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The government can recover its cost of health services when an Albertan is injured due to a third party's wrongful act or omission.
The Third Party Liability unit at the Ministry of Health is responsible for recovering health care costs for personal injury matters on behalf of the Alberta government, or 'Crown.'
Personal injury actions in which the Crown's right of recovery may arise include:
The Third Party Liability unit operates under the authority of Part 1 of the Crown's Right of Recovery Act, SA 2009, c.C-35.
The Crown’s right of recovery applies to all personal injury actions in which an Albertan has received health services as a result of injuries suffered due to the wrongful act or omission of a third party.
This applies except when the injury is caused by a motor vehicle accident and the at-fault driver is insured by an Alberta insurance company that contributes to the aggregate assessment.
The Crown has an independent right of recovery. Section 2(1) of the Crown's Right of Recovery Act states that should an Albertan receive health services for personal injuries suffered as a result of a wrongful act or omission, 'the Crown has the right to recover from the wrongdoer the Crown’s cost of health services.'
The types of recoverable health care services expenses include:
The Third Party Liability unit can also claim for the future cost of health services.
The Crown has no claim arising from motor vehicle accidents if:
A 'motor vehicle liability policy' means a motor vehicle liability policy as defined in the Insurance Act, R.S.A. 2000 c. I-3 indicating a contract of insurance has been made or renewed in Alberta or is deemed under the Insurance Act to have been made or renewed in Alberta [Section 514].
In certain situations, the Crown continues to have a claim when there is a motor vehicle accident. These include:
These situations include, but are not limited to:
If you are uncertain if a claim can be made, please notify the Third Party Liability unit so the matter can be addressed.
The Crown’s limitation period extends past that of the injured party. The Crown has an additional 6 months beyond the expiration of the injured party’s limitation period to commence an action, or an additional 6 months after the Third Party Liability unit receives notification of the matter, whichever is later. Refer to Section 7, Crown's Right of Recovery Act.
An injured party who consults a lawyer, or has someone consult a lawyer on their behalf about personal injuries suffered as a result of a wrongful act or omission by a third party must notify the Third Party Liability unit. Refer to Section 12 of the Crown’s Right of Recovery Act.
Section 4(1) of the Crown’s Right of Recovery (Ministerial) Regulation indicates the following information that should be reported:
Lawyers should submit a Third Party Liability Notification form (PDF, 485 KB) as soon as possible after being consulted by a recipient in the situation where the Crown’s right of recovery may arise.
When the notification form is received, the Third Party Liability unit investigates to determine whether or not the Crown has a right of recovery.
The Crown has an initial claim if the:
In order to determine if health services have been provided as a result of the wrongful act or omission, a review of health information is necessary.
It can take up to 2 months to receive a response from the various health providers. It is important to contact the unit of a Crown’s potential right of recovery as soon as possible.
Once a claim is developed, it is sent to your office along with a request to act. Alternatively, we will forward our claim directly to the insurer and advise you accordingly.
As the Crown’s Right of Recovery Act specifies that the Crown has a right of recovery, it is important that our legal counsel pleads 'Her Majesty the Queen in Right of Alberta' as a party to the action.
However, legal counsel should contact us prior to including 'Her Majesty the Queen in Right of Alberta' in the pleadings so we can determine if the Crown has a right of recovery for which we will be seeking recovery and if the Crown will be retaining their law firm to recover the Crown's claim.
If legal counsel is retained to act on behalf of the Crown who also represents the plaintiff, the Crown's Right of Recovery Regulation sets out the payment of legal fees.
If counsel is acting only on behalf of the Crown, an agreement will be entered into with counsel to pay reasonable fees, costs and disbursements.
Note: the Alberta government is not subject to the goods and services tax (GST) or the harmonized sales tax (HST).
Since August 1996, an annual direct payment system for automobile insurers was established which replaced the recovery of health care costs on a claim by claim basis for most motor vehicle accident situations.
For each calendar year, the Minister of Health establishes an aggregate assessment payable by automobile insurers based on an estimate of the Crown’s cost of health services for personal injuries incurred by Albertans as a result of the wrongful acts or omissions of third parties in the use or operation of automobiles in that calendar year.
In accordance with Section 15 of the Crown’s Right of Recovery Act, an insurer is required to notify the Crown of any circumstances in which the Crown’s right of recovery may arise.
In accordance with Section 5(1) of the Crown’s Right of Recovery (Ministerial) Regulation the information that should be provided includes:
Insurers should submit a Third Party Liability Notification form (PDF, 485 KB) as soon as possible in every personal injury accident in which the Crown’s right of recovery may arise.
When a notification form is received, the Third Party Liability unit investigates to determine whether or not the Crown has a right of recovery.
The Crown will initially have a claim if the following conditions are satisfied:
Upon a review of health information, the Crown's claim will be developed and a copy of the claim will be forwarded to the insurer or alternatively to our legal counsel.
The Crown has an additional 6 months after the expiration of the recipient's limitation period to begin an action against the defendant, or an additional 6 months after the Third Party Liability unit receives notification of the matter, whichever is later. See Section 7 of the Crown’s Right of Recovery Act.
If an insurer fails to provide notification of an incident in which the Crown may have a right of recovery, a court order may be issued requiring the insurer to provide the necessary information. See Section 19 of the Crown’s Right of Recovery Act.
Connect with the Third Party Liability unit:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: See list of contacts below
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0752
Address:
Alberta Health
Corporate Services Branch
Third Party Liability Unit
PO Box 1360, Station Main
Edmonton, Alberta T5J 2N3
Couriers:
Deliver to mailroom
15th floor, ATB Place North Tower
10025 Jasper Avenue NW
Edmonton, Alberta T5J 1S6
Suzanne Maier, B.Comm. LL.B., Director
Phone: 780-415-1499
Email: [email protected]
Rod Murray, B.Comm., LL.B, Senior Claims Officer
Phone: 780-415-0203
Email: [email protected]
Michael O'Connor, B.A. LL.B, Intermediate Claims Officer
Phone: 780-427-3523
Email: [email protected]
Gulzar Abbas, Claims Officer
Phone: 780-415-0205
Email: [email protected]
Rita Garland, Claims Officer
Phone: 780-415-1557
Email: [email protected]
Razia Habibi, Claims Officer
Phone: 780-641-9778
Email: [email protected]
Joanne Massey, Claims Officer
Phone: 780-415-0207
Email: [email protected]
Greta Stan, Claims Officer
Phone: 780-427-4538
Email: [email protected]
Shelli Walker, Claims Officer
Phone: 780-644-2040
Email: [email protected]
Dorothy McNeil, Administrative Support
Phone: 780-644-3164
Email: [email protected]
Let us know if you would like a representative from the Third Party Liability unit to visit your office to present a seminar on our program and governing legislation.
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