397/2008

O.C. 928/2008

December 9, 2008

April 1, 2009

Health Care Costs Recovery Act

Health Care Costs Recovery Regulation

[Last amended April 7, 2026 by B.C. Reg. 50/2026]

397_2008_pit

Definition

In this regulation, Act means the Health Care Costs Recovery Act .

[en. B.C. Reg. 50/2026, App., s. 1.]

Health care practitioners

The following health care professions and occupations are prescribed for the purposes of paragraph (

b) of the definition of "health care practitioner" in the Act:

a designated health profession that may be practised by a person who is a health care practitioner within the meaning of the Medicare Protection Act ;

the designated health profession, within the meaning of the Health Professions and Occupations Act , of occupational therapy.

[am. B.C. Reg. 128/2025, s. 30.]

Health care services

The following are designated for the purposes of paragraph (

e) of the definition of "health care services" in the Act:

the following services provided by the Ministry of Children and Family Development or the Community Living Authority:

At Home Program Medical and Respite Benefits;

Supported Child Development;

iii

Nursing Support Services;

therapies;

family support;

professional support;

vii

specialized residential services;

the services that are paid for by a regional health board and provided by

a licensee within the meaning of the Health Professions and Occupations Act who is authorized to practise the designated health profession of nursing, dietetics, occupational therapy, physical therapy or speech-language pathology, or

a social worker within the meaning of the Social Workers Act ;

prescription drugs that are funded under a drug plan established under the Drug Plans Regulation.

[am. B.C. Regs. 32/2012, Sch. 5, s. 1; 73/2015, App. 5; 128/2025, s. 31.]

Contingency fee arrangements for government interests

Subject to this section, the government may enter into a contingency fee arrangement with a lawyer for a beneficiary, or for the beneficiary's personal or other legal representative, under which the lawyer will also represent the government's interests in respect of a health care services claim.

The compensation payable for representing the government's interest under an arrangement referred to in subsection (1) is 15% of the total amount recovered in respect of the health care services claim.

In addition to the compensation payable under subsection (2), the government may pay for those disbursements directly related to the health care services claim.

If the negligence or wrongful act or omission that gave rise to the health care services claim occurred outside British Columbia, subsections (2) and (3) do not apply to the contingency fee arrangement.

[am. B.C. Reg. 76/2022, s. 4.]

Exemptions

The following are exempt from sections 3 to 7, 12, 13, 19 and 22 of the Act:

legal proceedings under the Small Claims Act ;

legal proceedings in which the only defendant is the government.

1.1

Section 10 of the Act does not apply to an insurer if the act or omission of the insured person has or may have caused or contributed to a personal injury to which

section 115 of the Insurance (Vehicle) Act applies.

Section 12 of the Act does not apply to a beneficiary or the beneficiary's personal or other legal representative if the beneficiary is represented by a lawyer who also represents the government's interests in respect of the health care services claim.

[am. B.C. Regs. 76/2022, ss. 3 and 4; 111/2022.]

Forms

The forms in the

Schedule are prescribed for the purposes of sections 4, 4.1, 10, 12 and 13 of the Act.

[am. B.C. Regs. 153/2020, s. 1; 50/2026, App., s. 2.]

Notices

In addition to the other methods set out in

section 22 of the Act, written notice to the government under

section 4, 4.1 or 5 (3) (

b) of the Act may be served by emailing the notice to AGHCCRAService@gov.bc.ca.

A notice served by email under subsection (1) is deemed to be received at the time the person serving the notice receives an email confirmation that the email has been received.

Notices prescribed for the purposes of sections 10, 12 and 13 of the Act are deemed to be received at the time they are date stamped by the Third Party Liability Office in the Ministry of Health.

[am. B.C. Regs. 19/2015, s. (a); 153/2020, s. 2; 50/2026, App., s. 3.]

Schedule

[en. B.C. Reg. 19/2015, s. (b); am. B.C. Regs. 153/2020, s. 3; 50/2026, App., s. 4.]

Notice of Legal Proceeding

(Pursuant to

section 4 (1) of the Health Care Costs Recovery Act )

Notice of Legal Proceeding

(Pursuant to

section 4 (1.1) of the Health Care Costs Recovery Act )

Information from Insurer

Beneficiary's Notice to Minister

Notice of Proposed Terms of Settlement

Notice of Third Party Claim

Information from Uninsured Defendant

[Provisions relevant to the enactment of this regulation: Health Care Costs Recovery Act , S.B.C. 2008, c. 27, s. 25.]