repaying the costs of the NHS

Under new NHS rules, the NHS will be able to recoup monies spent on providing care to those people with a successful personal injury claim, where compensation is paid out.  It is anticipated that principle areas of liability will include motor vehicle, public and employer liability.  The new legislation does not apply in deisease cases unless the disease stems from the injury suffered.

The Injury Costs Recovery (ICR) Scheme acts as an extension to previous rules in place to enable the Government to claim back monies spent by the NHS in treating individuals specifically as a result of road traffic accidents (the RTA scheme). 

Under the ICR scheme, as well as NHS treatment costs, the costs of ambulance care and transport will also be recoverable.  These are not recoverable under the RTA scheme.

It should be noted however that the new provisions are not restricted solely to insurance companies paying out on a claim.  They go beyond this and extend to the person paying out on the compesation claim.  Insurance companies, companies and individuals could therefore find themselves liable to repay NHS charges in appropriate cases as well as compensation.

Andy Burnham, Health Minister, announced that the new rules could result in more than £150 mililon being reinvested in the NHS for patient care each year.  This is on top of the monies recovered under the existing RTA scheme which amount to more than £110 million each year. 

For further information please contact Alison McClure in the Personal Injury team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk