CHANGES TO COMPENSABLE HCV DRUG THERAPY

The Courts ordered that direct-acting antiviral agents approved by Health Canada for HCV treatment are eligible as “Compensable HCV Drug Therapy” in only those cases where the treating physician certifies the treatment caused side effects which significantly interfere with the claimant’s activities of daily living.

The Courts also amended the court approved Medical Evidence Protocol to provide that claimants who took treatment with direct-acting antiviral agents that caused side effects that significantly interfered with their activities of daily living as certified by their treating physician can transition from disease level 2 to disease level 3. This disease level progression also remains available to claimants who took Compensable HCV Drug Therapy that included ribavirin and/or interferon.

The orders/judgment of the three Courts in respect of Compensable HCV Drug Therapy are available here: Ontario, British Columbia, Quebec.