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"Point in Time" Regulation Content

Medicare Protection Act

Medical and Health Care Services Regulation

B.C. Reg. 426/97

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 February 10, 2013
January 1, 2017
September 1, 2019
Section 2 February 10, 2013
September 1, 2019
Section 3.1 March 27, 2013
Section 4 March 27, 2013
April 14, 2014
Section 5 March 27, 2013
Section 7 February 10, 2013
October 1, 2015
Part 2.1 Section 7.1 to 7.5 February 10, 2013
Part 2.1 January 1, 2017
Section 7.1 July 14, 2014
January 1, 2017
April 13, 2018
Section 7.2 July 14, 2014
April 15, 2016
Section 7.3 April 15, 2016
Section 7.4 April 15, 2016
January 1, 2017
April 13, 2018
Section 7.41 April 13, 2018
Section 7.5 July 14, 2014
April 15, 2016
Part 3 January 1, 2020
Section 7.6 April 14, 2014
January 1, 2017
November 14, 2017
September 1, 2019
January 1, 2020
Section 8 January 1, 2010
January 1, 2011
January 1, 2012
January 1, 2013
February 10, 2013
January 1, 2014
January 1, 2015
January 1, 2016
January 1, 2017
January 1, 2018
September 1, 2019
January 1, 2020
Section 8.1 January 1, 2017
January 1, 2020
Section 9 February 10, 2013
January 1, 2020
Section 10 November 14, 2017
January 1, 2020
Section 10.1 January 1, 2017
September 1, 2019
January 1, 2020
Section 11 January 1, 2010
January 1, 2013
February 10, 2013
April 1, 2013
April 14, 2014
January 1, 2017
January 1, 2018
January 1, 2020
Section 12 January 1, 2017
January 1, 2020
Section 12.1 April 14, 2014
January 1, 2017
January 1, 2020
Section 13 January 1, 2017
January 1, 2020
Section 14 April 1, 2013
January 1, 2017
January 1, 2020
Section 15 February 10, 2013
Section 15.1 February 10, 2013
January 1, 2020
Section 17 December 6, 2010
February 10, 2013
Section 19 May 15, 2015
Section 19.1 August 10, 2020
Section 22 December 6, 2010
February 10, 2013
July 19, 2019
Section 25.1 November 14, 2017
January 1, 2020
Section 27 April 1, 2013
July 28, 2015
October 1, 2015
Section 29 March 18, 2013
November 14, 2017
Part 4.1 Section 29.1 to 29.2 February 10, 2013
Part 4.1 January 1, 2017
Section 29.1 November 14, 2017
Section 30 February 10, 2013
Section 31 February 10, 2013
Section 33 February 10, 2013
Section 35 February 10, 2013
April 1, 2013
December 12, 2017
Section 36 February 10, 2013
Section 38 February 10, 2013
March 18, 2013
October 1, 2015
Section 39 October 1, 2015
Section 43 February 10, 2013
Section 45 March 4, 2010
September 23, 2011
January 30, 2013
February 10, 2013
October 1, 2015
September 20, 2016
Section 46 February 10, 2013
November 28, 2013
Section 47 February 10, 2013
November 14, 2017
April 13, 2018
Section 48 February 10, 2013
Schedule February 10, 2013
Schedule A January 1, 2020
Schedule B February 10, 2013
July 14, 2014
September 30, 2017
April 13, 2018
Schedule C February 10, 2013
July 14, 2014
April 13, 2018
Schedule D February 10, 2013
July 14, 2014
March 1, 2017
April 13, 2018
Schedule E February 10, 2013
July 14, 2014
April 13, 2018

 Section 1 definitions of "Act", "agent", "BC Driver's Licence with PHN", "BC Services Card with PHN", "CareCard", "child", "ICBC", "personal health number" or "PHN", "provincial identity information services provider" and "services card" were added by BC Reg 223/2012, effective February 10, 2013.

B.C. Reg. 223/2012 was amended by B.C. Reg. 342/2012 effective November 23, 2012.

 Section 1 definitions of "commission" and "definition" BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

"commission" in Parts 4, 5 and 6 includes a special committee exercising the powers, duties or functions of the commission specified by the Lieutenant Governor in Council under section 5 (1) of the Medicare Protection Act;

"definition" means the definition of "resident" in section 1 of the Medicare Protection Act.

 Section 1 definition of "BC Services Card with PHN", paragraph (a) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(a) is issued on or after February 10, 2013 by a provincial identity information services provider to a person on enrollment, or renewal of enrollment, with the plan, and

 Section 1 definition of "CareCard", paragraph (a) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(a) is issued by the commission before February 10, 2013 to a person on enrollment with the plan, and

 Section 1 definition of "child" BEFORE repealed by BC Reg 223/2016, effective January 1, 2017.

"child", for the purposes of Part 3, means a person who

(a) is a child of a beneficiary or a person in respect of whom a beneficiary stands in the place of a parent and who

(i) is a minor, or

(ii) is older than 18 and younger than 25 years and is in full time attendance at a post secondary institution that is approved by the commission,

(b) does not have a spouse, and

(c) is supported by the beneficiary;

 Section 1 definition of "international student" was added by BC Reg 188/2019, effective September 1, 2019.

 Section 2 (g) (i) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(i)  issuance of the permit has been recommended by the committee established by the minister responsible for the Medicare Protection Act to review the admissibility of persons on medical grounds, and

 Section 2 (a) BEFORE amended by BC Reg 188/2019, effective September 1, 2019.

(a) a person admitted to Canada as a student who,

(i) possesses a valid student authorization issued under the Immigration Act (Canada) before its repeal or a study permit issued under the Immigration and Refugee Protection Act (Canada), for a period of 6 or more months,

(ii) continues to retain such valid authorization, and

(iii) meets the criteria under paragraphs (b) and (c) of the definition;

 Section 2 (b) (i) BEFORE amended by BC Reg 188/2019, effective September 1, 2019.

(i) possesses a valid employment authorization issued under the Immigration Act (Canada) before its repeal or a work permit issued under the Immigration and Refugee Protection Act (Canada), for a period of 6 or more months,

 Section 2 (i) BEFORE amended by BC Reg 188/2019, effective September 1, 2019.

(i) a person who moves to British Columbia and would be deemed to be a resident under paragraphs (a) to (g) of this section except that the criterion under paragraph (c) of the definition is not met because the person arrived in British Columbia after June 30 in the calendar year;

 Section 3.1 was enacted by BC Reg 147/2013, effective March 27, 2013.

 Section 4 (1.1) was added by BC Reg 147/2013, effective March 27, 2013.

 Section 4 (1) (b.1) and (1.01) were added by BC Reg 53/2014, effective April 14, 2014.

 Section 5 (1) (part) BEFORE amended by BC Reg 147/2013, effective March 27, 2013.

(1)  For a resident who is temporarily absent from British Columbia or a person who is deemed to be a resident under section 3 or 4, the commission may approve continued status as a resident for one further period if

 Section 7 BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

 Consequence to beneficiary of withdrawal from the plan

7  The prescribed period for the purposes of section 7.1 of the Medicare Protection Act is 12 months.

 Section 7 BEFORE amended by BC Reg 51/2015, effective October 1, 2015.

Consequence to beneficiary of withdrawal from the plan

7   The prescribed period for the purposes of section 7.1 of the Act is 12 months.

[am. B.C. Reg. 223/2012, App. s. 2.]

 Part 2.1 and sections 7.1 to 7.5 were enacted by BC Reg 223/2012, effective February 10, 2013.

