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Canada Health Act

Glossary of Terms

The terms discribed in this glossary are defined within the context of the Canada Health Act. In other situations, these terms may have different definition or interpretation.


Accessibility

The accessibility criterion of the Canada Health Act (section 12) requires that health care insurance plans of provinces and territories provide:

  • insured health care services on uniform terms and conditions, on a basis that does not impede or preclude reasonable access to these services by insured persons, either directly or indirectly;
  • payment for insured health services according to a system of payment authorized by the law of the province or territory;
  • reasonable compensation for all insured health care services rendered by physicians and dentists; and
  • payment to hospitals to cover the cost of insured health care services.

Acute Care

Acute care includes health services provided to persons suffering from serious and sudden health conditions that require ongoing professional nursing care and observation. Examples of acute care include post-operative observation in an intensive care unit, and care and observation while waiting for emergency surgery.

Acute Care Facility

An acute care facility is a health care facility providing care or treatment of patients with an acute disease or health condition.

Admission

The official acceptance into a health care service facility and the assignment of a bed to an individual requiring medical or health services on a time-limited basis.

Block Fee

This is a fee charged by a physician for services that are not insured by the provincial or territorial health insurance plan, such as telephone advice, renewal of prescriptions by telephone, and completion of forms or documents.

Canada Health Act (CHA)

The Canada Health Act received Royal Assent on April 17, 1984, with the unanimous support of the House of Commons and the Senate. The Act, which replaced the Hospital Insurance and Diagnostic Services Act (1957) and the Medical Care Act (1968), sets out the national standards that the provincial and territorial health insurance plans must meet in order to receive the full federal cash contribution under the Canada Health and Social Transfer (CHST). The health portion of the CHST was replaced by the Canada Health Transfer effective April 1, 2004.

Canada Health and Social Transfer (CHST)

Coming into effect April 1, 1996, the Canada Health and Social Transfer (CHST) to provinces and territories provided support of health care, post-secondary education, social assistance and social services. The CHST replaced the Canada Assistance Plan, which cost-shared provincial and territorial social assistance programs. It also replaced the Established Programs Financing (EPF), which provided funding to support health care and post-secondary education.

The CHST was composed of a tax transfer and a cash transfer. The tax transfer component went back to 1977 when, under EPF, the federal government agreed with provincial and territorial governments to reduce its personal and corporate income tax rates in all provinces while they increased their tax bases by an equivalent amount. As a result, revenue that would have flowed to the federal government began to flow directly to provincial and territorial governments.

The CHST gave provinces and territories the flexibility to allocate payments among social programs according to their priorities, while upholding the principles of the CHA and the condition that there be no period of minimum residency with respect to social assistance.

Canada Health Transfer (CHT)

Effective April 1, 2004, the CHST was restructured into two new transfers, the Canada Health Transfer (CHT) and the Canada Social Transfer (CST). The CHT supports the Government of Canada’s ongoing commitment to maintain the national criteria and conditions of the Canada Health Act. The CST is a block fund in support of post-secondary education, social assistance and social services. It provides provinces and territories with the flexibility to allocate funds among social programs according to their respective priorities.

Chronic Care

Chronic care is care required by a person who is chronically ill or has a functional disability (physical or mental) whose acute phase of illness is over, whose vital processes may or may not be stable and who requires a range of services and medical management that can only be provided by a hospital.

Chronic Care Facility

A chronic care facility is a health care facility that provides ongoing, long-term, in-patient medical services. Chronic care facilities do not include nursing homes.

Comprehensiveness

A criterion of the Canada Health Act (section 9), which states that the health insurance plans of the provinces and territories must insure all insured health services (hospital, physician, surgical-dental) and, where provided by law in a province or territory, services rendered by other health care practitioners.

Consultation Process

Under Section 14(2) of the Canada Health Act, the Minister of Health must consult with a province or territory with respect to a potential breach of the five criteria and two conditions of the Act, before discretionary penalties can be levied for that province or territory.

Convention Refugee

A Convention refugee is a person who meets the definition of refugee in the 1951 United Nations Convention Relating to the Status of Refugees. In general, it is someone who has left his or her home country and has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group and is unable or, by reason of his or her fear, unwilling to seek the protection of the home country. In Canada, the Immigration and Refugee Board, Convention Refugee Determination Division, decides who is a Convention Refugee.

Coordinating Committee for Reciprocal Billing (CCRB)

Please see "Interprovincial Health Insurance Agreements Coordinating Committee."

