70Payment of hospital, ambulance, medical and other

70 Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement (1) This section applies to each payment mentioned in subsection (2) if payment for the expenses to which the payment relates— (a) has not been made; and (b) is not required to be made under a bulk billing arrangement. (2) For subsection (1), the payments are the following: (a) payment for the treatment of participants in the LTCS scheme at hospitals; (b) payment for conveying participants in the LTCS scheme by ambulance; (c) payment for any medical or dental treatment of, or rehabilitation services provided to, participants in the LTCS scheme. (3) The rate at which a payment mentioned in subsection (2) must be made by the LTCS commissioner is as follows: (a) for treatment at a public hospital—the rate determined by the Minister for Health; (b) for treatment or a service for which a maximum rate is fixed under section 71—the maximum rate fixed under section 71;

(c) in any other case—the rate reasonably appropriate to the treatment or service, having regard to the customary charge made in the community for the treatment or service. (4) A determination under subsection (3) (a) is a notifiable instrument. (5) If the LTCS commissioner does not make a payment mentioned in subsection (2), the body or person who provided the treatment or service to which the payment relates may recover the payment from the LTCS commissioner as a debt in a court of competent jurisdiction or the ACAT.