B.C. Reg. 223/2012 was amended by B.C. Reg. 342/2012 effective November 23, 2012.

 Part 2.1 heading BEFORE re-enacted by BC Reg 223/2016, effective January 1, 2017.

Part 2.1 — Enrollment of Beneficiaries

 Section 7.1 (2) (a) BEFORE amended by BC Reg 143/2014, effective July 14, 2014.

(a) attending in person before an agent to provide proof of the applicant's identity, and

 Section 7.1 (2) and (4) (part) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(2) An adult resident must apply for enrollment as a beneficiary by

(a) attending in person before an agent to provide proof of the applicant's identity and confirmation that the applicant is a resident of British Columbia, and

(b) submitting to the commission

(i) an application in the form set out in

(A) Schedule B, if the applicant is receiving benefits under the Non-Insured Health Benefits for First Nations and Inuit Program established by Health Canada,

(B) Schedule C, if the applicant is applying for enrollment in a group plan, or

(C) Schedule D, if the applicant is not described in clause (A) or (B), and

(ii) the documents required to be provided as set out in the applicable application form referred to in subparagraph (i).

(4) An adult resident who, under section 7 (1) (b) of the Act, must apply for enrollment of each of the applicant's children as a beneficiary must do so by submitting to the commission

 Section 7.1 (2) (b) (i) BEFORE amended by BC Reg 72/2018, effective April 13, 2018.

(i) an application in the form set out in

(A) Schedule B, if the applicant is receiving benefits under the Non-Insured Health Benefits for First Nations and Inuit Program established by Health Canada,

(B) Schedule C, if the applicant is applying for enrolment in a group plan, or

(C) Schedule D, if the applicant is not described in clause (A) or (B), and

 Section 7.1 (4) (a) BEFORE amended by BC Reg 72/2018, effective April 13, 2018.

(a) an application in

(i) the applicable form referred to in subsection (2) (b) (i), or

(ii) the form set out in Schedule E, following the birth of a child of the applicant if the child is born in British Columbia after the applicant is enrolled, and

 Section 7.2 (1) BEFORE amended by BC Reg 143/2014, effective July 14, 2014.

(1) An adult beneficiary must, in accordance with subsection (2), apply to renew his or her enrollment in the plan before February 10, 2018.

 Section 7.2 (2) (b) BEFORE amended by BC Reg 143/2014, effective July 14, 2014.

(b) verbal confirmation that the applicant is a resident of British Columbia.

 Section 7.2 BEFORE repealed by BC Reg 92/2016, effective April 15, 2016.

Renewal of enrollment

7.2   (1) An adult beneficiary must, in accordance with subsection (2), apply to renew his or her enrollment in the plan on or before February 10, 2018.

(2) An adult beneficiary must apply to renew his or her enrollment by attending in person before an agent to provide

(a) proof of the applicant's identity, and

(b) confirmation that the applicant is a resident of British Columbia.

(3) For the purposes of subsection (2) (a) of this section, the applicant must provide proof of the applicant's identity that meets the identity proving requirements set out in Direction 3/12, as amended from time to time, given to the commission by the minister responsible for the Freedom of Information and Protection of Privacy Act under section 69.2 (3) of that Act.

[en. B.C. Reg. 223/2012, App. s. 3, as am. by B.C. Reg. 342/2012, s. 5; am. B.C. Reg. 143/2014, s. 2.]

 Section 7.3 BEFORE repealed by BC Reg 92/2016, effective April 15, 2016.

Failure to renew enrollment

7.3   If an adult beneficiary does not apply to renew enrollment as required under section 7.2 (1), his or her enrollment expires on February 10, 2018.

[en. B.C. Reg. 223/2012, App. s. 3, as am. by B.C. Reg. 342/2012, s. 6.]

 Section 7.4 (1), (3) (part) and (4) BEFORE amended by BC Reg 92/2016, effective April 15, 2016.

(1) In this section and section 7.5, "deemed resident" means a person who is deemed to be a resident under section 2 except a person referred to in paragraph (h) of that section.

(3) Despite section 7.2, an adult beneficiary who is a deemed resident must apply to renew his or her enrollment and, if applicable, each of his or her children's enrollment,

(4) Despite section 7.3, if a person who is a beneficiary is no longer a deemed resident, the person's enrollment as a beneficiary expires on the date he or she is no longer a deemed resident.

 Section 7.4 (2) (part), (3) (part) and (4) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(2) Despite section 7.1, a deemed resident who is an adult

(a) must apply for enrollment as a beneficiary, and

(b) if the deemed resident must, under 7 (1) (b) of the Act, apply for enrollment of each of the deemed resident's children as a beneficiary, must do so

by submitting to the commission

(c) an application

(i) in the form set out in

(A) Schedule B, if the applicant is receiving benefits under the Non-Insured Health Benefits for First Nations and Inuit Program established by Health Canada,

(B) Schedule C, if the applicant is applying for enrollment in a group plan, or

(3) An adult beneficiary who is a deemed resident must apply to renew his or her enrollment and, if applicable, each of his or her children's enrollment,

(4) If a person who is a beneficiary is no longer a deemed resident, the person's enrollment as a beneficiary expires on the date he or she is no longer a deemed resident.

 Section 7.4 (2) (c) BEFORE amended by BC Reg 72/2018, effective April 13, 2018.

(c) an application

(i) in the form set out in

(A) Schedule B, if the applicant is receiving benefits under the Non-Insured Health Benefits for First Nations and Inuit Program established by Health Canada,

(B) Schedule C, if the applicant is applying for enrolment in a group plan, or

(C) Schedule D, if the applicant is not described in clause (A) or (B), or

(ii) in the form set out in Schedule E, following the birth of a child of the applicant if the child is born in British Columbia after the applicant is enrolled, and

 Section 7.41 was enacted by BC Reg 72/2018, effective April 13, 2018.

 Section 7.5 (b) and (c) BEFORE repealed by BC Reg 143/2014, effective July 14, 2014.

(b) adults who are receiving a type of residential care within the meaning of section 2 (2) of the Residential Care Regulation, B.C. Reg. 96/2009;

(c) adults who are residing in a hospital within the meaning of paragraph (c) of the definition of "hospital" in the Hospital Act.

 Section 7.5 BEFORE repealed by BC Reg 92/2016, effective April 15, 2016.

Exemptions from renewal of enrollment

7.5   A beneficiary, except a beneficiary who is a deemed resident, who belongs to one or more of the following classes is not required to renew his or her enrollment as a beneficiary under section 7.2 of this regulation:

(a) adults aged 75 years or more.

(b) and (c) Repealed. [B.C. Reg. 143/2014, s. 3.]

[en. B.C. Reg. 223/2012, App. s. 3; am. B.C. Reg. 143/2014, s. 3.]

 Part 3 heading BEFORE re-enacted by BC Reg 180/2019, effective January 1, 2020.

Part 3 — Premiums

 Section 7.6 was enacted by BC Reg 53/2014, effective April 14, 2014.

 Section 7.6 definition of "adjusted net income", paragraph (a) (ii) BEFORE amended and (a) (iii) BEFORE repealed by BC Reg 223/2016, effective January 1, 2017.

(ii) if the eligible person is married to, or in a marriage-like relationship with, another person who is not a resident, the net income of the other person;

(iii) if the eligible person is a minor and is supported by a parent or person who stands in place of a parent, the net income of the parent or person who stands in place of a parent, and

 Section 7.6 definitions of "dependent post-secondary student" and "qualifying spouse" were added by BC Reg 223/2016, effective January 1, 2017.

