Third Party Liability - Health Care Costs Recovery Act

Third Party Liability

The Third Party Liability department recovers health care costs when a beneficiary is injured as a result of a negligent third party.  The Health Care Costs Recovery Act and Regulation allow for the recovery of health care costs for:

1. motor vehicle accidents where the liable party does not have basic third party coverage with the Insurance Corporation of British Columbia and,
2. non motor vehicle accidents such as:
   • slip and falls;
   • boating;
   • air and rail;
   • swimming;
   • diving;
   • skiing
   • explosion;
   • fire;
   • falling objects;
   • class actions.

In addition, there is an agreement with the Insurance Corporation of British Columbia that allows for the recovery of costs related to motor vehicle accidents where the liable party is insured by them.

Health Care Costs Recovery Act

The Health Care Costs Recovery Act was passed May 29, 2008 and was brought into force by Regulation effective April 1, 2009. The act provides the Province of British Columbia with the authority to collect health care costs, as defined in the act and Regulations, from third party insurers or wrongdoers. Compliance is required.

It is a statutory right for the Province of British Columbia to recover health care costs and mandatory under the act for third party insurers to pay the health care costs related to an incident where a beneficiary receives these services from the Province of British Columbia.

Ensuring the province is entitled to recover the health care costs for personal injuries stemming from the negligence or wrongdoing of a third party is a small part of ensuring an accountable and sustainable public health system.

Health care costs may include benefits as defined in the:

• Hospital Insurance Act,
• Medicare Protection Act,
• Continuing Care Act,
• Emergency and Health Services Act.

in addition to the following services provided by:

• Ministry of Children and Family Development or the Community Living Authority for:
  • At Home Program, Medical and Respite;
  • Benefits;
  • Supported child development;
  • Nursing support services;
  • Therapies;
  • Family support;
  • Professional support;
  • Specialized residential services.
• Regional Health Boards for:
  • Nursing;
  • Social work;
  • Registered dieticians;
  • Occupational therapy;
  • Speech pathology;
  • Physical therapy.
• PharmaCare for:
  • Prescription drugs.