A-29, r. 5 - Regulation respecting the application of the Health Insurance Act

Section 34.4 Disposition versions

2024-03-06

34.4. Assisted procreation services required for artificial insemination and IVF purposes are considered insured services for the person alone or spouses party to the assisted procreation project if

(a)  the person alone or spouses are insured persons;

(b)  the person alone or either spouse has never before formed an assisted procreation project as part of which insured services referred to in sections 34.7 and 34.8 were provided;

(c)  in the case of spouses, either is in one of the following situations:

i.  infertile;

ii.  unable to reproduce;

iii.  at high risk of conceiving a child with a monogenic hereditary disease or an inherited chromosomal disorder resulting in a serious, severely debilitating or fatal disease or abnormality for which there is no treatment available to neutralize its serious, disabling or fatal nature;

(d)  the person alone or either spouse has not undergone voluntary surgical sterilization or had reanastomosis of the uterine tubes or the vas deferens, as the case may be, within the meaning of paragraphs b and c of section 34.2.

For the purposes of subparagraph a of the first paragraph, a person with respect to whom the cost of the insured health services they receive or may receive is assumed otherwise than under the Health Insurance Act (chapter A-29) due to the fact that they are resident in Québec and in active service in the Canadian Armed Forces is considered an insured person.

The person alone or spouses party to the assisted procreation project must declare, using the form provided by the Board, that they meet the conditions prescribed in subparagraphs a to d of the first paragraph and that the information provided in the form is accurate and complete.

O.C. 645-2010, s. 2; S.Q. 2015, c. 25, s. 20; S.Q. 2021, c. 2, s. 32; O.C. 245-2024, s. 2.

2021-11-15

34.4. Assisted procreation services required for artificial insemination and IVF purposes are considered insured services for the person alone or spouses party to the assisted procreation project if

(a)  the person alone or spouses are insured persons;

(b)  the person alone or either spouse has never before formed an assisted procreation project as part of which insured services referred to in sections 34.7 and 34.8 were provided;

(c)  in the case of spouses, either is infertile or unable to reproduce; and

(d)  the person alone or either spouse has not undergone voluntary surgical sterilization or had reanastomosis of the uterine tubes or the vas deferens, as the case may be, within the meaning of paragraphs b and c of section 34.2.

Every person party to the assisted procreation project must declare, using the form provided by the Board, that he or she meets the conditions prescribed in subparagraphs a to d of the first paragraph and that the information provided in the form is accurate and complete.

O.C. 645-2010, s. 2; S.Q. 2015, c. 25, s. 20; S.Q. 2021, c. 2, s. 32.

2015-11-10

34.4. (Replaced).

O.C. 645-2010, s. 2; S.Q. 2015, c. 25, s. 20.

2012-09-01

34.4. The assisted procreation services listed below and rendered in a centre for assisted procreation that holds a licence issued in accordance with the Regulation respecting clinical activities related to assisted procreation (chapter A-5.01, r. 1), by a physician who practises at the centre must be considered as insured services for the purposes of subparagraph e of the first paragraph of section 3 of the Act, up to a live birth or after each live birth, for one of the following options determined by the physician, that is, 1 stimulated cycle IVF and 4 modified natural cycle or natural cycle IVFs, or 2 stimulated cycle IVFs and 2 modified natural cycle or natural cycle IVFs, or 3 stimulated cycle IVFs or 6 modified natural cycle or natural cycle IVFs:

(a)  the services required to retrieve sperm by medical intervention, including percutaneous epididymal sperm aspiration and surgical or micro-surgical testicular sperm extraction;

(b)  the services required to retrieve eggs or ovarian tissue;

(c)  the services required for in vitro fertilization, including assisted hatching services and sperm micro-injection (ICSI) services;

(d)  the services required for preimplantation genetic diagnosis, rendered in a university hospital center that holds the licence referred to in this section, to identify serious monogenic diseases or chromosomal abnormalities;

(e)  the services required to transfer 1 fresh embryo or, in accordance with the decision of the physician having considered the quality of the embryos, a maximum of 2 fresh embryos, in the case of a woman 36 years of age or under, and 3 fresh embryos including no more than 2 blastocysts, in the case of a woman 37 years of age or over.

The services referred to in the first paragraph are insured only to the extent that no quality frozen embryo is available for a transfer. However, after one live birth obtained following an IVF referred to in this section, transfers of frozen embryos, determined according to the conditions referred to in subparagraph b of the first paragraph of section 34.5, are considered as only one modified natural cycle or natural cycle IVF insured under this section, even if the transfers are done during separate tests.

O.C. 645-2010, s. 2.