11. No insurer may enter into or maintain an insurance contract that includes coverage for the cost of an insured service furnished to a resident.
No person may establish or maintain an employee benefit plan that includes coverage for the cost of an insured service furnished to a resident.
An insurance contract or employee benefit plan inconsistent with the first or the second paragraph, as the case may be, that also covers other goods and services remains valid as regards those other goods and services, and the consideration provided for the contract must be adjusted accordingly unless the beneficiary of the goods and services agrees to receive equivalent benefits in exchange.
Nothing in this section prevents an insurance contract or an employee benefit plan that covers the excess cost of insured services rendered outside Québec from being entered into or established.
“Insurer” means a legal person authorized by the Autorité des marchés financiers to carry on insurance of persons activities.
“Employee benefit plan” means a funded or unfunded uninsured employee benefit plan that provides coverage which may otherwise be obtained under a contract of insurance of persons.
An insurer or a person administering an employee benefit plan that contravenes the first or second paragraph is guilty of an offence and is liable to a fine of $50,000 to $100,000 and, for a subsequent offence, to a fine of $100,000 to $200,000.
R. S. 1964, c. 163, s. 10; 1971, c. 48, s. 161; 1992, c. 21, s. 98; 2006, c. 43, s. 41; 2018, c. 23, s. 7201.