Reasonable and necessary decision making in the Lifetime Care and Support Scheme


PART 6 – Reasonable and necessary decision making in the LTCS scheme

This part of the Lifetime Care and Support Guidelines is issued under section 93 of the Lifetime Care and Support (Catastrophic Injuries) Act 2014 (LTCS Act).

To avoid requirements that might be unreasonable in the circumstances on any participant, the Lifetime Care and Support Commissioner of the ACT (LTCS Commissioner) may waive observance of any part or parts of these LTCS Guidelines.

  1. Treatment, rehabilitation and care
  2. The LTCS Commissioner will pay the participant's reasonable and necessary treatment, rehabilitation and care services related to the motor accident injury. Treatment and care needs are defined in Section 9 of the LTCS Act to include:

Rehabilitation is the process of restoring or attempting to restore the person, through the combined and co-ordinated use of medical, social, educational and vocational measures, to the maximum level of function of which the person is capable or which the person wishes to achieve and includes placement in employment and all forms of social rehabilitation such as family counselling, leisure counselling and training for independent living.

There may be items that are related to the motor accident injury that are reasonable and necessary in the circumstances but are not regarded as treatment, rehabilitation and care services under the scope of the LTCS Act or regulations. In this case, the LTCS Commissioner will not fund any such services or supports but may work with service providers to facilitate access to such services where there may need to be congruence with treatment, rehabilitation and care services funded by the LTCS Commissioner.

The LTCS Commissioner will not fund:

  • "Reasonable and necessary" criteria
  • Section 30(5) of the LTCS Act requires that the LTCS Commissioner pay the participant's reasonable and necessary treatment, rehabilitation and care expenses related to the motor accident injury. Each request will be dealt with on a case by case basis, and decided taking into account the "reasonable and necessary" criteria below.

    That a specific treatment, service or item of equipment is not the subject of a specific policy does not mean that the LTCS Commissioner will not pay the costs of that service or equipment if it is reasonable and necessary in the circumstances and relates to the motor accident injury in respect of which the person is a participant in the LTCS Scheme.

    Service providers need to give the LTCS Commissioner adequate documentation, outlining the reasons to support their requests, for treatment, rehabilitation and attendant care services. The LTCS Commissioner will use this information to make decisions on whether requests are reasonable and necessary.

    A number of factors are considered, including the following:

    The following factors will help to identify whether a request is reasonable and necessary.

    2.1  Benefit to the participant

    Information or benefit to the participant will be gained by the proposed service:

    2.2  Appropriateness of service or request

    The proposed service is appropriate for the participant's injury:

    2.3  Appropriateness of provider

    The proposed service provider is appropriate:

    2.4  Cost effectiveness considerations

    The proposed service is cost effective:

    2.5  Relationship to motor accident injury

    There is sufficient evidence to demonstrate that the service relates to the injury sustained in the motor accident including exacerbation of pre-existing injuries. Time since injury, subsequent injuries and comorbidities should be considered.

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