 Section 7.6 definition of "eligible person", paragraph (b) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(b) is not a child,

 Section 7.6 definition of "family member", paragraph (b.1) was added by BC Reg 223/2016, effective January 1, 2017.

 Section 7.6 definition of "eligible member", paragraph (a) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

(a) has, for the 12 consecutive months immediately prior to the date on which premium assistance is first provided to him or her under section 11, made his or her home in Canada and been a citizen of Canada or lawfully admitted to Canada for permanent residence,

 Section 7.6 definition of "qualifying spouse", paragraph (b) BEFORE amended by BC Reg 188/2019, effective September 1, 2019.

(b) is not a minor or a dependent post-secondary student.

 Section 7.6 definition of "adjusted net income", paragraph (b) (vii) was added by BC Reg 180/2019, effective January 1, 2020.

 Section 7.6 definition of "dependent post-secondary student" BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

"dependent post-secondary student" means a person who is

(a) older than 18 and younger than 25 years of age,

(b) in attendance at a post-secondary institution approved by the commission on a basis recognized by the commission as full time, and

(c) supported by a beneficiary who is the person's parent or is a person who stands in the place of the person's parent;

 Section 7.6 definition of "eligible person", paragraphs (a) and (b) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(a) has, for the 12 consecutive months immediately prior to the date on which his or her grant of premium assistance first takes effect under section 11, 13 or 14, as applicable, made his or her home in Canada and been a citizen of Canada or lawfully admitted to Canada for permanent residence,

(b) is not a minor or a dependent post-secondary student,

 Section 7.6 definition of "family member", paragraph (b.1) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(b.1) a dependent post-secondary student, if

(i) the dependent post-secondary student is supported by the eligible person, and

(ii) the eligible person is the parent of, or stands in the place of the parent of, the dependent post-secondary student;

 Section 7.6 definitions of "post-secondary student" and "supplemental services" were added by BC Reg 180/2019, effective January 1, 2020.

 Section 7.6 definition of "qualifying spouse", paragraph (b) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(b) is not a minor, a dependent post-secondary student or an international student.

 Section 8 (1) BEFORE amended by BC Reg 284/2009, effective January 1, 2010.

(1)  For the purposes of section 8 of the Medicare Protection Act, the monthly premium rates for beneficiaries are

(a) $54 a month for a single beneficiary,

(b) $96 a month for a beneficiary and spouse or a beneficiary and one child, and

(c) $108 a month for a beneficiary, spouse and one or more children or a beneficiary and 2 or more children.

 Section 8 (1) BEFORE amended by BC Reg 273/2010, effective January 1, 2011.

(1)  For the purposes of section 8 of the Medicare Protection Act, the monthly premium rates for beneficiaries are

(a) $57 a month for a single beneficiary,

(b) $102 a month for a beneficiary and spouse or a beneficiary and one child, and

(c) $114 a month for a beneficiary, spouse and one or more children or a beneficiary and 2 or more children.

 Section 8 BEFORE amended by BC Reg 179/2011 effective January 1, 2012.

 Monthly premium rates

8  (1)  For the purposes of section 8 of the Medicare Protection Act, the monthly premium rates for beneficiaries are

(a) $60.50 a month for a single beneficiary,

(b) $109 a month for a beneficiary and spouse or a beneficiary and one child, and

(c) $121 a month for a beneficiary, spouse and one or more children or a beneficiary and 2 or more children.

(2)  The applicable premium must be paid on or before the last day of the month preceding the period for which the beneficiary is enrolled under section 7 of the Medicare Protection Act.

[am. B.C. Regs. 79/2002, s. 1; 284/2009, ss. (a) to (c); 273/2010.]

 Section 8 (1) BEFORE amended by BC Reg 304/2012, effective January 1, 2013.

(1)  For the purposes of section 8 of the Medicare Protection Act, the monthly premium rates for beneficiaries are

(a) $64 a month for a single beneficiary,

(b) $116 a month for a beneficiary and spouse or a beneficiary and one child, and

(c) $128 a month for a beneficiary, spouse and one or more children or a beneficiary and 2 or more children.

 Section 8 (3) was added by BC Reg 304/2012, effective January 1, 2013.

 Section 8 (1) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(1)  For the purposes of section 8 of the Medicare Protection Act, the monthly premium rates for beneficiaries are

 Section 8 (2) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(2)  The applicable premium must be paid on or before the last day of the month preceding the period for which the beneficiary is enrolled under section 7 of the Medicare Protection Act.

 Section 8 (1) (a), (b) and (c) BEFORE amended by BC Reg 225/2013, effective January 1, 2014.

(a) $66.50 a month for a single beneficiary;

(b) $120.50 a month for

(i)  2 beneficiaries who are spouses, or

(ii)  a beneficiary and one child;

(c) $133 a month for

(i)  2 beneficiaries who are spouses and one or more children, or

(ii)  a beneficiary and 2 or more children.

 Section 8 (1) (a), (b) and (c) BEFORE amended by BC Reg 144/2014, effective January 1, 2015.

(a) $69.25 a month for a single beneficiary;

(b) $125.50 a month for

(i) 2 beneficiaries who are spouses, or

(ii) a beneficiary and one child;

(c) $138.50 a month for

(i) 2 beneficiaries who are spouses and one or more children, or

(ii) a beneficiary and 2 or more children.

 Section 8 (1) (a), (b) and (c) BEFORE amended by BC Reg 154/2015, effective January 1, 2016.

(a) $72.00 a month for a single beneficiary;

(b) $130.50 a month for

(i) 2 beneficiaries who are spouses, or

(ii) a beneficiary and one child;

(c) $144.00 a month for

(i) 2 beneficiaries who are spouses and one or more children, or

(ii) a beneficiary and 2 or more children.

 Section 8 BEFORE re-enacted by BC Reg 223/2016, effective January 1, 2017.

Monthly premium rates

8   (1) For the purposes of section 8 of the Act, the monthly premium rates for beneficiaries are as follows:

(a) $75.00 a month for a single beneficiary;

(b) $136.00 a month for

(i) 2 beneficiaries who are spouses, or

(ii) a beneficiary and one child;

(c) $150.00 a month for

(i) 2 beneficiaries who are spouses and one or more children, or

(ii) a beneficiary and 2 or more children.

(2) The applicable premium must be paid on or before the last day of the month preceding each month that is within the period for which the beneficiary

(a) is enrolled under section 7.2 of the Act, or

(b) was required, under section 7 (2) of the Act, to renew enrollment as a beneficiary.

(3) If a beneficiary is a minor, a reference to a child in subsection (1) includes a minor sibling of the beneficiary.

[am. B.C. Regs. 79/2002, s. 1; 284/2009, ss. (a) to (c); 273/2010; 179/2011; 223/2012, App. ss. 2 and 4; 304/2012, s. 1; 225/2013; 144/2014; 154/2015, App. B, s. 1.]

 Section 8 BEFORE amended by BC Reg 208/2017, effective January 1, 2018.

General premium rate for beneficiaries

8   For the purposes of section 8 of the Act and subject to this Part, the premium rate for a beneficiary is $75.00 per month.

[en. B.C. Reg. 223/2016, s. 6.]

 Section 8 BEFORE re-enacted by BC Reg 188/2019, effective September 1, 2019.

