S. 3.02 of the Transfused and Hemophiliac HCV Plan
Eligibility and Traceback Requirements
for Persons
Claimed to Be Secondarily-Infected Persons
Table of Contents
The Claim for a Spouse as
a Secondarily-Infected Person (top)
1. Section 3.02 of each Plan permits a claim for
a Secondarily-Infected Person who is the Spouse
of a Primarily-Infected Person. That is, a Spouse
may claim to have been secondarily-infected with
HCV by his/her Spouse who is a Primarily-Infected
Person or Primarily-Infected Hemophiliac.
The Claim for a Child as a
Secondarily-Infected Person (top)
2. Section 3.02 of each Plan permits a claim for
a Secondarily-Infected Person who is the Child of
an HCV Infected Person. That is, a Child may claim
to have been secondarily infected with HCV by his/her
Parent who is a Primarily-Infected Person, Primarily-Infected
Hemophiliac or a Secondarily-Infected Person.
Eligibility Criteria Where
This CAP Applies (top)
3. The Administrator must be satisfied on the balance
of probabilities that the Secondarily-Infected Person
was infected with HCV for the first time by a Spouse
who is a Primarily-Infected Person, or a Primarily-Infected
Hemophiliac or by a Parent who is an HCV-Infected
Person, as the case may be.
Assessing the Claim of
the Secondarily-Infected Person (top)
4. In order to assess the claim of a Secondarily-Infected
Person under section 3.02 of either Plan, the Spouse
who is the Primarily-Infected Person or Primarily-Infected
Hemophiliac or the Parent who is the HCV-Infected
Person must first be approved under the appropriate
Plan. If the Spouse who is the Primarily-Infected
Person or Primarily-Infected Hemophiliac or the
Parent who is the HCV-Infected Person has not applied,
then the Secondarily-Infected Person must provide
the Administrator with the information required
in order to determine whether the Spouse or Parent,
as the case may be, would qualify as an Approved
HCV-Infected Person if he/she did apply.
5. On receipt of an application for a Secondarily-Infected
Person (Tran 1, Tran 2 and Tran 3 Forms or Hemo
1, Hemo 2 and Hemo 3 Forms), the Administrator shall:
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A.
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obtain all
relevant medical, hospital and clinical records
which are in existence up to the date of application
pertaining to the Secondarily-Infected Person
and review them to determine if the Secondarily-Infected
Person has any risk factors for infection with
HCV other than through their Spouse or Parent,
as the case may be, including any indications
for additional investigation as provided in
paragraph 6 below; and |
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B.
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request
a traceback of any units of blood received by
the Secondarily-Infected Person to determine
whether any donors of the blood received by
the Secondarily-Infected Person tests positive
for the antibody to HCV. |
6. Indications for additional investigation include:
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A.
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any evidence of non-prescription
intravenous drug use by the Secondarily-Infected
Person, irrespective of whether the claimant
provided the required declaration; |
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B.
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a failure to provide a declaration
of knowledge, information and belief that the
Secondarily-Infected Person was not infected
with Hepatitis Non-A Non-B or the Hepatitis
C virus prior to January 1,1986; |
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C.
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a prior application to another
government HCV compensation program and/or a
declaration of knowledge, information and belief
that the Secondarily-Infected Person was infected
with blood received before January 1, 1986; |
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d.
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any indication of the existence
of Hepatitis B, a previous unspecified Hepatitis
or a liver irregularity for the Secondarily-Infected
Person; |
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e.
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any indication of the existence
of a major surgical procedure, disease, treatment
or trauma that was likely to have required a
blood transfusion at any time prior to the earlier
of July 1, 1990 or the date of the Secondarily-Infected
Person's diagnosis with HCV; |
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f.
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any indication of one or more
of the risk factor(s) outlined at Section F
of the Tran2/Hemo2 Treating Physician Form or
in the other documentation received; and |
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g.
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receipt of any blood transfusions
or blood in or outside Canada at any time prior
to the Secondarily-Infected Person's diagnosis
with HCV. |
7. Where there is one or more indication for additional
investigation, the Administrator shall require such
additional information and records pursuant to s.
3.03 of the Plans as, in its complete discretion,
it considers necessary to inform its decision.
8. The Administrator shall weigh the totality of
the evidence obtained including the evidence obtained
from the investigations required by the provisions
of this CAP and determine whether, on a balance
of probabilities, the Secondarily-Infected Person
meets the eligibility criteria.
9. In weighing the evidence in accordance with
the provisions of this CAP, the Administrator must
be satisfied that the body of evidence is sufficiently
complete in all of the circumstances of the particular
case to permit it to make a decision. If the Administrator
is not satisfied that the body of evidence is sufficiently
complete in all of the circumstances of the particular
case to permit it to make a decision, the Administrator
shall reject the claim.
10. Reference to a Primarily-Infected Person, Primarily-Infected
Hemophiliac or HCV Infected Person throughout this
CAP also includes an Opted-Out Primarily-Infected
Person, Opted-Out Primarily-Infected Hemophiliac
or Opted-Out HCV Infected Person.
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