Section 1 definitions of "beneficiary or qualified person" and "resident" BEFORE amended by 2002-16-1, effective October 23, 2003 (BC Reg 359/2003).
"beneficiary" or "qualified person" means a resident or a dependant of a resident who is eligible for benefits in accordance with the regulations;
"resident" means a person who
(a) is a citizen of Canada or lawfully admitted to Canada for permanent residence,
(b) makes his or her home in British Columbia, and
(c) is physically present in British Columbia at least 6 months in a calendar year,
and includes a person who is deemed under the regulations to be a resident but does not include a tourist or visitor to British Columbia.
Section 1 definitions of "Nisg̱a'a Nation", "PHSA" and "regional health board" were added by 2003-33-3, effective October 23, 2003 (BC Reg 360/2003).
Section 1 definition of "Nisg̱a'a Nation" BEFORE repealed by 2014-32-33, effective November 27, 2014 (Royal Assent).
"Nisg̱a'a Nation" has the same meaning as in the Nisg̱a'a Final Agreement;
Section 1 definition of "PHSA" BEFORE amended by 2015-18-320, effective November 28, 2016 (BC Reg 216/2015).
"PHSA" means the Provincial Health Services Authority, a society incorporated under the Society Act;
Section 1 definition of "hospital", paragraph (e) BEFORE amended by 2017-10-18, effective November 2, 2017 (Royal Assent).
(e) an establishment in which out patient services are available that has been designated a diagnostic and treatment centre by the Lieutenant Governor in Council for providing out patient benefits to beneficiaries in accordance with this Act and the regulations;
Section 2 BEFORE repealed by 2002-16-2, effective October 23, 2003 (BC Reg 359/2003).
Residence regulations
2 The Lieutenant Governor in Council may, by regulation, make provisions necessary for determining
(a) whether a person has made his or her home in British Columbia and is ordinarily present in it, and
(b) the conditions under which a person ceases to be a resident of British Columbia.
Section 3 (1) BEFORE amended by 2002-16-3(a), effective October 23, 2003 (BC Reg 359/2003).
(1) Subject to this Act and the regulations, every qualified person or beneficiary is entitled to receive the general hospital services provided under this Act.
Section 3 (2) BEFORE repealed by 2002-16-3(b), effective October 23, 2003 (BC Reg 359/2003).
(2) In determining who is a beneficiary in accordance with this section, the decision of the minister is final.
Section 4 BEFORE amended by 2002-16-4, effective October 23, 2003 (BC Reg 359/2003).
4 No person other than a qualified person is entitled to the benefits provided by this Act.
Section 5 (1) (a), (b) and (c) BEFORE amended by 2002-16-5(a), effective October 23, 2003 (BC Reg 359/2003).
(a) for qualified persons requiring treatment for acute illness or injury, the public ward accommodation, necessary operating and case room facilities, diagnostic or therapeutic X-ray and laboratory procedures, anesthetics, prescriptions, drugs, dressings, cast materials and other services prescribed by regulation;
(b) for qualified persons requiring active treatment for chronic illness or disability, the public ward accommodation, physiotherapy and occupational therapy, minor operating room and diagnostic X-ray and laboratory services, prescriptions, drugs, dressings, cast materials and other services prescribed by regulation;
(c) for qualified persons requiring treatment or diagnostic services as out patients, the out patient treatment or diagnostic services prescribed by regulation.
Section 5 (2) (b) BEFORE amended by 2002-16-5(b), effective October 23, 2003 (BC Reg 359/2003).
(b) services or treatment that the minister, or a person designated by the minister, determines, on a review of the medical evidence, the qualified person does not require;
Section 5 (4) (b) BEFORE amended by 2002-16-5(c), effective October 23, 2003 (BC Reg 359/2003).
(b) the person proves to the satisfaction of the minister that he or she is a beneficiary by making an application for benefits in the manner and form specified by the minister on being admitted to hospital.
Section 5 (5) BEFORE repealed by 2002-16-5(d), effective October 23, 2003 (BC Reg 359/2003).
(5) For the purposes of subsection (4) (b), if a person requires admission to a hospital and is unable to make an application, or if the person is a dependant, the application must be made on the person"s behalf by a member of his or her family or some other person having knowledge of the facts required to be stated in an application.
Section 5 (7) BEFORE amended by 2003-33-4, effective October 23, 2003 (BC Reg 360/2003).
(7) Subject to the approval of the Lieutenant Governor in Council, the right of a beneficiary to receive the benefits under this Act may be made subject to the payment by or on behalf of the beneficiary of a portion of the cost of providing any treatment or services rendered to the beneficiary by a hospital, and the government must pay, on behalf of any person who is certified by the Minister of Social Services to be a person entitled to health services, a charge levied under this subsection against that person.