General premium rate for beneficiaries

8   For the purposes of section 8 of the Act and subject to this Part, the premium rate for a beneficiary is $37.50 per month.

[en. B.C. Reg. 223/2016, s. 6; am. B.C. Reg. 208/2017, Sch. 2, s. 1.]

 Section 8 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

General premium rate for beneficiaries

8   For the purposes of section 8 of the Act and subject to this Part, the premium rate for a beneficiary who

(a) is not an international student is $37.50 per month,

(b) is an international student and who is a minor or a dependent post-secondary student is $37.50 per month or part of a month, if enrolment as an international student is only for part of a month, and

(c) is an international student to whom paragraph (b) does not apply is $75 per month or part of a month, if enrolment as an international student is only for part of a month.

[en. B.C. Reg. 188/2019, s. 4.]

 Section 8.1 was enacted by BC Reg 223/2016, effective January 1, 2017.

 Section 8.1 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

When premium is payable

8.1   The premium payable under the Act by a beneficiary must be paid on or before the last day of the month preceding each month that is within the period for which the beneficiary is enrolled under section 7.2 of the Act.

[en. B.C. Reg. 223/2016, s. 6.]

 Section 9 BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

 Interest rate for late premium payments

9  The prescribed rate for the purposes of section 8.1 of the Medicare Protection Act is the rate established from time to time under section 4 (2) of B.C. Reg. 214/83, the Interest on Overdue Accounts Receivable Regulation.

 Section 9 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

Interest rate for late premium payments

9   The prescribed rate for the purposes of section 8.1 of the Act is the rate established from time to time under section 4 (2) of B.C. Reg. 214/83, the Interest on Overdue Accounts Receivable Regulation.

[am. B.C. Reg. 223/2012, App. s. 2.]

 Section 10 (1) (part), (1.1) and (2) (part) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

(1) No premiums are payable by a resident who

(2) No premiums are payable by a resident admitted to Canada as a convention refugee and holding permanent resident status as defined in the Immigration and Refugee Protection Act (Canada) until the resident

(1.1) No premiums are payable by a resident for 6 months after the resident has ceased to be a recipient of income assistance under the Employment and Assistance Act or disability assistance under the Employment and Assistance for Persons with Disabilities Act.

 Section 10 (1) (a), (b) and (c) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

(a) is a recipient of income assistance under the Employment and Assistance Act,

(b) is a recipient of disability assistance under the Employment and Assistance for Persons with Disabilities Act,

(c) was a recipient under paragraph (a) or (b) within the immediately preceding 6 months and satisfies the commission that he or she has, for the immediately preceding 12 consecutive months, made his or her home in Canada and has been a citizen of Canada or lawfully admitted to Canada for permanent residence,

 Section 10 (1) (a.1) and (b.1) were added by BC Reg 208/2017, effective November 14, 2017.

 Section 10 (1) (part) and (2) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(1) No premiums are payable by a beneficiary who

(2) No premiums are payable by a beneficiary admitted to Canada as a convention refugee and holding permanent resident status as defined in the Immigration and Refugee Protection Act (Canada) until the beneficiary

(a) is employed in Canada, or

(b) has resided in Canada for 12 months,

whichever is sooner.

 Section 10 (1) (c.1) was added by BC Reg 180/2019, effective January 1, 2020.

 Section 10 (1.1) BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

(1.1) No premiums are payable by a beneficiary for 6 months after the beneficiary has ceased to be a person described in subsection (1) (a) to (b.1).

 Section 10.1 was enacted by BC Reg 223/2016, effective January 1, 2017.

 Section 10.1 BEFORE re-enacted by BC Reg 188/2019, effective September 1, 2019.

No premiums payable by minors or dependent post-secondary students

10.1   No premiums are payable by a beneficiary who is a minor or a dependent post-secondary student.

[en. B.C. Reg. 223/2016, s. 7.]

 Section 10.1 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

No premiums payable by minors or certain students

10.1   No premiums are payable by a beneficiary who

(a) is a minor or a dependent post-secondary student, and

(b) is not an international student.

[en. B.C. Reg. 188/2019, s. 5.]

 Section 11 (2) (f) was added by BC Reg 284/2009, effective January 1, 2010.

 Section 11 (5) (a) to (f) BEFORE amended by BC Reg 284/2009, effective January 1, 2010.

(a) nil if the adjusted net income does not exceed $20 000,

(b) 20% if the adjusted net income exceeds $20 000 but does not exceed $22 000,

(c) 40% if the adjusted net income exceeds $22 000 but does not exceed $24 000,

(d) 60% if the adjusted net income exceeds $24 000 but does not exceed $26 000,

(e) 80% if the adjusted net income exceeds $26 000 but does not exceed $28 000, or

(f) 100% if the adjusted net income exceeds $28 000.

 Section 11 (5) BEFORE amended by BC Reg 304/2012, effective January 1, 2013.

(5)  Subject to section 9, the percentage of premium payable by an eligible person is

(a) nil if the adjusted net income does not exceed $22 000,

(b) 20% if the adjusted net income exceeds $22 000 but does not exceed $24 000,

(c) 40% if the adjusted net income exceeds $24 000 but does not exceed $26 000,

(d) 60% if the adjusted net income exceeds $26 000 but does not exceed $28 000,

(e) 80% if the adjusted net income exceeds $28 000 but does not exceed $30 000, or

(f) 100% if the adjusted net income exceeds $30 000.

 Section 11 (4) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(4)  In this section, "family member" means the eligible person, or the eligible person's spouse or child, who has been enrolled under section 7 of the Medicare Protection Act.

 Section 11 (2) BEFORE amended by BC Reg 127/2013, effective April 1, 2013.

(2)  In this section, "adjusted net income" means the net income of an eligible person in the immediately preceding taxation year as shown on his or her income tax return or notice of assessment and, if an eligible person has a spouse resident in British Columbia or elsewhere, means the combined net income of the eligible person and his or her spouse in the immediately preceding taxation year, adjusted by the following deductions:

 Section 11 BEFORE re-enacted by BC Reg 53/2014, effective April 14, 2014.

Premium assistance

11   (1) For this section and sections 13 and 14, "eligible person" means a beneficiary who satisfies the commission that he or she

(a) has, for the 12 consecutive months immediately prior to the date from which premium assistance is given, made his or her home in Canada and been a citizen of Canada or lawfully admitted to Canada for permanent residence,

(b) is not a child of a beneficiary,

(c) is not exempt from liability to pay income tax by reason of any other Act, and

(d) is not a person

(i) for whom medical, surgical or obstetrical care or diagnostic services are provided under an agreement or arrangement that the care or services are paid for by the government of British Columbia other than under the Hospital Insurance Act, or

(ii) for whose health and welfare care the government of Canada is responsible.

(2) In this section, "adjusted net income" means the net income of an eligible person in the immediately preceding taxation year as shown on his or her notice of assessment or notice of reassessment and, if an eligible person has a spouse resident in British Columbia or elsewhere, means the combined net income of the eligible person and his or her spouse in the immediately preceding taxation year, adjusted by the following deductions:

(a) $3 000 for a dependent spouse;

(b) $3 000 for each of the eligible person and his or her spouse who has attained the age of 65 years on or before December 31 of the current taxation year;

(c) $3 000 for each dependent child minus one-half of the child care expense deduction the eligible person is entitled to claim under the Income Tax Act of Canada;

(d) $3 000 for each family member who had a disability within the meaning of the Income Tax Act of Canada during the immediately preceding taxation year;

(e) the amount the eligible person or their spouse received under section 4 of the Universal Child Care Benefit Act (Canada) in the immediately preceding taxation year;

(f) the amounts in respect of a registered disability savings plan the eligible person or their spouse was required, by section 146.4 of the Income Tax Act (Canada), to include in computing income for the immediately preceding taxation year.

