Recovery of NHS Treatment Costs - John Dougall MBA FCII MCIArb
At the end of January, the latest requirement upon Compensators to pay for a benefit traditionally borne by National Insurance funding took effect. It is now necessary for a Compensator facing a claim under Public or Employers’ Liability covers (and direct funding of the risks, where such may arise) to meet the cost of NHS treatment - up to a specified limit – that is given to an individual who later pursues a compensation claim for the injury.
The change is one which had been mooted for several years. It was first raised within the Health & Social Care (Community Health and Standards) Act 2003, at which point is was expected to be introduced from 1st April 2005. In practice, the effective date was the 29th of January 2007. Disease claims are, thankfully, exempted. Although not a retrospective requirement, it does mean that for accidents happening on or after this date the Compensator faces an additional financial liability. It becomes incumbent upon the Compensator to seek a Certificate of NHS Charges, which is valid at the point of settlement and to pay over the amount shown when damages are provided to the claimant. The level of charges are intended to reflect ‘average’ treatment costs; so on occasions the figure levied for simple treatment will offset the charge for complex intensive care, the true cost of which exceed the average.
