36 (1) In this section, “Plan” means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act.  1998, c. 18, Sched. G, s. 60 (3). Plan to reimburse facility fee (2)  Where the Director is satisfied that a person has paid a facility fee all or part of which was charged in contravention of section 3, the Director may direct that the amount of the facility fee that was charged in contravention of section 3 be paid to the person out of the Plan.  R.S.O. 1990, c. I.3, s. 36 (2). Fee is debt to Plan (3) The person who charged the facility fee referred to in subsection (2) is indebted to the Plan for an amount equal to the amount paid out of the Plan under subsection (2) and the administrative charge prescribed by the regulations.  R.S.O. 1990, c. I.3, s. 36 (3). Set-off against Plan (4) If the person who charged the facility fee referred to in subsection (2) is a person who submits accounts directly to the Plan, then, subject to subsections (5), (6) and (8), part or all of the money owed to the Plan under subsection (3) may be recovered by set-off against any money payable to the person by the Plan.  R.S.O. 1990, c. I.3, s. 36 (4). Notice of proposed set-off (5) The Director shall serve notice of the proposed set-off referred to in subsection (4), together with written reasons therefor, on the person who is indebted to the Plan.  R.S.O. 1990, c. I.3, s. 36 (5). Notice requiring hearing by Board (6) A notice under subsection (5) shall inform the person that he or she is entitled to a hearing by the Board if the person mails or delivers, within fifteen days after the notice under subsection (5) is served on the person, notice in writing requiring a hearing to the Director and the Board, and the person may so require a hearing.  R.S.O. 1990, c. I.3, s. 36 (6). Powers where no hearing (7) Where a person does not require a hearing by the Board in accordance with subsection (6), the proposed set-off stated in the notice under subsection (5) may be carried out.  R.S.O. 1990, c. I.3, s. 36 (7). Powers of Board where hearing (8) Where a person requires a hearing by the Board, the Board shall appoint a time for and hold the hearing and the Board may by order direct that the proposed set-off be carried out or refrained from being carried out, and for such purposes, the Board may substitute its opinion for that of the Director.  R.S.O. 1990, c. I.3, s. 36 (8). Extension of time for requiring hearing (9) The Board may extend the time for the giving of notice requiring a hearing by a person under this section either before or after expiration of such time where it is satisfied that there are grounds for granting relief to the person following upon a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. I.3, s. 36 (9). ss. 21, 22 apply (10) Sections 21 and 22 apply with necessary modifications to a hearing and decision by the Board under this section.  R.S.O. 1990, c. I.3, s. 36 (10). Disclosure of information (11) Despite subsection 38 (1) of the Health Insurance Act, the General Manager may furnish to, (a)  a member of the Board; (b)  the person who was charged or who paid the facility fee; (c)  the person who charged or accepted payment of the facility fee and counsel for the person; (d)  any person engaged in the administration of this Act or the regulations or any proceedings under this Act or the regulations; (e)  any other person with the consent of the person to whom the services were provided in respect of which the facility fee was charged, information pertaining to the nature of the services provided, the date or dates on which the services were provided and for whom, the name and address of the person who provided the services, the amounts paid or payable by the Plan for such services, and the persons to whom the fee for the insured service and the facility fee were paid or are payable, for the purpose of this section.  R.S.O. 1990, c. I.3, s. 36 (11). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 60 (3) - 1/02/1999