Third Party LiabilityLegislationAllows for the Province of British Columbia to recover health care costs related to personal injury claims whether or not a lawsuit has been filed. The Health Care Costs Recovery Act passed May 29, 2008 and brought into force by Regulation effective April 1, 2009. The Health Care Costs 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. This will exclude personal injury claims arising out of the use and operation of a motor vehicle if the wrongdoer was covered by the Plan, as defined in the personal injury claims covered by the
What has changed?
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It is a statutory right for the Province of British Columbia to recover health care costs and now 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. 
