A-29 - Health Insurance Act

Section 9.7 Disposition versions

2016-12-07

9.7. A person must reimburse the Board for any amount paid or reimbursed by the Board under this Act on the person’s behalf or on behalf of a spouse or child for whom the person is required by law to obtain insurance coverage, if the person, spouse or child received insured services without being entitled to them because the person, spouse or child

(1)  was registered with the Board without entitlement;

(2)  had ceased to be a resident or temporary resident of Québec;

(3)  had ceased to be an eligible person under a program administered by the Board pursuant to section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) or a person referred to in subparagraph 2 of the first paragraph of section 10 or section 10.1 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2);

(4)  received insured services as a result of the use of a health insurance card or eligibility card that was entrusted, lent, given, sold or otherwise alienated contrary to the first paragraph of section 9.1 or that does not correspond to the person’s, spouse’s or child’s true identity.

A person must also reimburse the Board, solidarily with the person who received insured services without being entitled to them,

(1)  if the person, contrary to the first paragraph of section 9.1, entrusted, lent, gave, sold or otherwise alienated the person’s card;

(2)  if the person, contrary to section 9.2, assisted or encouraged the person who received insured services to register with the Board although that person was not entitled to do so.

The recovery of amounts unduly paid is prescribed five years after the insured services are received. In the case of a false declaration, recovery is prescribed five years after the date on which the Board becomes aware of a person’s ineligibility for such services, but not later than 10 years after the services are received.

However, prescription is suspended where the person or any other person referred to in the second paragraph applies for a review of the Board’s decision under section 18.1 or contests the Board’s decision before the Administrative Tribunal of Québec under section 18.4, until a final decision is rendered.

1999, c. 89, s. 10; 2005, c. 40, s. 33; 2016, c. 28, s. 6.

2006-04-12

9.7. A person must reimburse the Board for any amount paid or reimbursed by the Board under this Act on the person’s behalf or on behalf of a spouse or child for whom the person is required by law to obtain insurance coverage, if the person, spouse or child received insured services without being entitled to them because the person, spouse or child

(1)  was registered with the Board without entitlement;

(2)  had ceased to be a resident or temporary resident of Québec;

(3)  had ceased to be an eligible person under a program administered by the Board pursuant to section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) or a person referred to in subparagraph 2 of the first paragraph of section 10 or section 10.1 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2).

In such cases, the Board’s right of action is prescribed three years after the date on which the Board becomes aware of the person’s ineligibility.

However, prescription is suspended where the person applies for a review of the Board’s decision under section 18.1 or contests the Board’s decision before the Administrative Tribunal of Québec under section 18.4, until a final decision is rendered.

1999, c. 89, s. 10; 2005, c. 40, s. 33.

2001-05-31

9.7. A person having received insured services without being entitled thereto must reimburse the Board for any amount paid or reimbursed on his behalf by the Board pursuant to this Act where the person

(1)  was registered with the Board without entitlement;

(2)  had ceased to be a resident or temporary resident of Québec;

(3)  had ceased to be an eligible person under a program administered by the Board pursuant to section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter A‐29) or a person referred to in subparagraph a of subparagraph 2 of the first paragraph of section 10 or section 10.1 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter S‐4.2).

In such cases, the Board’s right of action is prescribed three years after the date on which the Board becomes aware of the person’s ineligibility.

However, prescription is suspended where the person applies for a review of the Board’s decision under section 18.1 or contests the Board’s decision before the Administrative Tribunal of Québec under section 18.4, until a final decision is rendered.

1999, c. 89, s. 10.