Diagnostic Imaging

A procedure that detects or determines the presence of various diseases and/or conditions with the use of medical imaging equipment. Medical imaging equipment may include bone mineral densitometry, mammography, magnetic resonance imaging (MRI), nuclear medicine, ultrasound, computed tomography (CT), and X-ray/fluoroscopy.

Diagnostic Physician Service

For purposes of reporting on the Canada Health Act, a diagnostic physician service is any medically required service rendered by a medical practitioner that detects or determines the presence of diseases or conditions.

Discretionary Penalties

Discretionary penalties are outlined in sections 14 to 17 of the Canada Health Act. Under these provisions, the federal minister of health may authorize that a reduction in federal payments to a province or territory under the Canada Health and Social Transfer (CHST) be made when a breach of any of the five criteria or two conditions of the Canada Health Act have been identified and could not otherwise be resolved through consultations between the respective levels of government. The amount of any deduction is based on the gravity of the default.

Dispute Avoidance and Resolution (DAR)

In April 2002, provincial and territorial governments accepted a Canada Health Act dispute avoidance and resolution (DAR) process that would apply to the interpretation of the principles of the Canada Health Act as outlined by the Honourable A. Anne McLellan, federal Minister of Health, in a letter to the Honourable Gary Mar, Alberta Minister of Health and Wellness. The Canada Health Act dispute avoidance and resolution process commits governments to continue to actively participate in ad-hoc federal, provincial and territorial committees on Canada Health Act issues and undertake government-to-government information exchange, discussions and clarification on issues as they arise. Health Canada will also continue to provide advance assessments on provincial and territorial measures and direction, when requested.

Eligibility and Portability Agreement

The original Interprovincial/Territorial Agreement on Eligibility and Portability was approved by provincial and territorial Ministers of Health in 1971 and was implemented in 1972. The Agreement sets minimum standards with respect to interprovincial and territorial eligibility and portability of health insurance programs. Provinces and territories voluntarily apply the provisions of this agreement, thereby facilitating the mobility of Canadians and their access to health services throughout Canada. Officials meet periodically to review and revise the Agreement.

Enhanced Medical Goods and Services

These are medical goods or services provided in conjunction with insured services. They are usually a higher-grade service or product that is not medically necessary and provided to a patient for personal choice and convenience.

Epp Letter

In June 1985, approximately one year following the passage of the Canada Health Act in Parliament, the federal Health Minister, Jake Epp wrote to his provincial and territorial counterparts to set out and confirm the federal position on the interpretation and implementation of the Canada Health Act.

Minister Epp's letter followed several months of consultation with his provincial and territorial counterparts. The letter sets forth statements of federal policy intent which clarify the criteria, conditions and regulatory provisions of the Canada Health Act. These clarifications have been used by the federal government in the assessment and interpretation of compliance with the Act. The Epp letter remains an important reference for interpretation of the Canada Health Act.

Established Programs Financing (EPF)

Introduced in 1977, the Federal-Provincial Fiscal Arrangements and Established Programs Financing Act, also known as the EPF Act, replaced previous federal cost-sharing programs for insured hospital, medical and post-secondary transfers to provinces and territories.

The EPF transfer was a block fund which increased annually on the basis of economic and population growth. Under the EPF, cash and tax transfers were provided to provinces and territories in support of health and post-secondary education. Tax transfers consisted of income tax points transferred by the federal government to provincial and territorial governments in 1977.

In 1995-1996, the last year of EPF, provinces and territories received $22.0 billion in EPF entitlement (cash plus tax), 71.2 percent of which was intended for health care and the rest for post-secondary education. The EPF transfer was replaced in 1996 by the Canada Health and Social Transfer.

Extended Health Care Services

Section 2 of the Canada Health Act defines extended health care services as nursing home intermediate care service; adult residential care service; home care service; and ambulatory health care service.

Extra-billing

Section 2 of the Canada Health Act defines extra-billing as the billing for an insured health service rendered to an insured person by a medical practitioner or a dentist in an amount in addition to any amount paid or to be paid for that service by the health insurance plan of a province or territory.

Extra-billing and User Charges Information Regulations

The only regulations in force under the Canada Health Act are the Extra-billing and User Charges Information Regulations, which require provincial and territorial governments to provide to the federal Minister of Health, prior to the beginning of a fiscal year, estimates of extra-billing and user charges that are permitted to exist under their health care insurance plans so that appropriate deductions to federal transfers can be levied. Provincial and territorial governments are also required under these Regulations to provide financial statements showing the amounts of extra-billing and user charges actually charged in a fiscal year so that reconciliations with previously estimated deductions can be applied.

