MOTOR ACCIDENT INJURIES ACT 2017 - SECT 8.9 Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 8.9

8.9 Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals

(cf s 56 MACA)

(1) The regulations may make provision for or with respect to fixing the maximum amount for which an insurer is liable in respect of any claim for--

(a) the fee payable for any treatment and care of an injured person to the provider of that treatment and care (other than treatment and care that is provided to in-patients or out-patients at a hospital and for which any payment is required to be made to the hospital and not to the provider of that treatment and care), or

(b) the fee payable for any treatment and care of an injured person to a private hospital for treatment and care at the private hospital.

(2) Any such fees may (but need not) be fixed by reference to fees recommended by the Australian Medical Association or other professional association or by reference to any schedule of fees.

(3) A payment by an insurer of statutory benefits for treatment and care, or assessed by the Commission, is to be made consistently with any regulations under this section.

(4) This section does not prevent the inclusion in Motor Accident Guidelines of provision as to the appropriate allowance for fees to which this section applies and which are not fixed by regulations under this section.

(5) This section does not apply in respect of any treatment and care needs of a person who is a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006 , or any excluded treatment and care needs, that relate to the motor accident injury in respect of which the person is a participant in the Scheme and that arise during the period in which the person is a participant in the Scheme.