logo
Hepatitis C - Class Actions Settlement
HomeSearchContact UsFrançaisPrivacy

Claimants:
Essential Information
Claimants:
Additional Information
Claimants:
Loss of Income / Loss of Support / Loss of Services
Periodic Re-Assessment by the Courts
Appeals
Documents
Forms
Contacts and Links
Annual Report
Administrator


Documents : Court Approved Protocol : Uninsured Medical Expenses and Out of Pocket Expenses

Court Approved Protocol

CAP - Uninsured Treatment and Medical Expenses and Out of Pocket Expenses
(Sections 4.06 and 4.07 of the Transfused and Hemophiliac HCV Plans)

Revised - October, 2010

Amended Court Approved Protocol

General Provisions

1. For the purpose of this CAP, Treating Physician means a medical doctor who is or was treating the HCV Infected Person in respect of his/her HCV infection or conditions due to his/her infection with HCV.

2. The Administrator shall process a claim for uninsured treatment and medical expenses or a claim for out-of-pocket expenses either:

a)
one time per Claimant per calendar year if the total amount claimed does not exceed $250; or
b)
at any time the total amount claimed exceeds $250.


Treatment and Medical Expenses

3. In consultation with a physician(s) in one or more of the medical specialties listed on Tran 2/Hemo 2 Form ("HCV Medical Specialist") the Administrator shall compile a list of medications and treatments which are recommended or prescribed for treatment of HCV and for conditions due to the infection with HCV which are generally accepted by the medical community (the "HCV Medication List"). This list shall be periodically updated at the Administrator's discretion.

4. The Administrator may accept a completed Gen 3 Form accompanied by receipts as proof of medical expenses incurred for any of the items on the HCV Medication List, except where:

(a)
the total claimed for medical expenses on any one application exceeds $250 (excluding the costs of Compensable HCV Drug Therapy);
(b)
the level of medical expenses claimed is inconsistent with the HCV Infected Person's overall application or disease level (eg: a person who is at Level 1 and has a negative PCR test claiming for significant medical expenses); or
(c)
for any other reason, the Administrator requires the confirmation of the Treating Physician that the treatments or medications were prescribed or recommended as treatment or medication for the HCV infection or conditions due to the infection with HCV.

5. Where one of the exceptions described above applies, or where there are items for which a claim is made but no receipts are available, the Administrator shall require the Claimant to supply a form completed by a Treating Physician confirming that he/she prescribed or recommended the claimed items as treatment or medication for the HCV Infected Person for his/her HCV infection or conditions due to the infection with HCV.

6. Where reimbursement is claimed for items which are not on the HCV Medication List, the Administrator shall require the Claimant to supply a form completed by the HCV Infected Person's Treating Physician confirming that he/she prescribed or recommended the treatment or medications for treatment of the HCV infection or conditions due to the infection with HCV. If the Treating Physician is an HCV Medical Specialist, the Treating Physician must confirm that the treatments or medications prescribed or recommended are generally accepted by the medical community for the treatment of HCV or conditions due to the infection with HCV. If the Treating Physician is not an HCV Medical Specialist, the Administrator shall consult an HCV Medical Specialist to determine whether the items are generally accepted by the medical community for the treatment of HCV or conditions due to the infection with HCV.

Out-of-Pocket Expenses

7. The Administrator may accept a completed Gen 3 Form as proof of out-of-pocket expenses due to HCV infection or conditions due to the infection with HCV, except where:

(a)

the level of expenses claimed is inconsistent with the HCV Infected Person's overall application or disease level (eg: a person who lives in a major centre claiming travel costs to doctors appointments or a person who is at Level 1 and has a negative PCR test claiming for frequent appointments with doctors); or

(b)
for any other reason, the Administrator requires confirmation of the Treating Physician the expenses were incurred due to the HCV infection or conditions due to the infection with HCV.

8. Where one of the exceptions described in paragraph 7 applies, the Administrator shall:

(a)
require the Claimant to supply a form completed by the Treating Physician confirming that the HCV Infected Person had to incur the expense in order to seek medical advice or treatment for HCV or conditions due to the infection with HCV;
(b)
in the event the item for which reimbursement claimed is such that it is not amenable to confirmation by the Treating Physician, require such additional evidence as the Administrator considers appropriate; and
(c)
if necessary, consult an HCV Medical Specialist (if the Treating Physician is not an HCV Medical Specialist) to advise whether the treatment or medication to which the expenses relate are generally accepted by the medical community for the treatment of HCV or conditions due to the infection with HCV.

9. Where the exceptions described in paragraph 7 do not apply and the Claimant provides receipts for the items claimed, the Administrator shall authorize their reimbursement.

10. Where the exceptions in paragraph 7 do not apply and there are items claimed for which the Claimant does not provide receipts, the Administrator may authorize the reimbursement of a reasonable amount consistent with the overall application and the disease level of the HCV Infected Person.

11. In all cases, for expenses which are covered by the Treasury Board of Canada Secretariat Travel Directive, the amount stipulated in the Directive shall be the maximum amount which may be reimbursed.

12. The Administrator shall pay a reasonable amount on account of fees to a Treating Physician for Forms completed on account of a claim for compensation. In assessing a reasonable amount for fees, the Administrator shall have regard to the BCMA position on reasonable fees as stipulated in the letter from the BCMA dated June 15, 2000, after indexing to present day dollars.


 

Top

 

Disclaimer