Family-based Registration

A method for registering or enrolling persons under a health care insurance plan whereby insured persons are registered as family units.

Federal Policy on Private Clinics (Marleau Letter)

On January 6, 1995, federal Minister of Health Diane Marleau wrote to each of her provincial and territorial counterparts, providing them with the federal policy position and legal interpretation that the definition of "hospital" as set out in the Canada Health Act includes any facility providing acute, rehabilitative or chronic care and includes those health care facilities known as "clinics." She informed them that after October 15, 1995, it was her intention to interpret facility fees charged to patients in such facilities or clinics as user fees. Any province or territory not in compliance with the federal policy on private clinics faced mandatory penalties under the Canada Health Act calculated from October 15, 1995. These penalties take the form of deductions from monthly cash transfer payments under the Canada Health and Social Transfer.

Fee-for-service

This is a method of payment for physicians based on a fee schedule that itemizes each service and provides a fee for each service rendered.

General Practitioner

This is a licensed physician in a province or territory who practises community-based medicine and refers patients to specialists when the diagnosis suggests it is appropriate. Some services a general practitioner may provide are: consultation, diagnosis, reference, counselling, advice on health care and prevention of illness, minor surgeries, and prescribing medicines.

Health Care Facility

A health care facility is a building or group of buildings under a common corporate structure that houses health care personnel and health care equipment to provide health care services (e.g., diagnostic, surgical, acute care, chronic care, dental care, physiotherapy) on an in-patient or out-patient basis to the public in general or to a designated group of persons or residents.

Health Care Insurance Plan

The Canada Health Act (section 2) defines a health care insurance plan as a plan or plans established by the law of a province or territory to provide for insured health services as defined under this same Act.

Health Insurance Supplementary Fund (HISF)

This is a fund, administered by the Canada Health Act Division to assist eligible individuals who, through no fault of their own, have lost or been unable to obtain provincial or territorial coverage for insured health services under the Canada Health Act. The fund was first established in 1972, when the portability of insurance between provinces varied and allowed for discrepancies in eligibility rules whereby a resident of Canada could become temporarily ineligible for health insurance in a province or territory following a change of province or a change of health care eligibility status (e.g., discharge from RCMP or Canadian Forces). The passage of the Canada Health Act in 1984 eliminated the discrepancies in interprovincial eligibility periods that were the source of most concerns for which the fund was established. There is currently $28,387 in the fund. There have been 5 applications for claims to the HISF since 1984; however, none of these have qualified under the terms and conditions for reimbursement.

Hospital

Section 2 of the Canada Health Act defines a hospital as any facility or portion thereof that provides hospital care, including acute, rehabilitative or chronic care, but does not include a hospital or institution primarily for the mentally disordered, or a facility or portion thereof that provides nursing home intermediate care service or adult residential care service, or comparable services for children.

Hospital Reciprocal Billing Agreement

This is a bilateral agreement between two provinces, or a province and a territory, or two territories that allows for the reciprocal processing of out-of-province or out-of-territory claims for hospital in- and out-patient services from either jurisdiction. Under such an agreement, insured hospital services are payable at the approved rates of the host province or territory or as otherwise agreed upon by the parties involved or by the Interprovincial Health Insurance Agreements Coordinating Committee (IHIACC).

In-patient

This is a patient who is admitted to a hospital, clinic or other health care facility for treatment that requires at least one overnight stay.

Insured Health Services

Under Section 2 of the Canada Health Act, insured health services means hospital services, physician services and surgical-dental services provided to insured persons, but does not include any health services that a person is entitled to and eligible for under any other Act of Parliament or under any act of the legislature of a province that relates to workers' or workmen's compensation.

Insured Hospital Services

Under Section 2 of the Canada Health Act and the Federal Policy on Private Clinics, insured hospital services include any of the following services provided to in-patients or out-patients at a hospital or clinic if the services are medically necessary for the purpose of maintaining health, preventing disease or diagnosing or treating an injury, illness or disability, namely:

  • accommodation and meals at the standard or public ward level and preferred accommodation if medically required;
  • nursing service;
  • laboratory, radiological and other diagnostic procedures, together with the necessary interpretations;
  • drugs, biologicals and related preparations when administered in the hospital or clinic;
  • use of operating room, case room and anaesthetic facilities, including necessary equipment and supplies;
  • medical and surgical equipment and supplies;
  • use of radiotherapy facilities;
  • use of physiotherapy facilities; and
  • services provided by persons who receive remuneration from the hospital or clinic.

