On May 2, 2024, New Brunswick’s Lieutenant-Governor in Council enacted Regulation 2024-25 under the Health Facilities Act, designed to establish guidelines and requirements for surgical facilities operating within the province. This comprehensive regulation outlines the responsibilities of operators, requirements for patient records, protocols for additional medical goods or services, the revocation of consent, and mandates for annual performance reporting.

A funded surgical facility is a healthcare establishment that provides surgical services and receives financial support from a government body, typically a provincial or state health authority. This funding may cover various aspects of the facility’s operations, such as staffing, equipment, and patient care.

The regulation is officially titled the General Regulation – Health Facilities Act, and it defines “Act” as the Health Facilities Act. This serves as a legal framework for surgical facilities, ensuring compliance with established healthcare standards. Any agreements under the Health Facilities Act must include specific clauses, detailing the duration of the agreement, a description of the services provided at the surgical facility—including types of anesthesia—and the obligations of both the regional health authority and the operator. Operators are required to adhere to the by-laws and policies of the regional health authority, ensure compliance with clinical practices, hire qualified personnel, and maintain accreditation. Furthermore, the agreement must encompass clauses on privacy, security, and key performance measures to evaluate the surgical services provided.

Operators of funded surgical facilities are mandated to ensure that patient health records are integrated promptly into the records of the regional health authority with which they have an agreement. All funded surgical services must also be recorded within the authority’s information systems.

Additionally, the regulation stipulates that a written statement must accompany any provision of additional medical goods or services, as outlined in paragraph 7(2)(b) of the Act. This statement must include essential details such as the patient’s identification (name and Medicare number), information about the surgical facility and medical practitioner involved, and a description of the additional goods or services along with their rationale, including potential effects and risks. Cost details must be provided, along with a clear explanation of the calculation method. Importantly, the statement must contain the patient’s consent and acknowledge their right to revoke consent at any time before the services are provided. This structure ensures patients are fully informed about additional costs and their rights, fostering transparency in surgical services.

Patients have the right to revoke their consent to receive additional medical goods or services, either in writing or orally if it is impractical to do so in writing. The operator is required to refund any payments made for these services within 30 days of consent revocation. This provision emphasizes patient autonomy and the right to make informed decisions regarding healthcare.

New Brunswick (2024-25) May 2, 2024