25Review of assessor’s determination

#### 25 Review of assessor’s determination 25 Review of assessor’s determination > > (1) The Authority or a participant can refer an assessor’s determination of a dispute about the treatment and care needs of the participant for review by a Review Panel, but only on one or more of the following grounds— > > > > > (a) the availability of additional relevant information about the treatment and care needs of the participant, being information that was not available, or could not reasonably have been obtained, at the time of the assessor’s determination and that is capable of having a material effect on the determination, > > > > > (b) the assessor’s determination was not made in accordance with the LTCS Guidelines, > > > > > (c) the assessor’s determination is demonstrably incorrect in a material respect. > > > (2) An assessor’s determination can be referred for review not later than 28 days after the assessor’s certificate of determination is given to the Authority and the participant. > > > (3) The Authority is to convene a panel of 3 assessors to constitute the Review Panel for the review of an assessor’s determination. > > > (4) On its review, the Review Panel can confirm the assessor’s determination or can revoke the assessor’s determination and substitute its own determination, giving the Authority and the participant a certificate of the determination and setting out the Review Panel’s reasons for any finding on which its determination is based. > > > (5) In conducting its review, a Review Panel must take into account any written submissions prepared by or on behalf of the participant that are submitted to the Panel.