Bill 204 (Legislature 25, Session 3)

L25 S3 213

Alberta — Bills

2003 Bill 204 Third Session, 25th Legislature, 52 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 204 INSURANCE (ACCIDENT INSURANCE BENEFITS) AMENDMENT ACT, 2003 REV. ABBOTT First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bill 204 Rev. Abbott BILL 204 2003 INSURANCE (ACCIDENT INSURANCE BENEFITS) AMENDMENT ACT, 2003 (Assented to , 2003) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cI-3 1 The Insurance Act is amended by this Act. 2

Section 608(

b) is amended by adding “or 629.1” after “mentioned in

section 629”. 3

Section 629 is amended (

a) in subsection (1) by adding “and

section 629.1” after “In this section”; (

b) in subsection (9)(

a) and (

b) by adding “and

section 629.1” after “of this section”; (

c) by adding the following after subsection (9): 1

(9.1) The maximum amount prescribed under subsection (9) for medical payments and rehabilitation must not be less than $25 000 per person during the 4 years from the date of the accident in respect of which medical payments or rehabilitation expenses are claimed. 4 The following is added after

section 629: Disputes over accident insurance benefits 629.1(1) In this section, “panel” means a dispute resolution panel established pursuant to subsections (2), (3) and (4).

(2) When an insurer terminates benefits prescribed pursuant to

section 629 to an insured on the basis of a medical report and the insured objects, the insured may request that the matter be submitted to a dispute resolution panel.

(3) A panel under this

section shall consist of (

a) a physician selected by the insurer, (

b) a physician selected by the insured, and (

c) a physician selected by the insurer and the insured.

(4) In selecting a physician under subsection (3)(c), the parties must choose from a list provided by the Superintendent of Insurance.

(5) The panel must be provided with all medical reports and relevant information held by the parties.

(6) The panel may require the insured to undergo a medical examination.

(7) If an insured fails to undergo or in any way obstructs a medical examination, the insurer may suspend the payment of any prescribed medical benefits until the examination has taken place.

(8) In its report, the panel must indicate whether it agrees with the reasons for the insurer’s decision to discontinue medical benefits. 2

(9) If the panel members do not all agree on a report, then a decision by a majority is the decision of the panel.

(10) Copies of the panel’s report must be provided to the insurer and the insured.

(11) The panel’s decision on the medical condition of the insured for the purposes of paying medical benefits is binding on the insurer.

(12) The insurer must pay (

a) the costs of the panel, and (

b) the costs of any medical examination required by the panel. 5 This Act comes into force on Proclamation.

Explanatory Notes 1 Amends

chapter I-3 of the Revised Statutes of Alberta 2000. 2

Section 608 presently reads: 608 In this Subpart, (a) “contract” means a contract of automobile insurance; (b) “insured” means a person insured by a contract whether named or not and includes any person who is stated in a contract to be entitled to benefits payable under the insurance mentioned in

section 629 whether described in the contract as an insured person or not. 3

Section 629(1) and (9) presently read:

(1) In this section, (a) “benefits” means accident insurance benefits provided for in this

section or in regulations made under subsection (9)(c); (b) “prescribed” means provided for by regulations made under this section.

(9) The Lieutenant Governor in Council may make regulations Explanatory Notes 1

(

a) respecting any matter or thing t hat may or is to be prescribed for the purposes of this section; (

b) defining for the purposes of th is

section any expression used in it; (

c) increasing the amount of any of the benefits. 4 New

section regarding disputes over accident insurance benefits. Explanatory Notes 2

Explanatory Notes 3 5 Coming into force. Title: 2003 (25th, 3rd) Bill 204, Insurance (Accident Insurance Benefits) Amendment Act, 2003

Document details

Collection	Alberta — Bills
Citation	L25 S3 213
Type	bill
Volume / chapter	L25 S3 213
Language	en
Format	json
Source	PROVINCIAL
Identifier	7cfcc6e9337c2599a6859b462fa0b9bc762677fc

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