A-29 - Health Insurance Act

Section 18 Disposition versions

2016-12-07

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished or to be furnished in respect of injury caused by the fault of such third person. The person must furnish to the Board any information required to establish the liability of the third person or the claim of the Board. Any claim by the Board must be notified to the third person by way of a notice stating the amount of the debt and the reasons for which the debt is due.

(1.1)  A health professional or dispenser shall, on a request by the Board specifying the nature of the information or documents sought, communicate to the Board any information or document contained in the insured person’s record that is necessary to exercise a right of recovery under subsection 1. The health professional or dispenser shall inform 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.

(1.2)  If a judicial application is instituted to obtain compensation for the injury caused by the third person’s fault, the insured person or insured person’s successors shall notify it to the Board within five days after it is instituted.

(1.3)  The Board may intervene in any judicial application brought against the third person to obtain compensation for the injury caused to the insured person. If it wishes to intervene, it shall send a notice to that effect to each of the parties and to the court; it is then considered to be a party to the proceeding.

(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.

(2.1)  An insurer of a third person’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.

(3)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability is without effect and is deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the domain of the State from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed three years from the date on which the Board became aware of the facts giving rise thereto.

(6)  For the purposes of this section, “insurer of a third person’s liability” also means a person or group of persons that provides coverage which may otherwise be obtained under a liability insurance contract.

1970, c. 37, s. 14; 1974, c. 40, s. 7; 1989, c. 50, s. 22; 1999, c. 40, s. 29; 1999, c. 89, s. 22; 2006, c. 43, s. 43; 2016, c. 28, s. 7.

2008-01-01

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished or to be furnished in respect of injury caused by the fault of such third person. The person must furnish to the Board any information required to establish the liability of the third person or the claim of the Board.

(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.

(2.1)  An insurer of a third person’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for damages in compensation for any injury susceptible of entailing the payment of insured services.

(3)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability is without effect and is deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the domain of the State from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed three years from the date on which the Board became aware of the facts giving rise thereto.

1970, c. 37, s. 14; 1974, c. 40, s. 7; 1989, c. 50, s. 22; 1999, c. 40, s. 29; 1999, c. 89, s. 22; 2006, c. 43, s. 43.

2000-03-01

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished or to be furnished in respect of injury or illness caused by the fault of such third person. The person must furnish to the Board any information required to establish the liability of the third person or the claim of the Board.

(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.

(2.1)  An insurer of a third person’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for damages in compensation for any injury susceptible of entailing the payment of insured services.

(3)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability is without effect and is deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the domain of the State from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed three years from the date on which the Board became aware of the facts giving rise thereto.

1970, c. 37, s. 14; 1974, c. 40, s. 7; 1989, c. 50, s. 22; 1999, c. 40, s. 29; 1999, c. 89, s. 22.

1999-10-22

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished or to be furnished in respect of injury or illness caused by the fault of such third person.

(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.

(2.1)  An insurer of a third person’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for damages in compensation for any injury susceptible of entailing the payment of insured services.

(3)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability is without effect and is deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the domain of the State from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed by three years.

1970, c. 37, s. 14; 1974, c. 40, s. 7; 1989, c. 50, s. 22; 1999, c. 40, s. 29.

1989-06-22

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished or to be furnished in respect of injury or illness caused by the fault of such third person.

(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.

(2.1)  An insurer of a third person’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.

(3)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the public domain of Québec from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed by three years.

1970, c. 37, s. 14; 1974, c. 40, s. 7; 1989, c. 50, s. 22.

1977-12-31

18. (1)  The Board shall be ipso facto subrogated in the right of recovery of any person who benefits from insured services, against any third person to the extent of the insured services furnished in respect of injury or illness caused by the fault of such third person.

(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)  An insurer of a third person’s liability shall not discharge his obligation to indemnify the latter of his liability to the Board under this section, otherwise than by payment to the Board.

(4)  An undertaking by a person benefiting from insured services to discharge a third person’s or an insurer’s liability to the Board under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.

(5)  The rights acquired by the effect of the subrogation contemplated in this section shall form part of the public domain of Québec from and after the time when such rights arise, and shall be subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed by three years.

1970, c. 37, s. 14; 1974, c. 40, s. 7.