(3) For the purposes of subsection (2), the net income of an eligible person who is a minor and supported by parents who are not beneficiaries is the sum of the net incomes of the eligible person and the parents of the eligible person.

(4) In this section, "family member" means the eligible person, or the eligible person's spouse or child, who has been enrolled under section 7 of the Act.

(5) Subject to section 9, the monthly premium rates for an eligible person are as follows:

(a) if the adjusted net income does not exceed $22 000, nil;

(b) if the adjusted net income exceeds $22 000 but does not exceed $24 000,

(i) $12.80 a month for a single eligible person,

(ii) $23.20 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $25.60 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(c) if the adjusted net income exceeds $24 000 but does not exceed $26 000,

(i) $25.60 a month for a single eligible person,

(ii) $46.40 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $51.20 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(d) if the adjusted net income exceeds $26 000 but does not exceed $28 000,

(i) $38.40 a month for a single eligible person,

(ii) $69.60 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $76.80 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(e) if the adjusted net income exceeds $28 000 but does not exceed $30 000,

(i) $51.20 a month for a single eligible person,

(ii) $92.80 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $102.40 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(f) if the adjusted net income exceeds $30 000, the rates applicable to beneficiaries under section 8 (1), as if the eligible person is a beneficiary.

(6) If an eligible person is a minor, a reference to a child in subsection (5) includes a minor sibling of the eligible person.

[am. B.C. Regs. 218/98; 79/2002, s. 2; 111/2005, s. 6; 112/2005; 214/2007; 284/2009, ss. (d) to (j); 223/2012, App. s. 2; 304/2012, s. 2; 127/2013, Sch. s. 1.]

 Section 11 (3) and (4) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(3) Subject to section 9, the monthly premium rates for an eligible person are as follows:

(a) if the adjusted net income does not exceed $22 000, nil;

(b) if the adjusted net income exceeds $22 000 but does not exceed $24 000,

(i) $12.80 a month for a single eligible person,

(ii) $23.20 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $25.60 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(c) if the adjusted net income exceeds $24 000 but does not exceed $26 000,

(i) $25.60 a month for a single eligible person,

(ii) $46.40 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $51.20 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(d) if the adjusted net income exceeds $26 000 but does not exceed $28 000,

(i) $38.40 a month for a single eligible person,

(ii) $69.60 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $76.80 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(e) if the adjusted net income exceeds $28 000 but does not exceed $30 000,

(i) $51.20 a month for a single eligible person,

(ii) $92.80 a month for an eligible person and his or her spouse, or an eligible person and one child, and

(iii) $102.40 a month for an eligible person, his or her spouse and one or more children, or an eligible person and 2 or more children;

(f) if the adjusted net income exceeds $30 000, the rates applicable to beneficiaries under section 8 (1), as if the eligible person is a beneficiary.

(4) If an eligible person is a minor, a reference to a child in subsection (3) includes a minor sibling of the eligible person.

 Section 11 (5) BEFORE repealed by BC Reg 223/2016, effective January 1, 2017.

(5) A reference to a child in subsection (3) does not include a child who is not a resident.

 Section 11 (3) (part) BEFORE amended by BC Reg 208/2017, effective January 1, 2018.

(3) If the adjusted net income of an eligible person does not exceed $24 000,

 Section 11 (4) (table) BEFORE amended by BC Reg 208/2017, effective January 1, 2018.

ItemColumn 1
Eligible person's
adjusted net income
range
Column 2
Premium rate
for eligible person
(per month)
Column 3
Combined premium
rate for eligible
person and qualifying
spouse (per month)
1more than $24 000
but not more than $26 000
$11.00$22.00
2more than $26 000
but not more than $28 000
$23.00$46.00
3more than $28 000
but not more than $30 000
$35.00$70.00
4more than $30 000
but not more than $34 000
$46.00$92.00
5more than $34 000
but not more than $38 000
$56.00$112.00
6more than $38 000
but not more than $42 000
$65.00$130.00

 Section 11 (1) (part) and (3) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(1) An applicant for premium assistance must

(3) If the adjusted net income of an eligible person does not exceed $26 000,

(a) no premiums are payable by the eligible person, and

(b) if the eligible person has a qualifying spouse, no premiums are payable by the qualifying spouse.

 Section 11 (4) BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

(4) In respect of an eligible person who has an adjusted net income within a range set out in column 1 of the following table,

(a) if the eligible person does not have a qualifying spouse, the premium rate for the eligible person is the rate set out in column 2 opposite the eligible person's adjusted net income range, and

(b) if the eligible person has a qualifying spouse, the combined premium rate for the eligible person and the qualifying spouse is the rate set out in column 3 opposite the eligible person's adjusted net income range:

ItemColumn 1
Eligible person's
adjusted net income
range
Column 2
Premium rate
for eligible person
(per month)
Column 3
Combined premium
rate for eligible
person and qualifying
spouse (per month)
1> $26 000 − ≤ $28 000$11.50$23.00
2> $28 000 − ≤ $30 000$17.50$35.00
3> $30 000 − ≤ $34 000$23.00$46.00
4> $34 000 − ≤ $38 000$28.00$56.00
5> $38 000 − ≤ $42 000$32.50$65.00

 Section 12 BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

Premium assistance for estranged spouse

12   Premium assistance for a beneficiary who is separated, divorced, widowed or has been otherwise abandoned by his or her spouse is determined, so long as that condition endures, on the basis of that beneficiary's adjusted net income, excluding the income of his or her spouse, despite the fact that, during the previous taxation year, that beneficiary's spouse was in receipt of an income.

 Section 12 BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

Premium assistance for estranged spouse

12   Premium assistance for an eligible person who is separated, divorced, widowed or has been otherwise abandoned by his or her spouse is determined, so long as that condition endures, on the basis of that eligible person's adjusted net income, excluding the income of his or her spouse, despite the fact that, during the previous taxation year, that eligible person's spouse was in receipt of an income.

[am. B.C. Reg. 223/2016, s. 9.]

 Section 12.1 was enacted by BC Reg 53/2014, effective April 14, 2014.

 Section 12.1 (2) and (3) BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

(2) Subject to subsection (3), premium assistance for a beneficiary whose spouse is in care is determined, so long as that condition endures, on the basis of that beneficiary's adjusted net income, excluding the income of his or her spouse, despite the fact that, during the previous taxation year, that beneficiary's spouse was in receipt of an income.

(3) Subsection (2) does not apply to a beneficiary whose spouse is in care if

(a) the premiums of the beneficiary or the spouse are being paid by a person other than the beneficiary or the spouse,

(b) there are no fees for the care or the fees for the care are being paid by a person other than the beneficiary or the spouse, or

(c) the sum of the net income of the beneficiary and the net income of the spouse is greater than $42 000.

 Section 12.1 (2) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(2) Subject to subsection (3), premium assistance for an eligible person whose spouse is in care is determined, so long as that condition endures, on the basis of that eligible person's adjusted net income, excluding the income of his or her spouse, despite the fact that, during the previous taxation year, that eligible person's spouse was in receipt of an income.

