Consultation on proposed changes to the Injury Prevention, Rehabilitation, and Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003
The deadline for submissions is now closed.
The Department of Labour and ACC are consulting on behalf of the Minister for ACC on five different regulatory proposals relating to payment for treatment in the Injury Prevention, Rehabilitation and Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003 (the Cost of Treatment Regulations). The proposals are:
- introducing a regulated price for nurse practitioners
- adding three procedures for podiatrists
- increasing the regulated price for general practitioners and nurses
- making all payments in the Cost of Treatment Regulations GST-exclusive
- making two minor technical corrections.
- Issues related to the Cost of Treatment Regulations as a whole
- How to give feedback
- Official Information Act
- Consultation on changes to the Cost of Treatment Regulations
- Part 2: incorporate three new procedures for podiatrists into the Cost of Treatment regulations
- Part 3: Rate increase for general practitioners and nurses
- Part 4: Goods and services tax
- Part 5: Technical amendments
Clause 1, Schedule 1 of the Accident Compensation Act 2001 (AC Act) describes ACC’s liability to pay or contribute to the cost of treatment for covered personal injuries. Under this clause:
- if a contract or agreement exists for the treatment provided ACC must pay or contribute to the extent required or permitted under that contract or agreement
- if no contract or agreement applies ACC is liable to pay or contribute to the extent required or permitted by regulations
- if neither a contract, nor agreement, nor regulations apply, ACC must pay or contribute to the cost of the treatment that is appropriate in the circumstances, as agreed by ACC and the treatment provider.
ACC pays for treatment by all three methods. The Cost of Treatment Regulations are enabled by section 324 of the Accident Compensation Act 2001. This section allows the making of regulations:
- prescribing the payments that ACC is liable to pay for rehabilitation (including treatment)
- prescribing the circumstances in which, and the method by which, such payment is made
- prescribing the circumstances in which, and the method by which, ACC may make arrangements and contributions for rehabilitation, and
- prescribing the persons to whom those payments may be made.
The amounts that ACC is liable to pay for treatment provided under regulations are prescribed in the Cost of Treatment Regulations and are currently GST-inclusive.
Under the Cost of Treatment Regulations, payments for specified treatments are payable to counsellors, dentists, radiologists, providers of hyperbaric oxygen treatment, medical practitioners (GPs), nurses, medical specialists, and specified treatment providers (chiropractors, occupational therapists, osteopaths, physiotherapists, podiatrists, and speech therapists).
The Cost of Treatment Regulations also include any limitations, conditions, or further descriptions in relation to prescribed prices.
Under section 324 of the AC Act the Minister for ACC is required to consult the persons or organisations the Minister considers appropriate with regard to the subject matter of the proposed regulations.
Under section 324A of the AC Act, ACC must review existing prices in the Cost of Treatment Regulations annually. However, adding or removing prices does not fall within the scope of the annual review, and any such proposals must be made separately.
This paper discusses proposed changes in five areas.
Your opinion is sought on the proposed regulation changes. If you would like to have your views taken into consideration, please respond on the attached form. If you need additional pages, please add them to the form clearly stating which proposed change you are giving feedback on.
Where to send your submission
Consultation on Cost of Treatment Regulations proposed amendments
Accident Compensation Scheme Policy
Policy and Research Group
Department of Labour
PO Box 3705
Closing date for submissions
Submissions must be received by 5:00pm on Tuesday 6 September 2011.
Official Information Act
The Department of Labour and ACC are subject to the Official Information Act 1982, which means that your submission may be made available to those seeking information under that Act.