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"Point in Time" Regulation Content

Health Care Costs Recovery Act

Health Care Costs Recovery Regulation

B.C. Reg. 397/2008

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 3 March 8, 2012
June 1, 2015
Section 4 March 30, 2022
Section 5 March 30, 2022
May 2, 2022
Section 6 June 26, 2020
Section 7 February 13, 2015
June 26, 2020
Schedule February 13, 2015
June 26, 2020

 Section 3 (c) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.

(c) prescription drugs that are funded under the PharmaCare program operated by the Ministry of Health Services.

 Section 3 (c) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.

(c) prescription drugs that are funded under the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95.

 Section 4 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

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

 Section 5 (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

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

 Section 5 (1) BEFORE amended by BC Reg 111/2022, effective May 2, 2022.

(1) Legal proceedings under the Small Claims Act are exempt from sections 3 to 7, 12, 13, 19 and 22 of the Act.

 Section 5 (1.1) was added by BC Reg 111/2022, effective May 2, 2022.

 Section 6 BEFORE amended by BC Reg 153/2020, effective June 26, 2020.

Forms

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

 Section 7 BEFORE amended by BC Reg 19/2015, effective February 13, 2015.

Notices

7   (1) In addition to the other methods set out in section 22 of the Act, written notice to the government under sections 4 (1) and 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 Services.

 Section 7 (1) BEFORE amended by BC Reg 153/2020, effective June 26, 2020.

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

 Schedule BEFORE amended by BC Reg 19/2015, effective February 13, 2015.

Schedule

 Schedule Form "Notice of Legal Proceeding Pursuant to section 4 of the Health Care Cost Recovery Act" BEFORE repealed by BC Reg 153/2020, effective June 26, 2020.

 Schedule Form "Notice of Legal Proceeding Pursuant to section 4 (1) of the Health Care Cost Recovery Act" was enacted by BC Reg 153/2020, effective June 26, 2020.

 Schedule Form "Notice of Legal Proceeding Pursuant to section 4 (1.1) of the Health Care Cost Recovery Act" was enacted by BC Reg 153/2020, effective June 26, 2020.