52. Notwithstanding sections 38 and 51, a manual wheel chair, a lightweight manual wheel chair or any of their components or supplements appearing on a list in the Tariff is not insured if it is furnished to an insured person residing in a residential and long-term care centre or in a private institution under agreement referred to in the Act respecting health services and social services (chapter S-4.2) or, if such is the case, in a long-term care hospital or private institution under agreement referred to in the Act respecting health services and social services for Cree Native persons (chapter S-5) to the extent that the latter Act applies to the territory of the Cree Board of Health and Social Services of James Bay.
Notwithstanding the foregoing, a manual wheel chair or any of its components or supplements is insured, even if furnished to such an insured person, if it is shown, by means of an evaluation conducted by the persons referred to in section 72, that none of the wheel chairs on hand at such a private institution under agreement or at the public institution operating such a residential centre or such a hospital, as the case may be, can be used independently by the insured person owing to a specific disability and that the insured person will be able to maintain or develop his ability to move about only if he can independently use a manual wheel chair.
The expression “public institution” has the same meaning as that assigned by the Act respecting health services and social services. A “private institution under agreement” is an institution referred to in section 477 of the same Act.
O.C. 612-94, s. 52; Decision 001-2009, s. 25.