Third Party Liability

The Third Party Liability Department is part of the Accounting Operations Branch in the Ministry of Health Services. The Third Party Liability Department is responsible for the recovery of health care costs when a British Columbia resident is injured due to a third party’s wrongful act or omission for both motor vehicle accidents and non motor vehicle accidents.

For example:

Injuries occurring from negligence involving incidents/accidents such as but not limited to slip and falls, boating, air and rail accidents, swimming, diving, skiing, explosion, fire, falling objects, and Class Actions.
         
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:

1. Ministry of Children and Family Development or the Community Living Authority:



• At Home Program, Medical and Respite;
• Benefits;
• Supported Child Development;
• Nursing Support Services;
• Therapies;
• Family support;
• Professional support;
• Specialized residential services; and



2. Regional Health Boards:



• nursing;
• social work;
• registered dieticians;
• occupational therapy;
• speech pathology;
• physical therapy

Prescription drugs that are funded under PharmaCare operated by the Ministry of Health Services.

The Health Care Costs Recovery Act passed May 29, 2008 and brought into force by Regulation effective April 1, 2009. The Health Care Cost Recovery Act allows the Ministry of Health Services to recover all health care costs paid by government related to a beneficiary’s injury that was caused by the wrongful act of a third party.

The Health Care Costs Recovery Act is the foundation for the Third Party Liability Department. Two points were clearly made during the Conversation on Health – accountability and sustainability in the health system. 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.

The Health Care Costs Recovery Act allows for the recovery of health care costs for all non motor vehicle accidents only. The exception is where the liable party does not have basic third party coverage with the Insurance Corporation of British Columbia.

The Health Care Costs Recovery Act replaces a 50 year old Gentleman’s Agreement which requested that the insurer pay the hospital costs of the injured party caused by the wrongful act of a third party.

Third Party Liability operates under the authority of the Health Care Costs Recovery Act and Regulation.