Section 5 (1) (a) and (b) BEFORE amended by 2014-8-87, effective October 1, 2015 (BC Reg 52/2015).
(a) for beneficiaries requiring treatment for acute illness or injury, the public ward accommodation, necessary operating and case room facilities, diagnostic or therapeutic X-ray and laboratory procedures, anesthetics, prescriptions, drugs, dressings, cast materials and other services prescribed by regulation;
(b) for beneficiaries requiring active treatment for chronic illness or disability, the public ward accommodation, physiotherapy and occupational therapy, minor operating room and diagnostic X-ray and laboratory services, prescriptions, drugs, dressings, cast materials and other services prescribed by regulation;
Section 5 (1) (c) BEFORE amended by 2017-10-19(a), effective November 2, 2017 (Royal Assent).
(c) for beneficiaries requiring treatment or diagnostic services as out patients, the out patient treatment or diagnostic services prescribed by regulation.
Section 5 (3) BEFORE amended by 2017-10-19(b), effective November 2, 2017 (Royal Assent).
(3) For the purposes of subsection (1) (c), the regulations may authorize the minister to define categories of out patient care and specify the treatment or diagnostic services to be provided for those categories.
Section 7 (2) (a) BEFORE amended by 2002-16-6(a), effective October 23, 2003 (BC Reg 359/2003).
(a) makes a false statement of fact in an affidavit or statement required under this Act or in an application for benefits made under section 5;
Section 7 (2) (b) BEFORE amended by 2002-16-6(b), effective October 23, 2003 (BC Reg 359/2003).
(b) fails or refuses to make an affidavit, statement or application for benefits at once on being required to do so;
Section 7 (1) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(1) The minister or an officer of the Ministry of Health or of a hospital may require a person to provide, by means of an affidavit or otherwise, information regarding the person or the members of the person's family thought necessary by the minister or an officer for the proper administration of this Act.
Section 7 (1) and (2) BEFORE amended by 2016-4-17, effective September 1, 2016 (BC Reg 191/2016).
(1) The minister or an officer of the minister's ministry or of a hospital may require a person to provide, by means of an affidavit or otherwise, information regarding the person or the members of the person's family thought necessary by the minister or an officer for the proper administration of this Act.
(2) A person who does any of the following commits an offence:
(a) makes a false statement of fact in an affidavit or statement required under this Act;
(b) fails or refuses to make an affidavit or statement at once on being required to do so;
(c) withholds or misrepresents information regarding a matter connected with this Act.
Section 8 BEFORE amended by 2014-8-88, effective October 1, 2015 (BC Reg 52/2015).
Hospitals to provide services for beneficiaries
8 Every hospital must provide for beneficiaries those public ward facilities, including necessary operating and case room facilities, X-ray and laboratory diagnostic and therapeutic procedures, anesthetics, and other services, dressings and drugs the Lieutenant Governor in Council requires or provides for under regulations.
Section 9 BEFORE re-enacted by 2003-33-5, effective October 23, 2003 (BC Reg 360/2003).
Payment to hospitals
9 (1) There must be paid annually to every hospital an amount determined by the minister to reimburse the hospital for all or part of the cost of rendering to beneficiaries those general hospital services authorized by this Act that the hospital is required by the minister to provide for beneficiaries admitted for treatment, excluding those amounts payable to the hospital under section 5 (7) and section 14.
(2) The fiscal year of each hospital begins April 1.
(3) In the form and on the date prescribed by the minister, every hospital must transmit to the minister a complete and detailed statement setting out the estimated cost of operation of the hospital for the next fiscal year.
(4) If a hospital fails to transmit a statement to the minister in the manner and form prescribed under subsection (3), the hospital is to receive payment, at the temporary rate established by the minister, for services rendered to beneficiaries between the beginning of the year to which the statement applies and the date on which the minister receives a complete and satisfactory statement.
Section 10 (2) BEFORE repealed by 2003-33-6, effective October 23, 2003 (BC Reg 360/2003).
(2) If the minister determines that payment has been made to a hospital from the government for a person who is not a beneficiary, the minister must
(a) notify the hospital, and
(b) recover the sum paid to the hospital by
(i) securing reimbursement from the hospital, or
(ii) deducting the sum from money payable to the hospital for beneficiaries.
Section 10 (6) BEFORE amended by 2023-10-305, effective March 30, 2023 (Royal Assent).
(6) For the purposes of subsection (5), if the patient claims to be entitled to benefits under this Act, the burden of proving that he or she is a beneficiary is on that person.
