Your Alberta Health Act – Why It's Needed

Why do we need an Alberta Health Act?

Health legislation matters. It sets the overall tone and direction of Alberta’s health system and has a direct effect on the quality and delivery of health services we receive.

Currently, Alberta has over 30 separate pieces of health legislation and over 100 regulations that don’t always mesh well and get in the way of delivering care and getting the best outcomes.

In January 2010, the Minister’s Advisory Committee on Health reported on what it heard from Albertans and stakeholders. They concluded that Alberta needs an Alberta Health Act – new legislation that will move the system from an overemphasis on the needs of institutions and providers to one that better recognizes and responds to people and families needing health services.

What would an Alberta Health Act look like?

Now: Under the Alberta Health Act:
The rationale for each different piece of legislation is specific to the part of the system the legislation was created for and isn’t always consistent. The Alberta Health Act will be written with a common set of principles and set out common definitions to ensure that the system acts as a system and puts people and families at the center.
The Nursing Homes Act doesn’t allow for funds to be provided to community based settings such as supportive living and is a disincentive to providing care in the home or assisted living. The Alberta Health Act will have common definitions and help funding, care and resources to “follow the patient” rather than the facility. This should help keep families and couples together in their own community or facility as they age.
The Hospitals Act provides for services within approved hospitals and doesn’t make it attractive to expand care to the community. For example, drugs are funded when provided in hospital, but not for outpatients. The Alberta Health Act will remove artificial barriers and encourage new models of care that provide services closer to home.

In fall 2009, the Minister’s Advisory Committee on Health consulted with stakeholders and the public on what to do about Alberta’s health legislation.

The Committee was made up of a broad cross-section of Albertans involved in health care, including health-care professionals, health researchers and academics.

The Committee recommended that Alberta establish a single piece of legislation – the Alberta Health Act – to set the overall direction for Alberta’s publicly-funded health system.

The Minister's Advisory Committee on Health said:

Consolidate current legislation –

Bring together the Acts that define how our publicly funded health services are provided, including the Alberta Health Care Insurance Act, Hospitals Act, Nursing Homes Act, Health Care Protection Act and Health Insurance Premium Act.

Create the Alberta Health Act as enabling legislation –

Ensure that the new Act can address the realities of today’s health system and can adapt to the future. Enabling legislation sets out the principles and limits which will govern our publicly funded health system, but allows for flexibility and improvement in how things are done through regulation and policy as new service delivery models, standards, and technology become available. The legislation will also reaffirm Alberta’s commitment to the principles of the Canada Health Act.

Put in checks and balances to guide what regulations and policies are put in place and how they get developed –

The Committee said government should create a system of checks and balances in the new Act to guide legislators, regulators and health-care providers in developing regulations and policies and ensure decisions are in keeping with the intent of the Act. The Committee recommended:

  • Embedding principles in the Alberta Health Act to guide decision-making;
  • Being clear that Alberta’s legislation respects the Canada Health Act;
  • Developing a patient charter that sets out roles and responsibilities for government, health professionals and users of the system;
  • Involving the public, health professionals and stakeholders in decision-making in a meaningful way; and
  • Creating an arms-length organization to support better decision-making using best available evidence.

What happened next?

The Government of Alberta accepted the Committee’s recommendations in January 2010 and plans to introduce an Alberta Health Act in the fall.

Fred Horne, MLA  for Edmonton Rutherford, who co-chaired the Minister's Advisory Committee on Health in 2009, was commissioned to lead another provincewide consultation on an Alberta Health Act. 

How were Albertans involved?

Consultation is the most important step in getting the legislation ready for introduction into the Legislature. MLA Fred Horne, working with an advisory committee and the 12 Health Advisory Councils, conducted workshops sessions with the public, stakeholders and also provided an online survey.

A report on the consultations has been issued and was introduced during the fall 2010 sitting of the Alberta Legislature.