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Revised Statutes of Newfoundland 1990


CHAPTER H-7

AN ACT TO AUTHORIZE THE GOVERNMENT OF THE PROVINCE TO ENTER INTO AN AGREEMENT WITH THE GOVERNMENT OF CANADA PROVIDING FOR CONTRIBUTIONS BY CANADA IN RESPECT OF PROGRAMS ADMINISTERED BY THE PROVINCE PROVIDING FOR HOSPITAL INSURANCE AND LABORATORY AND OTHER SERVICES IN AID OF DIAGNOSIS

Analysis

1. Short title

2. Interpretation

3. Agreements respecting contributions

4. Regulations

5. Actions in respect of an injury


Short title

1. This Act may be cited as the Hospital Insurance Agreement Act.

RSN1970 c157 s1

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Interpretation

2. (1) In this Act

(a) "agreement" means an agreement made under section 3; and

(b) "minister" means the Minister of Health.

(2) Other words and expressions in this Act have the meanings assigned to them in the Canada Health Act.

RSN1970 c157 s2

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Agreements respecting contributions

3. (1) The minister may, with the approval of the Lieutenant-Governor in Council and on behalf of the government of the province, enter into an agreement with the Government of Canada to provide for the payment by Canada to the province, in accordance with the Canada Health Act and regulations made under that Act, of contributions in respect of the cost of insured services incurred by the province pursuant to regulations made under section 4 of this Act.

(2) The minister may, with the approval of the Lieutenant-Governor in Council and on behalf of the government of the province, enter into an agreement to amend or terminate an agreement.

RSN1970 c157 s3

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Regulations

4. (1) The minister may make regulations

(a) for the provision by hospitals of insured services upon uniform terms and conditions to residents of the province under the conditions specified in the Canada Health Act and regulations made under that Act; and

(b) for the payment of amounts to hospitals from funds voted by the Legislature in respect of the cost of insured services, and the payment of those amounts that may be specified in an agreement when insured services are provided to residents of the province, who are eligible for them and entitled to them by hospitals that are owned or operated by Canada or are situated outside the province.

(2) Regulations made under subsection (1) may be made with retroactive effect to a date stated in the regulations, which date shall not be earlier than a date 12 months before the date of their publication in the Gazette.

RSN1970 c157 s5; 1978 c76 s1

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Actions in respect of an injury

5. (1) An injured or disabled person, in this section referred to as the "insured person", who receives insured services in respect of an injury or disability caused or contributed to by or resulting from the fault, negligence or other wrongful act or omission of another person, in this section referred to as the "tortfeasor", has the same right to recover the cost of those insured services from the tortfeasor as the insured person would have had if the insured person had personally been required to pay for the services.

(2) An insured person who, under subsection (1), recovers from another person the whole or part of the cost of insured services shall, on recovery from that other person, pay to the minister the amount recovered and the minister may if the amount so recovered is not paid to him or her within a reasonable time recover the amount from the insured person as a debt due the Crown in right of the province.

(3) Where the cost of insured services referred to in subsection (1) is paid, or an agreement has been entered into covering payment, by the minister on behalf of the government of the province to a person or hospital or where the services are provided in a hospital controlled by, or by a person employed in, the Department of Health, the minister may bring an action in his or her own name or in the name of the insured person for the recovery of the cost of the insured services.

(4) The rights conferred upon the minister by subsection (3) shall not be considered to restrict other rights of recovery of the insured person in respect of the injury or disability referred to in subsection (1) for loss or damage not the subject of insured services and if the insured person starts an action in respect of that loss or damage he or she shall include a claim on behalf of the minister for the cost of the insured services provided to the insured person.

(5) It is not a defence to an action brought by the minister under subsection (3) that a claim for damages has been adjudicated upon unless that claim included a claim for the sum paid for insured services and it is not a defence to an action for damages for personal injuries brought by an insured person that an action taken by the minister under subsection (3) has been adjudicated upon.

(6) Where as a result of a claim under this section there are insufficient funds to provide complete recovery to an insured person for his or her losses or injury and to pay the cost of insured services, that person and the minister shall share to that extent in proportion to their respective losses in a recovery, but nothing in this provision prevents the minister from waiving in whole or in part his or her share of an amount recovered where in the minister's opinion the circumstances so warrant.

(7) A release or settlement of claim which includes the cost of insured services is not effective unless the minister has consented to the release or settlement or unless the minister is satisfied with the provisions of the release or settlement.

(8) The costs of an action by or on behalf of an insured person in which a claim has been included on behalf of the minister under subsection (4) shall be borne by the minister in the same proportion as the claim of the minister for the cost of insured services provided bears to the total claimed by or on behalf of the insured person in the action.

(9) If within 2 months after the last act or omission which caused the injury or disability of an insured person an action has not been started by or on behalf of that person under subsection (1) for the recovery of damages arising out of the injury or disability, the minister upon service of notice on the insured person may start an action in his or her own name or in the name of that person for the recovery of the cost of the insured services, and at a time before trial of the action that person may join in the action another claim arising out of the same occurrence upon those conditions as to costs or otherwise that the court considers just and may in that case effect settlement of that claim.

(10) A liability insurer shall pay to the minister an amount referable to a claim for recovery of the cost of insured services that would otherwise be payable to an insured person and payment of that amount to the minister discharges the liability of the insurer to pay that amount to the insured person or to a person claiming under or on behalf of the insured person.

(11) For the purpose of subsection (10) a "liability insurer" means a person regularly engaged in the business of underwriting risks in respect of negligence.

(12) For the purposes of this section

(a) "insured services" means insured services as defined in regulations made under this Act; and

(b) the cost of insured services provided is

(i) in the province the cost as established by the minister,

(ii) in a participating province the cost as established by the provincial authority which administers the hospital insurance program in that participating province, or

(iii) elsewhere than in the province or a participating province the cost calculated at a rate which, in the opinion of the minister, is fair having regard to the services provided and the hospital which provided the services.

RSN1970 c157 s6; 1977 c27 s1

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