

ad. 60/1974; am. 21/19768, 24/19768; ra. as 10A(1) 65/1977

10A...................................................

rep. 87/2001

10A(1).........................................

ra. from 10A 65/1977; rs. 231/1982, 166/1990, 116/1991

10A(2).........................................

ad. 65/1977

10B...................................................

ad. 156/1984; rep. 87/2001

11......................................................

ad. 105/19737

11(2)............................................

rep. 43/19737

12......................................................

ad. 156/1984

12(1)-(3)......................................

ra. as 12(a)-(c) 87/2001

12(a)-(b)......................................

ra. from 12(1)-(2) 87/2001

12(c)............................................

ra. from 12(3) 87/2001; am. 87/2001

12(d)............................................

ad. 87/2001

Schedule “A”....................................

am. 30/1979, 171/1983; rep. 87/2001

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

Regulations in effect on April 1, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act.

 

2

Cross-references to provisions of the former Act have not been updated by the Office of the Registrar of Regulations

 

3

N.S. Reg. 7/1972 filed out of chronological order.

 

4

N.S. Reg. 18/1972 filed out of chronological order.

 

5

The Medical Care Insurance Act, S.N.S. 1968, c. 9 is repealed and replaced with the Health Services and Insurance Act, S.N.S. 1973, c. 8 (regulations continued under new Act).

Sep 1, 1973

6

Repeal and substitution of s. 1(ea) by N.S. Reg. 43/1973 has been applied to s. 1(ea) as added by N.S. Reg. 105/1973, which was filed out of chronological order, for the purposes of the consolidation.

 

7

Repeal of s. 11(2) made by N.S. Reg. 43/1973 has been applied to s. 11 as added by N.S. Reg. 105/1973, which was filed out of chronological order, for the purposes of the consolidation.

 

8

N.S. Reg. 21/1976, made by O.I.C. 76-326, is revoked by N.S. Reg. 24/1976.

 

9

N.S. Reg. 32/1989, made by O.I.C. 89-288, is revoked by N.S. Reg. 149/1989.

 

10

The reference in s. 12 to the Minister of Health should be read as a reference to the Minister of Health and Fitness in accordance with amendments to the Public Service Act, R.S.N.S. 1967, c. 255, made by S.N.S. 1988, c. 30.

Dec 3, 1987

11

The reference in s. 12 to the Minister of Health should be read as a reference to the Minister of Health in accordance with amendments to the Public Service Act, R.S.N.S. 1989, c. 376, made by S.N.S. 1992, c. 14.

Jun 30, 1992

12

The reference in s. 12 to the Minister of Health should be read as a reference to the Minister of Health Promotion and Protection in accordance with O.I.C. 2006-116 under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 24, 2006

13

The reference in s. 12 to the Minister of Health should be read as a reference to the Minister of Health and Wellness in accordance with O.I.C. 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jan 11, 2011

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.