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A-29 - Health Insurance Act

Section 50
Disposition versions

Full text
50. The Board must render a substantiated decision within 30 days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional order and the professional federation or association concerned. The notice transmitted to the professional must be accompanied with a copy of the recommendation of the revisory committee.
The Board may impose on the health professional a monetary administrative penalty equal to 15% of the payment the professional claimed or obtained for services referred to in the first paragraph of section 47, which it may collect by compensation, except if its decision is not in conformity with the recommendation of the revisory committee. When such a penalty is imposed, the notice transmitted to the professional must mention as much.
Any professional aggrieved by a decision rendered pursuant to the first or second paragraph may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec. The burden of proof that the decision of the Board is ill-founded is on the professional, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37; 1989, c. 50, s. 33; 1994, c. 40, s. 457; 1997, c. 43, s. 63; 2016, c. 28, s. 25.
50. The Board must render a substantiated decision within 30 days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional order and the professional federation or association concerned. The notice transmitted to the professional must be accompanied with a copy of the recommendation of the revisory committee.
In force: 2017-03-07
The Board may impose on the health professional a monetary administrative penalty equal to 15% of the payment the professional claimed or obtained for services referred to in the first paragraph of section 47, which it may collect by compensation, except if its decision is not in conformity with the recommendation of the revisory committee. When such a penalty is imposed, the notice transmitted to the professional must mention as much.
Any professional aggrieved by a decision rendered pursuant to the first or second paragraph may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec. The burden of proof that the decision of the Board is ill-founded is on the professional, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37; 1989, c. 50, s. 33; 1994, c. 40, s. 457; 1997, c. 43, s. 63; 2016, c. 28, s. 25.
50. The Board must render a substantiated decision within 30 days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional order and the professional federation or association concerned. The notice transmitted to the professional must be accompanied with a copy of the recommendation of the revisory committee.
Any professional aggrieved by a decision rendered pursuant to the preceding paragraph may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec. The burden of proof that the decision of the Board is ill-founded is on the professional, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37; 1989, c. 50, s. 33; 1994, c. 40, s. 457; 1997, c. 43, s. 63.
50. The Board must render a substantiated decision within thirty days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional order and the professional federation or association concerned. The notice transmitted to the professional must be accompanied with a copy of the recommendation of the revisory committee.
Any professional aggrieved by a decision rendered pursuant to the preceding paragraph may appeal therefrom to the Commission des affaires sociales in accordance with the Act respecting the Commission des affaires sociales (chapter C-34). The burden of proof that the decision of the Board is ill-founded is on the appellant, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37; 1989, c. 50, s. 33; 1994, c. 40, s. 457.
50. The Board must render a substantiated decision within thirty days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional corporation and the professional federation or association concerned. The notice transmitted to the professional must be accompanied with a copy of the recommendation of the revisory committee.
Any professional aggrieved by a decision rendered pursuant to the preceding paragraph may appeal therefrom to the Commission des affaires sociales in accordance with the Act respecting the Commission des affaires sociales (chapter C-34). The burden of proof that the decision of the Board is ill-founded is on the appellant, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37; 1989, c. 50, s. 33.
50. The Board must render a substantiated decision within thirty days of receiving the recommendation of the revisory committee and make compensation, except where the decision of the Board is not in conformity with the recommendation of the revisory committee. It must forthwith, by registered mail, inform the professional contemplated in the decision, the professional corporation and the professional federation or association concerned.
Any professional aggrieved by a decision rendered pursuant to the preceding paragraph may appeal therefrom to the Commission des affaires sociales in accordance with the Act respecting the Commission des affaires sociales (chapter C-34). The burden of proof that the decision of the Board is ill-founded is on the appellant, except where the decision of the Board is not in conformity with the recommendation of the revisory committee, in which case the burden of proof is on the Board.
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14; 1979, c. 1, s. 37.
50. The Board may accept the recommendation of the revisory committee and it must then comply therewith.
Likewise, the physician, dentist or optometrist contemplated by the recommendation may accept it, and he shall then comply therewith.
However, the Board or the professional contemplated, if not satisfied with the recommendation, may lodge an appeal before the Commission des affaires sociales, which shall be proceeded with in accordance with the Act respecting the Commission des affaires sociales (chapter C-34).
1970, c. 37, s. 37; 1970, c. 38, s. 13; 1973, c. 30, s. 9; 1973, c. 49, s. 45; 1974, c. 40, s. 13; 1977, c. 5, s. 14.
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