Ministère de l'Emploi et de la Solidarité sociale
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A-29 - Health Insurance Act

Section 22.2
Disposition versions

Full text
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 60 months were services furnished in non-conformity with the agreement or with the cases and conditions determined by a regulation made under section 453.2 of the Act respecting health services and social services (chapter S-4.2), as the case may be, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54 in accordance with the terms and conditions and time limits provided for in the agreement.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 10 years were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services that were non-insured services, services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
In addition, the Board may impose on the health professional a monetary administrative penalty equal to 10% of the payment the health professional has claimed or obtained for services referred to in the first paragraph or 15% of the payment the health professional has claimed or obtained for services referred to in the second paragraph. It may collect the amount of the penalty by compensation or otherwise.
Before rendering its decision, the Board shall give the health professional at least 30 days’ notice, stating the acts alleged against him and, if applicable, the monetary administrative penalty that may be imposed, and allowing him an opportunity to present observations. At the expiry of the time limit, the Board shall notify its decision to the health professional in writing, with reasons.
In the cases provided for in this section, the burden of proof that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the Superior Court or the Court of Québec according to their respective jurisdictions, must do so within 60 days of receiving such decision.
The amount of the payments that a health professional has obtained for services referred to in the first or second paragraph may be established by statistical inference on the sole basis of information obtained by a sampling of those services, according to a method consistent with generally accepted practices.
Notification of a notice of investigation to the health professional by the Board suspends the 60-month prescription provided for in the first paragraph or the 10-year prescription provided for in the second paragraph until the expiry of one year from the notification or until the investigation report is completed, whichever comes first.
For the purposes of this Act and within the scope of the basic prescription drug insurance plan, the second, fourth, fifth and sixth paragraphs, adapted as required, apply to an institution.
1979, c. 1, s. 16; 1981, c. 22, s. 8; 1996, c. 32, s. 96; 1999, c. 89, s. 28; 2016, c. 28, s. 13; 2022, c. 16, s. 13.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 60 months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54 in accordance with the terms and conditions and time limits provided for in the agreement.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 10 years were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services that were non-insured services, services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
In addition, the Board may impose on the health professional a monetary administrative penalty equal to 10% of the payment the health professional has claimed or obtained for services referred to in the first paragraph or 15% of the payment the health professional has claimed or obtained for services referred to in the second paragraph. It may collect the amount of the penalty by compensation or otherwise.
Before rendering its decision, the Board shall give the health professional at least 30 days’ notice, stating the acts alleged against him and, if applicable, the monetary administrative penalty that may be imposed, and allowing him an opportunity to present observations. At the expiry of the time limit, the Board shall notify its decision to the health professional in writing, with reasons.
In the cases provided for in this section, the burden of proof that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the Superior Court or the Court of Québec according to their respective jurisdictions, must do so within 60 days of receiving such decision.
The amount of the payments that a health professional has obtained for services referred to in the first or second paragraph may be established by statistical inference on the sole basis of information obtained by a sampling of those services, according to a method consistent with generally accepted practices.
Notification of a notice of investigation to the health professional by the Board suspends the 60-month prescription provided for in the first paragraph or the 10-year prescription provided for in the second paragraph until the expiry of one year from the notification or until the investigation report is completed, whichever comes first.
For the purposes of this Act and within the scope of the basic prescription drug insurance plan, the second, fourth, fifth and sixth paragraphs, adapted as required, apply to an institution.
1979, c. 1, s. 16; 1981, c. 22, s. 8; 1996, c. 32, s. 96; 1999, c. 89, s. 28; 2016, c. 28, s. 13.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 60 months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54 in accordance with the terms and conditions and time limits provided for in the agreement.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 10 years were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services that were non-insured services, services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
Where the Board decides to refuse payment for services or to make compensation, it must inform the professional in the field of health of the reasons for its decision.
Before rendering its decision, the Board shall give the health professional at least 30 days’ notice, stating the acts alleged against him and, if applicable, the monetary administrative penalty that may be imposed, and allowing him an opportunity to present observations. At the expiry of the time limit, the Board shall notify its decision to the health professional in writing, with reasons.
In the cases provided for in this section, the burden of proof that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the Superior Court or the Court of Québec according to their respective jurisdictions, must do so within 60 days of receiving such decision.
The amount of the payments that a health professional has obtained for services referred to in the first or second paragraph may be established by statistical inference on the sole basis of information obtained by a sampling of those services, according to a method consistent with generally accepted practices.
Notification of a notice of investigation to the health professional by the Board suspends the 60-month prescription provided for in the first paragraph or the 10-year prescription provided for in the second paragraph until the expiry of one year from the notification or until the investigation report is completed, whichever comes first.
For the purposes of this Act and within the scope of the basic prescription drug insurance plan, the second, fourth, fifth and sixth paragraphs, adapted as required, apply to an institution.
1979, c. 1, s. 16; 1981, c. 22, s. 8; 1996, c. 32, s. 96; 1999, c. 89, s. 28; 2016, c. 28, s. 13.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 36 months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the 36 preceding months were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services that were non-insured services, services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
Where the Board decides to refuse payment for services or to make compensation, it must inform the professional in the field of health of the reasons for its decision.
In the cases provided for in this section, the burden of proof that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the Superior Court or the Court of Québec according to their respective jurisdictions, must do so within six months of receiving such decision.
For the purposes of this Act and within the scope of the basic prescription drug insurance plan, the second, third, fourth and fifth paragraphs, adapted as required, apply to an institution.
1979, c. 1, s. 16; 1981, c. 22, s. 8; 1996, c. 32, s. 96; 1999, c. 89, s. 28.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding 36 months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the 36 preceding months were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
Where the Board decides to refuse payment for services or to make compensation, it must inform the professional in the field of health of the reasons for its decision.
In the cases provided for in the second paragraph, the burden of proof, before the competent court, that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the competent court must do so within six months of receiving such decision.
For the purposes of this Act and within the scope of the basic prescription drug insurance plan, the second, third, fourth and fifth paragraphs, adapted as required, apply to an institution.
1979, c. 1, s. 16; 1981, c. 22, s. 8; 1996, c. 32, s. 96.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the preceding thirty-six months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Disputes resulting from this paragraph are settled by the council of arbitration instituted by section 54.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the thirty-six preceding months were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
Where the Board decides to refuse payment for services or to make compensation, it must inform the professional in the field of health of the reasons for its decision.
In the cases provided for in the second paragraph, the burden of proof, before the competent court, that the decision of the Board is ill-founded, is on the professional in the field of health.
A professional in the field of health who wishes to appeal a decision of the Board before the competent court must do so within six months of receiving such decision.
1979, c. 1, s. 16; 1981, c. 22, s. 8.
22.2. Where the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the thirty-six preceding months were services furnished in non-conformity with the agreement, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be. Grievances resulting from this paragraph are settled by the council of arbitration when provided for in the agreement.
Where, after an investigation, the Board believes that services for which payment is claimed by a professional in the field of health or for which he has obtained payment in the thirty-six preceding months were services that have not been furnished, that he has not furnished in person or that he has falsely described, or services not considered insured by regulation or services not established as insured services by regulation, the Board may refuse payment for such services or have them reimbursed by compensation or otherwise, as the case may be.
Where the Board decides to refuse payment for services or to make compensation, it must inform the professional in the field of health of the reasons for its decision.
In the cases provided for in the second paragraph, the burden of proof, before the competent court, that the decision of the Board is ill-founded, is on the professional in the field of health.
1979, c. 1, s. 16.
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