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A-28 - Hospital Insurance Act

Section 10
Disposition versions

Full text
10. (1)  The State shall be subrogated in the right of recovery of any insured person against any third party to the extent of the cost of all insured services furnished or to be furnished in respect of injury caused by the fault of such third party. Any claim by the State must be notified by the Board to the third party by way of a notice stating the amount of the debt and the reasons for which the debt is due.
(2)  In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the insured person’s right of recovery.
(3)  The Minister shall have authority to compromise any claim of the State under this section and may delegate such authority.
(3.1)  An insurer of a third party’s liability shall notify the Board in writing as soon as the insurer is informed of an event involving physical or mental injury that entails or might entail the payment of insured services.
(4)  An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability to the State under this section otherwise than by payment to the State.
(5)  An undertaking by an insured person to discharge a third party’s or an insurer’s liability to the State under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
(6)  The rights acquired by the effect of a subrogation under this section belong to the domain of the State from the day they arise and are subject to the rules applicable to rights belonging to the domain of the State; however, any resulting right of action is prescribed three years after the date on which the State became aware of the fact giving rise to it.
(7)  An institution shall, on a request by the Board specifying the nature of the information or documents sought, communicate to the Minister any information or document contained in the insured person’s record that is necessary to exercise a right of recovery under subsection 1, provided the institution has informed the insured person of the nature of the information or documents to be communicated to the Board within a reasonable time before they are sent.
(8)  For the purposes of this section, “insurer of a third party’s liability” also means a person or group of persons that provides coverage which may otherwise be obtained under a liability insurance contract.
R. S. 1964, c. 163, s. 9; 1989, c. 50, s. 42; 1999, c. 40, s. 28; 2006, c. 43, s. 40; 2016, c. 28, s. 38.
10. (1)  The State shall be subrogated in the right of recovery of any insured person against any third party to the extent of the cost of all insured services furnished or to be furnished in respect of injury caused by the fault of such third party.
(2)  In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the insured person’s right of recovery.
(3)  The Minister shall have authority to compromise any claim of the State under this section and may delegate such authority.
(3.1)  An insurer of a third party’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for compensation susceptible of entailing the payment of insured services.
(4)  An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability to the State under this section otherwise than by payment to the State.
(5)  An undertaking by an insured person to discharge a third party’s or an insurer’s liability to the State under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
(6)  The rights acquired by the effect of a subrogation under this section belong to the domain of the State from the day they arise and are subject to the rules applicable to rights belonging to the domain of the State; however, any resulting right of action is prescribed three years after the date on which the State became aware of the fact giving rise to it.
R. S. 1964, c. 163, s. 9; 1989, c. 50, s. 42; 1999, c. 40, s. 28; 2006, c. 43, s. 40.
10. (1)  The State shall be subrogated in the right of recovery of any insured person against any third party to the extent of the cost of all insured services furnished or to be furnished in respect of personal injury caused by the fault of such third party.
(2)  In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the insured person’s right of recovery.
(3)  The Minister shall have authority to compromise any claim of the State under this section and may delegate such authority.
(3.1)  An insurer of a third party’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for compensation susceptible of entailing the payment of insured services.
(4)  An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability to the State under this section otherwise than by payment to the State.
(5)  An undertaking by an insured person to discharge a third party’s or an insurer’s liability to the State under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
(6)  The rights acquired by the effect of a subrogation under this section belong to the domain of the State from the day they arise and are subject to the rules applicable to rights belonging to the domain of the State; however, any right of action resulting therefrom is prescribed by three years.
R. S. 1964, c. 163, s. 9; 1989, c. 50, s. 42; 1999, c. 40, s. 28.
10. (1)  Her Majesty the Queen in the right of Québec shall be ipso facto subrogated in the right of recovery of any insured person against any third party to the extent of the cost of all insured services furnished or to be furnished in respect of personal injury caused by the fault of such third party.
(2)  In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the insured person’s right of recovery.
(3)  The Minister shall have authority to compromise any claim of Her Majesty under this section and may delegate such authority.
(3.1)  An insurer of a third party’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for any injury susceptible of entailing the payment of insured services.
(4)  An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability to Her Majesty under this section otherwise than by payment to Her Majesty.
(5)  An undertaking by an insured person to discharge a third party’s or an insurer’s liability to Her Majesty under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
(6)  The rights acquired by the effect of a subrogation under this section belong to the public domain of Québec from the day they arise and are subject to the rules applicable to rights belonging to the public domain of Québec; however, any right of action resulting therefrom is prescribed by three years.
R. S. 1964, c. 163, s. 9; 1989, c. 50, s. 42.
10. (1)  Her Majesty the Queen in the right of Québec shall be ipsofacto subrogated in the right of recovery of any insured person against any third party to the extent of the cost of all insured services furnished in respect of personal injury caused by the fault of such third party.
(2)  In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the insured person’s right of recovery.
(3)  The Minister shall have authority to compromise any claim of Her Majesty under this section and may delegate such authority.
(4)  An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability to Her Majesty under this section otherwise than by payment to Her Majesty.
(5)  An undertaking by an insured person to discharge a third party’s or an insurer’s liability to Her Majesty under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
R. S. 1964, c. 163, s. 9.
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