 Section 12.1 (3) (a) BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

(a) the premiums of the eligible person or the spouse are being paid by a person other than the eligible person or the spouse,

 Section 13 BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

Temporary premium assistance

13   (1) The commission may provide premium assistance to an eligible person, for a period approved by the commission, if the eligible person satisfies the commission that he or she is not able to pay the premium because of financial hardship and could not reasonably have budgeted for the premium.

(2) The commission may waive payment of the applicable premium for the approved period if undue hardship would otherwise result to the eligible person.

 Section 13 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

Temporary premium assistance

13   (1) The commission may provide premium assistance to an eligible person or the qualifying spouse of the eligible person, or both, for a period approved by the commission, if the eligible person satisfies the commission that the eligible person or qualifying spouse is not able to pay the premium because of financial hardship and could not reasonably have budgeted for the premium.

(2) The commission may waive payment of the applicable premium for the approved period if undue hardship would otherwise result to the eligible person or qualifying spouse.

[am. B.C. Reg. 223/2016, s. 11.]

 Section 14 (part) BEFORE amended by BC Reg 127/2013, effective April 1, 2013.

14  On application, the commission may retroactively extend premium assistance to an eligible person for

 Section 14 BEFORE amended by BC Reg 223/2016, effective January 1, 2017.

Retroactive premium assistance

14   On application, the commission may retroactively extend premium assistance, other than temporary premium assistance provided under section 13, to an eligible person for

(a) the calendar year immediately preceding the year in which the application is made if eligibility for the calendar year is established, or

(b) any other period as the commission determines necessary to avoid undue financial hardship to the person.

[en. B.C. Reg. 9/2007; am. B.C. Reg. 127/2013, Sch. s. 2.]

 Section 14 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

Retroactive premium assistance

14   On application, the commission may retroactively extend premium assistance, other than temporary premium assistance provided under section 13, to an eligible person or the qualifying spouse of the eligible person, or both, for

(a) the calendar year immediately preceding the year in which the application is made if eligibility for the calendar year is established, or

(b) any other period as the commission determines necessary to avoid undue financial hardship to the eligible person or qualifying spouse.

[en. B.C. Reg. 9/2007; am. B.C. Regs. 127/2013, Sch. s. 2; 223/2016, s. 12.]

 Section 15 BEFORE repealed by BC Reg 223/2012, effective February 10, 2013.

 Replacement or duplicate CareCard

15  (1)  In this section, "CareCard" means the identity card that

(a) is issued by the commission to a person on enrollment with the plan, and

(b) contains the person's personal health number,

and includes a Gold CareCard.

(2)  A person must pay an application fee of $20 for a new CareCard if the card

(a) replaces a lost or stolen card,

(b) replaces a damaged card that was issued less than 5 years before the date of application,

(c) is a duplicate card, or

(d) makes a change to the personal data on the card which the person has requested but which is not necessary to properly identify the person.

(3)  Subsection (2) (a), (b) and (c) does not apply to a person making a first application for a new CareCard if the person is receiving

(a) income assistance under the Employment and Assistance Act or disability assistance under the Employment and Assistance for Persons with Disabilities Act, or

(b) premium assistance under the Medicare Protection Act.

(4)  Despite subsection (2), if an application is made for new CareCards for

(a) 2 persons in the same family at the same time, the fee is $34, and

(b) 3 or more persons in the same family at the same time, the fee is $50.

[am. B.C. Regs. 222/2002; 111/2005, s. 7.]

 Section 15.1 was enacted by BC Reg 223/2012, effective February 10, 2013.

 Section 15.1 BEFORE repealed by BC Reg 180/2019, effective January 1, 2020.

Unpaid fees are debt due

15.1   An application fee for a new CareCard that a person is required to pay under section 15 that is still unpaid on the date that section is repealed may be recovered by the commission as a debt owing to the commission.

[en. B.C. Reg. 223/2012, App. s. 6.]

 Section 17 BEFORE re-enacted by BC Reg 351/2010, effective December 6, 2010.

 Definition of health care practitioner

17  The following health care professions and occupations are prescribed for the purposes of paragraph (f) of the definition of "health care practitioner" in section 1 of the Medicare Protection Act:

(a) physical therapy;

(b) massage therapy;

(c) naturopathic medicine;

(d) midwifery;

(e) acupuncture.

[am. B.C. Regs. 442/99, s. 3; 378/2007, s. (a); 52/2008 s. (a).]

 Section 17 (part) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

17  The following health care professions and occupations are prescribed for the purposes of paragraph (b) of the definition of "health care practitioner" in section 1 of the Medicare Protection Act:

 Section 19 (2) BEFORE amended by BC Reg 75/2015, effective May 15, 2015.

(2) The following are services for the purpose of subsection (1) (a) or (b):

(a) an oral surgical procedure rendered to a beneficiary who

(i) has been properly admitted to a hospital, or

(ii) is a patient under the Day Care Services Program

and for whom hospitalization is medically required for the safe and proper performance of the surgery;

(b) a medically required service rendered in association with, and followed by, an oral surgical procedure meeting the requirements of paragraph (a);

(c) a medically required service rendered by a specialist in oral medicine to a beneficiary with a severe systemic disease;

(d) orthodontic service if

(i) the beneficiary is 20 years of age or younger,

(ii) the service arises as part of or following plastic surgical repair performed by a medical practitioner in the treatment of severe congenital facial abnormalities, and

(iii) the service is a dental technical procedure provided by an oral and maxillofacial surgeon or orthodontist and provided in conjunction with a hospital-based surgical correction of malocclusion of patients registered with the Orthodontic Program for Cleft Lip/Palate and Severe Congenital Cranial-Facial Abnormalities.

(e) Repealed. [B.C. Reg. 111/2005, s. 8 (a).]

 Section 19.1 was enacted by BC Reg 211/2020, effective August 10, 2020.

 Section 22 (2) BEFORE amended by BC Reg 351/2010, effective December 6, 2010.

(2)  A registered nurse performing the services described in subsection (1) is a health care practitioner for the purposes of paragraph (f) of the definition of "health care practitioner" in the Medicare Protection Act.

 Section 22 (2) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(2)  A registered nurse performing the services described in subsection (1) is a health care practitioner for the purposes of paragraph (b) of the definition of "health care practitioner" in the Medicare Protection Act.

 Section 22 (1) (b) BEFORE repealed by BC Reg 177/2019, effective July 19, 2019.

(b) a medical practitioner is not normally available at the place in British Columbia where these services are rendered, and

 Section 25.1 (1) (b) (i) and (ii) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

(i) is receiving premium assistance under section 10, 11, 12 or 13, or

(ii) pays no premiums as a result of section 13,

 Section 25.1 (1) (b) BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

(b) rendered in British Columbia to a beneficiary who

(i) is receiving premium assistance under section 11 or 13, or

(ii) pays no premiums as a result of section 10,

 Section 27 (g) BEFORE repealed by BC Reg 127/2013, effective April 1, 2013.

(g) the Royal Canadian Mounted Police Act (Canada),

 Section 27 BEFORE amended by BC Reg 154/2015, effective July 28, 2015.

Excluded benefits

27   Benefits under the plan do not include services rendered by a health care practitioner that a person is eligible for and entitled to under

(a) the Aeronautics Act (Canada),

(b) the Civilian War Pensions and Allowances Act (Canada),

(c) the Government Employees Compensation Act (Canada),

(d) the Merchant Seaman Compensation Act (Canada),

(e) the National Defence Act (Canada),

(f) the Pension Act (Canada),

(g) Repealed. [B.C. Reg. 127/2013, Sch. s. 3.]