Section 14 (1) BEFORE amended by 2023-10-306, effective March 30, 2023 (Royal Assent).
(1) If a person entitled to the benefits provided by this Act requests and receives care in addition to public ward care, or if additional care is provided for a patient on the order of his or her physician,
(a) the hospital must be paid on the basis of public ward care as provided in this Act, and
(b) the hospital may collect from the patient and retain the difference in rates between the public ward care and the actual care provided.
Section 17 (b) BEFORE amended by 2002-16-7, effective October 23, 2003 (BC Reg 359/2003).
(b) to make arrangements under which a qualified person may move his or her home from one province to the other without ceasing to be entitled to benefits.
Section 17 (b) BEFORE amended by 2023-10-307, effective March 30, 2023 (Royal Assent).
(b) to make arrangements under which a beneficiary may move his or her home from one province to the other without ceasing to be entitled to benefits.
Section 22 BEFORE amended by 2023-10-308, effective March 30, 2023 (Royal Assent).
Dispute as to whether services required
22 (1) If a dispute arises between a beneficiary and the minister as to whether the beneficiary requires hospital services, the beneficiary, if required by the minister, must submit himself or herself for examination by a medical practitioner appointed by the minister.
(2) If the beneficiary does not submit himself or herself for examination when required by the minister or if the beneficiary in any way obstructs an examination by the medical practitioner,
(a) his or her rights under this Act are suspended until the examination has taken place, and
(b) the beneficiary is personally liable for any hospital service received by him or her during the suspension.
Section 23 (3) BEFORE amended by 2007-14-204,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) A physician who fails to make a report required by this Act or the regulations, unless excused by the minister, commits an offence.
Section 23 (2) BEFORE amended by 2023-10-309, effective March 30, 2023 (Royal Assent).
(2) A physician commits an offence if he or she, having received notice by registered mail from the minister of information required by the physician, fails to comply with the notice.
Section 25 BEFORE repealed by 2008-27-26, effective April 1, 2009 (BC Reg 397/2008).
Third party liability
25 (1) If, as a result of the wrongful act or omission of another, a beneficiary suffers personal injuries for which the beneficiary receives hospital services paid for by the government, the beneficiary has the same right to recover the sum paid for the services against the person guilty of the wrongful act or omission as the beneficiary would have had, had the beneficiary been required to pay for the services personally.
(2) On the beneficiary recovering the sum or part of it under subsection (1), the beneficiary must pay it at once to the minister.
(3) The minister may order that a commission be paid for money recovered under subsection (1) and the amount of the commission and the conditions under which it may be paid must be in accordance with the rules prescribed by the Lieutenant Governor in Council.
(4) The government is subrogated to the rights of the beneficiary to recover sums paid for hospital services by the government, and an action may be maintained by the government, either its name or the name of the beneficiary, for the recovery of the sum paid for hospital services as provided in subsection (1).
(5) It is not a defence to an action brought by the government under subsection (4) that a claim for damages has been adjudicated on unless the claim included a claim for the sum paid for hospital services, and it is not a defence to an action brought by a beneficiary for damages for personal injuries that an action taken by the government under subsection (4) has been adjudicated on.
(6) No release or settlement of a claim or judgment based on a cause of action for damages for personal injuries in a case where the injured person has received hospital services paid for by the government is binding on the government unless the minister or a person designated by the minister has approved the settlement in writing.
(7) The Lieutenant Governor in Council may, by regulation, limit or define the circumstances that give rise to a cause of action under this section.
(8) This section applies to claims for hospital services arising after a day to be set by the Lieutenant Governor in Council.
Section 26 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) Notice required to be given under this Act or the regulations
Section 29 (2) (b) BEFORE amended by 2003-33-8(a), effective October 23, 2003 (BC Reg 360/2003).
(b) the facilities and services that hospitals in British Columbia as a group or individually must provide for beneficiaries under this Act in order to qualify them for payment by the government, and the amount of the payment to hospitals;
Section 29 (2) (c) BEFORE amended by 2002-16-8, effective October 23, 2003 (BC Reg 359/2003).
(c) prescribing the period of time that must elapse between the day on which a person becomes a resident and the day on which the person becomes a beneficiary;
Section 29 (2) (e) and (f) BEFORE amended by 2003-33-8(b) and (c), effective October 23, 2003 (BC Reg 360/2003).
(e) inquiries to determine the correctness of accounts rendered by hospitals;
(f) the hospital treatment and services referred to in section 5 for which payment must be included in the amounts paid to hospitals;
Section 29 (3) (c) BEFORE repealed by 2008-27-27, effective April 1, 2009 (BC Reg 397/2008).
(c) payment of a commission for money recovered under section 25;