Definitions

1   (1) In this regulation, "Act" means the Health Care Costs Recovery Act.

(2) For the purposes of the Act, "insurer" means

(a) an insurer as defined in the Insurance Act,

(b) a captive insurance company as defined in the Insurance (Captive Company) Act, or

(c) a member of a reciprocal exchange as defined in section 186 of the Financial Institutions Act for which a permit under section 187 of that Act has been issued.

Health care practitioners

2   The following health care professions and occupations are prescribed for the purposes of paragraph (b) of the definition of "health care practitioner" in the Act:

(a) a profession or occupation referred to in the definition of "health care practitioner" in the Medicare Protection Act;

(b) occupational therapy.

Health care services

3   The following are designated for the purposes of paragraph (e) of the definition of "health care services" in the Act:

(a) the following services provided by the Ministry of Children and Family Development or the Community Living Authority:

(i) At Home Program Medical and Respite Benefits;

(ii) Supported Child Development;

(iii) Nursing Support Services;

(iv) therapies;

(v) family support;

(vi) professional support;

(vii) specialized residential services;

(b) the following professional services paid for by a regional health board:

(i) nursing;

(ii) social work;

(iii) registered dieticians;

(iv) occupational therapy;

(v) speech pathology;

(vi) physical therapy;

(c) prescription drugs that are funded under a drug plan established under the Drug Plans Regulation.

[am. B.C. Regs. 32/2012, Sch. 5, s. 1; 73/2015, App. 5.]

Contingency fee arrangements for government interests

4   (1) Subject to this section, the government may enter into a contingency fee arrangement with a lawyer for a beneficiary, or for the beneficiary's personal or other legal representative, under which the lawyer will also represent the government's interests in respect of a health care services claim.

(2) The compensation payable for representing the government's interest under an arrangement referred to in subsection (1) is 15% of the total amount recovered in respect of the health care services claim.

(3) In addition to the compensation payable under subsection (2), the government may pay for those disbursements directly related to the health care services claim.

(4) If the negligence or wrongful act or omission that gave rise to the health care services claim occurred outside British Columbia, subsections (2) and (3) do not apply to the contingency fee arrangement.

[am. B.C. Reg. 76/2022, s. 4.]

Exemptions

5   (1) The following are exempt from sections 3 to 7, 12, 13, 19 and 22 of the Act:

(a) legal proceedings under the Small Claims Act;

(b) legal proceedings in which the only defendant is the government.

(1.1) Section 10 of the Act does not apply to an insurer if the act or omission of the insured person has or may have caused or contributed to a personal injury to which section 115 of the Insurance (Vehicle) Act applies.

(2) Section 12 of the Act does not apply to a beneficiary or the beneficiary's personal or other legal representative if the beneficiary is represented by a lawyer who also represents the government's interests in respect of the health care services claim.

[am. B.C. Regs. 76/2022, ss. 3 and 4; 111/2022.]

Forms

6   The forms in the Schedule are prescribed for the purposes of sections 4 (1) and (1.1), 10, 12 and 13 of the Act.

[am. B.C. Reg. 153/2020, s. 1.]

Notices

7   (1) In addition to the other methods set out in section 22 of the Act, written notice to the government under section 4 (1) or (1.1) or 5 (3) (b) of the Act may be served by emailing the notice to AGHCCRAService@gov.bc.ca.

(2) A notice served by email under subsection (1) is deemed to be received at the time the person serving the notice receives an email confirmation that the email has been received.

(3) Notices prescribed for the purposes of sections 10, 12 and 13 of the Act are deemed to be received at the time they are date stamped by the Third Party Liability Office in the Ministry of Health.

[am. B.C. Regs. 19/2015, s. (a); 153/2020, s. 2.]