(h) the Royal Canadian Mounted Police Pension Continuation Act (Canada),

(i) the Royal Canadian Mounted Police Superannuation Act (Canada),

(j) the Veterans Rehabilitation Act (Canada),

(k) the Penitentiary Act (Canada),

(l) the Workers Compensation Act,

(m) the Hospital Insurance Act, or

(n) the Insurance (Vehicle) Act.

[am. B.C. Regs. 158/2007, s. 2; 127/2013, Sch. s. 3.]

 Section 27 (b) and (j) BEFORE amended by BC Reg 51/2015, effective October 1, 2015.

(b) the Civilian War Pensions and Allowances Act (Canada),

(j) the Veterans Rehabilitation Act (Canada),

 Section 27 (j.1) was added by BC Reg 51/2015, effective October 1, 2015.

 Section 29 (1) (e) BEFORE amended by BC Reg 374/2012, effective March 18, 2013.

(e) a mother-in-law or a father-in-law,

 Section 29 (2) (a) (i) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

 Part 4.1 and sections 29.1 and 29.2 were enacted by BC Reg 223/2012, effective February 10, 2013.

B.C. Reg. 223/2012 was amended by B.C. Reg. 342/2012 effective November 23, 2012.

 Part 4.1 heading BEFORE re-enacted by BC Reg 223/2016, effective January 1, 2017.

Part 4.1 — Verifying Enrollment and Reporting

 Section 29.1 (2) (a) (i) BEFORE amended by BC Reg 208/2017, effective November 14, 2017.

(i) the person's services card or, before February 10, 2018, the person's CareCard,

 Section 30 and 30 (a) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

30  For the purposes of section 18 of the Medicare Protection Act, a practitioner or other person on a practitioner's behalf may charge a beneficiary for

(a) the services of diagnostic facilities and practitioners which have not been determined under section 5 (1) (j) of the Medicare Protection Act to be benefits,

 Section 31 (part) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

31  A practitioner, other than a practitioner who has made an election under section 14 of the Medicare Protection Act or who is subject to an order under section 15 (2) (b) of the Medicare Protection Act, must submit a claim by an electronic data processing system, or other system, approved by the commission and

 Section 33 BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

 Submission, payment and reassessment of claim

33  For the purposes of section 27 (3) (a) and (b) of the Medicare Protection Act, the prescribed period is 90 days.

[en. B.C. Reg. 111/2005, s. 12.]

 Section 35 (1) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(1)  In this section, "medical practitioner" has the same meaning as in section 29 of the Medicare Protection Act.

 Section 35 (2) (c) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.

(c) with the prior approval of the BCBedline program operated by the Emergency and Health Services Commission if the services are emergency services and the required medical care is not available in Canada.

 Section 35 (2) (a) and (c) BEFORE amended by BC Reg 229/2017, effective December 12, 2017.

(a) without the commission's prior approval if the beneficiary resides in British Columbia and the nearest convenient location for the service is outside British Columbia but within Canada;

(c) with the prior approval of the BCBedline program operated by British Columbia Emergency Health Services if the services are emergency services and the required medical care is not available in Canada.

 Section 36 (1) (b) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(b) to a beneficiary who submits a substantiated claim as required by the commission in respect of a benefit as provided in section 10 (2) or 29 (4) of the Medicare Protection Act.

 Section 38 (1) (part) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(1)  In paragraph (a) of the definition of "diagnostic facility" in section 1 of the Medicare Protection Act"prescribed diagnostic services, studies or procedures" means the services, studies or procedures of

 Section 38 (4) (c) (v) BEFORE amended by BC Reg 374/2012, effective March 18, 2013.

(v)  a mother-in-law or a father-in-law,

 Section 38 (1) (a) BEFORE repealed by BC Reg 51/2015, effective October 1, 2015.

(a) laboratory medicine,

 Section 38 (2) definition of "specimen collection station" BEFORE repealed by BC Reg 51/2015, effective October 1, 2015.

"specimen collection station" means a facility for collection of laboratory specimens.

 Section 39 (1) (b) BEFORE amended by BC Reg 51/2015, effective October 1, 2015.

(b) a map showing the locations of the proposed diagnostic facility and all other diagnostic facilities of the same category, both public and private, located within the catchment area of the proposed facility, including specimen collection stations if applicable, and designating distances to these facilities, both in kilometres and in usual driving times,

 Section 43 (1) and (1) (a) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(1)  In addition to other conditions which may be specified by the commission under section 33 (1) (c) of the Medicare Protection Act, every approval granted after this Part comes into force is subject to the following conditions:

(a) the diagnostic facility must not submit a claim for any service under the payment number of a medical practitioner who has not rendered or supervised that service in accordance with paragraph (c) of the definition of "benefits" in the Medicare Protection Act;

 Section 45 (2) was added by BC Reg 58/2010, effective March 4, 2010.

 Section 45 BEFORE amended by BC Reg 168/2011, effective September 23, 2011.

 Availability of services

45  (1)  For the purpose of paragraph (c) of the definition of "benefits" in the Medicare Protection Act, the following categories of persons are permitted to request those types of diagnostic services as specified, unless precluded by protocols approved by the commission:

(a)medical practitioners:all laboratory medicine, diagnostic radiology and imaging;
(a.1)nurse practitioners:laboratory medicine, diagnostic radiology and imaging services which are associated with the scope of practice of a nurse practitioner;
(b)dentists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the oral cavity and functional components of mastication;
(c)podiatrists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the feet;
(d)midwives:laboratory and radiology services related to the routine prenatal and post natal delivery and care of a newborn which are associated with the scope of practice of a midwife.

(2)  For the purpose of paragraph (c) of the definition of "benefits" in the Medicare Protection Act, persons who, at the time the diagnostic service was ordered, are entitled, in a jurisdiction of Canada outside British Columbia, to practise in a capacity equivalent to a medical practitioner are permitted to request the following diagnostic services, unless precluded by protocols approved by the commission:

(a) all laboratory medicine;

(b) all diagnostic radiology and imaging.

[am. B.C. Regs. 232/2005, App. s. 9; 58/2010.]

 Section 45 (2) (a) to (e) BEFORE amended by BC Reg 29/2013, effective January 30, 2013.

(a) medical practitioners:all laboratory medicine, diagnostic radiology and imaging;
(a.1)nurse practitioners:laboratory medicine, diagnostic radiology and imaging services which are associated with the scope of practice of a nurse practitioner;
(b)dentists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the oral cavity and functional components of mastication;
(c)podiatrists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the feet;
(d)midwives:laboratory and radiology services related to the routine prenatal and post natal delivery and care of a newborn which are associated with the scope of practice of a midwife.
(e)registered nurses (certified):laboratory medicine services which are associated with the scope of practice of a registered nurse (certified), if requested without an order having been made by a person in another category prescribed under this subsection.

 Section 45 (2) and (3) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

(2)  For the purpose of paragraph (c) of the definition of "benefits" in the Medicare Protection Act, the following categories of persons are permitted to request those types of diagnostic services as specified, unless precluded by protocols approved by the commission:

(3)  For the purpose of paragraph (c) of the definition of "benefits" in the Medicare Protection Act, persons who, at the time the diagnostic service was ordered, are entitled, in a jurisdiction of Canada outside British Columbia, to practise in a capacity equivalent to a medical practitioner are permitted to request the following diagnostic services, unless precluded by protocols approved by the commission:

(a) all laboratory medicine;

(b) all diagnostic radiology and imaging.