Insured Person

An insured person is interpreted under the Canada Health Act as a resident of a province or territory other than:

  • a member of the Canadian Forces;
  • a member of the Royal Canadian Mounted Police who is appointed to rank therein;
  • a person serving a term of imprisonment in a penitentiary as defined in the Penitentiary Act; or
  • a resident of the province or territory who has not completed such minimum period of residence or waiting period, not exceeding three months, as may be required by the province or territory for eligibility for or entitlement to insured health services.

Insured Physician Service

Please see "Physician Services."

Insured Surgical-Dental Service

Please see "Surgical-Dental Services."

Interprovincial Health Insurance Agreements Coordinating Committee (IHIACC)

The Interprovincial Health Insurance Agreements Coordinating Committee, comprised of federal, provincial and territorial health department officials, was established in 1991 as the Coordinating Committee for Reciprocal Billing (CCRB), with the mandate to identify and resolve administrative issues related to interprovincial/territorial billing arrangements for medical (physician) and hospital services. The general intent of the provincial-territorial reciprocal billing agreements is to ensure that eligible Canadians have access to medically necessary health services when referred for these services outside their province or territory, when travelling or during educational leave or temporary employment. In 2002, the Committee changed its name to the Interprovincial Health Insurance Agreements Coordinating Committee to better reflect that the Committee's scope also extends to eligibility for health insurance coverage as well as interprovincial-territorial billing issues.

Mandatory Penalties

Provinces that allow extra-billing and user charges are subject to mandatory dollar-for-dollar deductions from federal transfer payments. Mandatory penalties are outlined in sections 20 to 21 of the Canada Health Act. Under these provisions, the federal minister of health may authorize that a reduction in federal payments to a province or territory under the Canada Health and Social Transfer (CHST) be made when a breach any of the extra-billing and user charges provisions of the Canada Health Act has been identified and could not otherwise be resolved through consultations between the respective levels of government.

Medical Necessity

Under the Canada Health Act, the provincial and territorial governments are required to provide medically necessary hospital and physician services to their residents on a prepaid basis, and on uniform terms and conditions. The Act does not define medical necessity. The provincial and territorial health insurance plans, in consultation with their respective physician colleges or groups, are primarily responsible for determining which services are medically necessary for health insurance purposes. If it is determined that a service is medically necessary, the full cost of the service must be covered by public health insurance to be in compliance with the Act. If a service is not considered to be medically required, the province or territory need not cover it through its health insurance plan.

Medical Practitioner

Section 2 of the Canada Health Act defines a medical practitioner as a person lawfully entitled to practise medicine in the place in which the practice is carried on by that person.

Medical Reciprocal Billing Agreement

This is a bilateral agreement between two provinces, or a province and a territory, or two territories that allows the reciprocal processing of out-of-province/territory claims for medical services provided by a licenced physician to residents of the other jurisdiction. Where a reciprocal billing agreement exists, an insured medical service is payable at the approved rate of the host province or territory.

Non-Participating Physician

This is a physician operating completely outside provincial or territorial health insurance plans. Neither the physician nor the patient is eligible for any cost coverage for services rendered or received from the provincial or territorial health insurance plans. A non-participating physician may therefore establish his or her own fees, which are paid directly by the patient.

Opted-out Physician

These are physicians who operate outside the provincial or territorial health insurance plans, and who bill their patients directly at provincial or territorial fee schedule rates. The provincial or territorial plans reimburse patients of opted-out physicians for charges up to, but not more than the amount paid by the plan under fee schedule agreement.

Out-patient

This is a patient admitted to a hospital, clinic or other health care facility for treatment that does not require an overnight stay.

Out-patient Diagnostic Care

Out-patient diagnostic care includes health care services in a health care facility for procedures that do not require an overnight stay and that detect and/or determine various diseases or health conditions.

Out-patient Surgical Facility

This is a health care facility providing short-term (day only) surgical services.

Participating Physician/Dentist

These are licensed physicians or dentists who are enrolled in provincial or territorial health insurance plans.

Physician Services

Section 2 of the Canada Health Act defines physician services as any medically required services rendered by medical practitioners.

