Alberta looking to restructure healthcare, change Public Health Act

The Alberta government is making changes to restructure healthcare in the province, including making changes to the Public Health Act.

Thursday, the province introduced the Health Statutes Amendment Act (HSAA), in which they say is an effort to refocus the healthcare system by providing clarity on issues that matter to Albertans.

Under the HSAA, the province is looking to “preserve choice for minors identifying as transgender,” while also making amendments to the Provincial Health Agencies Act (PHAA), Public Health Act, Health Information Act, and Health Professions Act.

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Proposed changes to the PHAA will include a new section to govern PHCs, meaning the province will lay out the framework for Alberta Health Services (AHS) and any other new entities that may require incorporation as statutory corporations in the health system.

The province says there will also be an elevated requirement to “have a patient complaint resolution process from the level of the PHAA regulations to the level of the Act.”

Another proposed change would include that public meeting provisions – similar to COVID cohorts – do not apply when made by a one-person governance structure. However, the province says that resolutions will instead be posted publicly within 72 hours of approval.

The Government of Alberta also said 20 “consequential acts” that belong to nine ministries will also be amended, however, the 20 acts were not listed.

This will also mean that the provincial Cabinet can make regulations on many of the PHC’s functions, while also having the ability to issue directives, dismiss members, and appoint an official administrator or new members.

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This includes the removal of Provincial Health Boards, as the province says that it is an outdated concept.

Additionally, PHC will also be labelled a “successor” which should allow for a seamless transition of staff, as AHS moves to an acute care service, and the Regional Health Authority (RHA) is “wound up”.

Through the “successor” title, the province is looking to move all property owned by AHS and RHA to Alberta Infrastructure and lease it back to the health system.

On top of all that, the province says PHCs will also be labelled Crown agents with tax-exempt status.

COVID-19 and the Public Health Act

Following the COVID-19 pandemic and the first use of the Public Health Act, which declared a state of public health emergency, on Jan. 19, 2023, the Smith government mandated a review of the province’s response three years prior.

According to the province, the report found over 90 recommendations to improve how future public health emergencies are handled.

The province says from the recommendations, they are looking to strengthen the Public Health Act while protecting the rights of Albertans and increasing the healthcare system’s capacity to respond during a health emergency.

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In the amendments, the province is looking to clarify the intent of the Public Health Act and its principles and amend the definition of a public health emergency to provide clarity on what constitutes as a public health emergency.

The proposed definition of a “public health emergency” will mean the urgent and temporary occurrence or threat of an occurrence of (any of the list below) that poses a significant risk to the public of an increase in disease, injuries, disabilities, or deaths, in excess of expectations during times of normalcy.

• an illness,
• a health condition,
• an epidemic or pandemic disease,
• a novel or highly infectious agent or biological toxin, or
• the presence of a chemical agent or radioactive material.

As for the intent of a Public Health Act, the province is looking to clarify it as the following:

• The Government of Alberta is committed to providing leadership and support in the area of public health;
• The Government of Alberta recognizes that taking measures to prevent, detect, assess, and mitigate public health risks including the spread of communicable diseases, epidemics and other illnesses is essential to protect the health of Albertans;
• The Government of Alberta recognizes the importance of a legal framework that provides for the prevention, detection, assessment, and mitigation of public health risks;
• The Government of Alberta recognizes the importance of effective and efficient provincial decision-making, clearly defined roles, and coordination among all parties involved in the management of public health during times of exigency;
• The Government of Alberta is committed to transparency, accountability, and responsiveness in the area of public health; and
• The Government of Alberta is committed to protecting the health of Albertans, both in times of normalcy and in times of exigency, while still respecting the rights of Albertans under the Alberta Bill of Rights.

Additionally, the province is looking to make a change to the Health Information Act. That change will designate the Ministry of Seniors, Community, and Social Services as a custodian under the Act.

This will allow the Ministry the ability to share information, allowing for improved connectivity between healthcare providers and patients.