 Section 45 (1) BEFORE repealed by BC Reg 51/2015, effective October 1, 2015.

(1) In this section, "registered nurse (certified)" means a registered nurse certified in accordance with section 8 (3) of the Nurses (Registered) and Nurse Practitioners Regulation.

 Section 45 (2) (e) BEFORE repealed by BC Reg 51/2015, effective October 1, 2015.

(e)enrolled registered nurses (certified):laboratory medicine services which are associated with the scope of practice of a registered nurse (certified), if requested without an order having been made by a person in another category prescribed under this subsection.

 Section 45 (3) (a) BEFORE repealed by BC Reg 51/2015, effective October 1, 2015.

(a) all laboratory medicine;

 Section 45 (2) (a), (a.1), (b), (c) and (d) BEFORE amended by BC Reg 51/2015, effective October 1, 2015.

(a) enrolled medical practitioners:all laboratory medicine, diagnostic radiology and imaging;
(a.1)enrolled nurse practitioners:laboratory medicine, diagnostic radiology and imaging services which are associated with the scope of practice of a nurse practitioner;
(b)enrolled dentists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the oral cavity and functional components of mastication;
(c)enrolled podiatrists:laboratory medicine and diagnostic radiology services which are associated with the remedying of disorders of the feet;
(d)enrolled midwives:laboratory and radiology services related to the routine prenatal and post natal delivery and care of a newborn which are associated with the scope of practice of a midwife;

 Section 45 BEFORE re-enacted by BC Reg 225/2016, effective September 20, 2016.

Availability of services

45   (1) Repealed. [B.C. Reg. 51/2015, Sch. 2, s. 5(a).]

(2) For the purpose of paragraph (c) of the definition of "benefits" in the Act, the following categories of persons are permitted to request those types of diagnostic services as specified, unless precluded by protocols approved by the commission:

(a) enrolled medical practitioners:all diagnostic radiology and imaging;
(a.1)enrolled nurse practitioners:diagnostic radiology and imaging services which are associated with the scope of practice of a nurse practitioner;
(b)enrolled dentists:diagnostic radiology services which are associated with the remedying of disorders of the oral cavity and functional components of mastication;
(c)enrolled podiatrists:diagnostic radiology services which are associated with the remedying of disorders of the feet;
(d)enrolled midwives:radiology services related to the routine prenatal and post natal delivery and care of a newborn which are associated with the scope of practice of a midwife.
(e)Repealed. [B.C. Reg. 51/2015, Sch. 2, s. 5 (a).]

(3) For the purpose of paragraph (c) of the definition of "benefits" in the Act, persons who, at the time the diagnostic service was ordered, are entitled, in a jurisdiction of Canada outside British Columbia, to practise in a capacity equivalent to a medical practitioner are permitted to request the following diagnostic services, unless precluded by protocols approved by the commission:

(a) Repealed. [B.C. Reg. 51/2015, Sch. 2, s. 5 (a).]

(b) all diagnostic radiology and imaging.

[am. B.C. Regs. 232/2005, App. s. 9; 58/2010; 168/2011; 223/2012, App. s. 2; 29/2013, s. 1; 51/2015, Sch. 2, s. 5.]

 Section 46 and 46 (a) BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

46  For the purposes of section 5 (1) (r) of the Medicare Protection Act, the following may be provided information concerning claims submitted by a practitioner to the commission:

(a) an appropriate disciplinary body or appropriate licensing body under the Medicare Protection Act;

 Section 46 (b) BEFORE amended by BC Reg 238/2013, effective November 28, 2013.

(b) the Health Care Practitioners Special Committee for Audit;

 Section 47 BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

 Prescribed forms

47  The forms in the Schedule are prescribed for the purpose of section 8.2 of the Medicare Protection Act.

 Section 47 BEFORE re-enacted by BC Reg 208/2017, effective November 14, 2017.

Prescribed forms

47   The forms in the Schedule are prescribed for the purpose of section 8.2 of the Act.

[am. B.C. Reg. 223/2012, App. s. 2.]

 Section 47 (2) BEFORE repealed by BC Reg 72/2018, effective April 13, 2018.

(2) The forms in Schedules B to E are prescribed for the purpose of section 7 (5) of the Act and sections 7.1 and 7.4 of this regulation.

 Section 48 BEFORE amended by BC Reg 223/2012, effective February 10, 2013.

48  The prescribed surcharge for the purposes of section 37 (1.1) of the Medicare Protection Act is 5% of the amount ordered under section 37 (1) (d) of that Act.

 Schedule was renamed "Schedule A" by BC Reg 223/2012, effective February 10, 2013.

 Schedule A, two lines under the heading "Certificate" and one line under the heading "Notice of Filing" BEFORE amended by BC Reg 180/2019, effective January 1, 2020.

CERTIFICATE

Pursuant to section 8.2 of the Medicare Protection Act, IT IS HEREBY CERTIFIED that

(a) ......................................... is in default of payment of premiums including any interest on premiums, payable under the Medicare Protection Act;

NOTICE OF FILING

TAKE NOTICE THAT a certificate under the Medicare Protection Act will be filed in the Supreme Court of British Columbia/Provincial Court of British Columbia, ................................ Registry, in 30 days. A copy of the certificate is attached.

 Schedule B was enacted by BC Reg 223/2012, effective February 10, 2013.

 Schedule B BEFORE re-enacted by BC Reg 143/2014, effective July 14, 2014.

Schedule B

[en. B.C. Reg. 223/2012, App. s. 8.]

 Schedule B BEFORE re-enacted by BC Reg 180/2017, effective September 30, 2017.

Schedule B

[en. B.C. Reg. 143/2014, s. 4.]

 Schedule B BEFORE repealed by BC Reg 72/2018, effective April 13, 2018.

Schedule B

[en. B.C. Reg. 180/2017.]

 Schedule C was enacted by BC Reg 223/2012, effective February 10, 2013.

 Schedule C BEFORE re-enacted by BC Reg 143/2014, effective July 14, 2014.

Schedule C

[en. B.C. Reg. 223/2012, App. s. 8.]

 Schedule C BEFORE repealed by BC Reg 72/2018, effective April 13, 2018.

Schedule C

[en. B.C. Reg. 143/2014, s. 4.]

 Schedule D was enacted by BC Reg 223/2012, effective February 10, 2013.

 Schedule D BEFORE re-enacted by BC Reg 143/2014, effective July 14, 2014.

Schedule D

[en. B.C. Reg. 223/2012, App. s. 8.]

 Schedule D, section 1 was enacted by BC Reg 60/2017, effective March 1, 2017.

 Schedule D BEFORE repealed by BC Reg 72/2018, effective April 13, 2018.

Schedule D

[en. B.C. Reg. 143/2014, s. 4; am. B.C. Reg. 60/2017.]

Application for enrolment form

1   For the purposes of sections 7.1 (2) (b) (i) (C) and 7.4 (2) (c) (i) (C), an applicant may submit the form in this Schedule or the online version of the form available on an internet site maintained by the ministry or on behalf of the ministry.

 Schedule E was enacted by BC Reg 223/2012, effective February 10, 2013.

 Schedule E BEFORE re-enacted by BC Reg 143/2014, effective July 14, 2014.

Schedule E

[en. B.C. Reg. 223/2012, App. s. 8.]

 Schedule E BEFORE repealed by BC Reg 72/2018, effective April 13, 2018.

Schedule E

[en. B.C. Reg. 143/2014, s. 4.]