Portability

This criterion of the Canada Health Act (section 11) requires that provincial and territorial health insurance plans not impose any minimum period of residence, or waiting period in excess of three months before residents become eligible for insured health services. In addition, the plans must cover and pay for insured services provided to insured persons while they are temporarily outside the province and during any period of residence, or waiting period imposed by the health care insurance plan of another province or territory.

Private Diagnostic Facility

This is a privately owned health care facility providing laboratory tests, radiological services and other diagnostic procedures.

Private (for-profit) Health Care Facility

This is a privately owned health care facility that pays out dividends or profits to its owners, shareholders, operators or members.

Private (not-for-profit) Health Care Facility

This is a privately owned health care facility that is recognized as operating on a non-profit basis under the laws of the provincial, territorial or federal governments.

Private Surgical Facility

This is a privately owned health care facility providing surgical health services.

Provision of Information Condition

The Canada Health Act (section 13 (a)) requires that provincial and territorial governments provide information to the federal minister of health as may be reasonably required, in relation to insured health care services and extended health care services, for the purposes of administering the Act.

Public Administration Criterion

The public administration criterion set out in section 8 of the Canada Health Act requires that each provincial and territorial health care insurance plan be administered and operated on a non-profit basis by a public authority that is responsible to the provincial or territorial government, and whose accounts and financial transactions are publicly audited.

Public Health Care Facility

A public health care facility is a publicly administered institution located within Canada that provides insured health care services under a provincial or territorial health care insurance plan on an in- or out-patient basis.

Recognition Condition

The Canada Health Act (section 13(b)) requires that provincial and territorial governments give recognition to the Canada Health and Social Transfer (CHST) in any public documents, advertisements or promotional material relating to insured health care services and extended health services in the province or territory.

Refugee Claimant

A refugee claimant is a person of non-Canadian nationality who has arrived in Canada and has applied for refugee protection status in Canada under the Immigration and Refugee Protection Act. If a refugee claimant receives a final determination from the Immigration and Refugee Board that he or she meets the definition of refugee in the 1951 United Nations Convention Relating to the Status of Refugees, then he or she may apply for permanent residence status in Canada.

Rehabilitative Care

Rehabilitative care includes health care services for persons requiring professional assistance to restore physical skills and functionality following an illness or injury. An example is therapy required by a person recovering from a stroke (e.g., physiotherapy and speech therapy).

Resident

Section 2 of the Canada Health Act defines a resident as a person lawfully entitled to be or to remain in Canada who resides and is ordinarily present in the province or territory, but does not include a tourist, a transient or a visitor to the province or territory.

Specialist

A specialist is a licensed physician in a province or territory whose practice of medicine is primarily concerned with specialized diagnostic and treatment procedures. Specialties include anaesthesia, dermatology, general surgery, gynaecology, internal medicine, neurology, neuropathology, ophthalmology, paediatrics, plastic surgery, radiology, and urology.

Surgery

The treatment of disease, injury or other types of ailment by using the hands or instruments to mend, remove or replace an organ, tissue, or part, or to remove foreign matter in the body.

Surgical-Dental Services

Section 2 of the Canada Health Act defines surgical-dental services as any medically or dentally required surgical-dental procedures performed by a dentist in a hospital, where a hospital is required for the proper performance of the procedures.

Surgical Physician Service

For purposes of reporting on the Canada Health Act, a surgical physician service is any medically required surgery rendered by a medical practitioner.

Temporarily Absent

Under the portability criterion of the Canada Health Act (section 11(1)(b)), the term "temporarily absent" is used to denote when a person is absent from their home province or territory of residence for reasons of business, education, vacation or other reasons, without taking up permanent residence in another province, territory or country.

Third-Party Payers

These are organizations such as workers' compensation boards, private health insurance companies and employer-based health care plans that pay for insured health services for their clients and employees.

Tray Fees

Tray fees are charges permitted under a provincial or territorial health care insurance plan for medical supplies and equipment such as alcohol swabs, instruments, sutures, etc., that are associated with the provision of an insured physician service.

Universality

This criterion of the Canada Health Act (section 10) requires that each provincial or territorial health care insurance plan entitle one hundred per cent of the insured persons of the province or territory to the insured health services provided for by the plan on uniform terms and conditions.

User Charge

Section 2 of the Canada Health Act defines a user charge as any charge for an insured health service that is authorized or permitted by a provincial or territorial health care insurance plan that is not payable, directly or indirectly, by a provincial or territorial health care insurance plan, but does not include any charge imposed by extra-billing. Please refer as well to the definition for extra-billing.

Last Updated: 2006-04-28 Top