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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Insurance Amendment Bill (No. 1)
1997
No. ,
1997
(Health and Family Services)
9705620--1,000/25.3.1997--(56/97) Cat. No. 96 7498 5 ISBN 0644
500271
Contents
A Bill for an Act to amend the Health Insurance Act
1973, and for related purposes
The Parliament of Australia enacts:
This
Act may be cited as the Health Insurance Amendment Act (No. 1)
1997.
This Act commences on the 28th day after the day on which it receives the
Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
The amendments made by items 1, 2, 3, 6, 11 and 12 of Schedule 1 do not
apply to matters referred under section 86 of the Health Insurance Act
1973 before the commencement of this Act.
1 Paragraph 80(4)(c)
Repeal the paragraph.
2 Subsection 81(2)
Repeal the subsection.
3 Paragraphs 82(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) if the practitioner rendered or initiated the referred services as a
general practitioner—the conduct would be unacceptable to the general body
of general practitioners; or
(b) if the practitioner rendered or initiated the referred services as a
specialist (other than a consultant physician) in a particular
specialty—the conduct would be unacceptable to the general body of
specialists in that specialty; or
(c) if the practitioner rendered or initiated the referred services as a
consultant physician in a particular specialty—the conduct would be
unacceptable to the general body of consultant physicians in that specialty;
or
(d) if the practitioner rendered or initiated the referred services as
neither a general practitioner nor a specialist but as a member of a particular
profession—the conduct would be unacceptable to the general body of the
members of that profession.
4 Subsection 85(2)
Repeal the subsection.
5 At the end of paragraph
87(1)(b)
Add:
; (iv) services provided within a specified period.
6 Subsection 95(5)
Omit the subsection, substitute:
(5) If the practitioner was at that time a general practitioner, the other
Panel members referred to in paragraph (1)(b) must also be general
practitioners.
7 Paragraph 104(1)(b)
Repeal the paragraph, substitute:
(b) appear at the hearing and produce such documents as are referred to in
the notice.
8 After subsection 104(4)
Insert:
(4A) If the person under review is required by the notice under subsection
(2) to produce such documents as are referred to in the notice, the person must
appear at the hearing and produce those documents.
Penalty: 20 penalty units.
9 After section 105
Insert:
(1) The Committee may by written notice require a person (including the
person under review) to produce such documents as are referred to in the notice
prior to the hearing.
(2) The notice must be given at least 7 days before the day on which the
person is required to produce the documents.
(3) The person must produce the documents to a Committee member, or
another person nominated by a Committee member, at the time and place specified
in the notice.
Penalty: 20 penalty units.
(4) If a document is produced prior to a hearing:
(a) a Committee member may inspect the document; and
(b) a Committee member may retain the document in his or her possession
for such reasonable period as he or she thinks fit; and
(c) a Committee member may make copies of, or take extracts from, the
document.
(5) A person must not knowingly produce a document that contains a
statement that is false or misleading in a material particular, without
identifying the respects in which he or she knows it to be false or
misleading.
Penalty: 20 penalty units.
(6) A person (other than the person under review) is not excused from
producing a document under subsection (3) on the ground that the production of
the document may incriminate the person.
(7) A document produced under subsection (3), and any information or thing
(including a document) obtained as a direct or indirect result of producing the
document, is not admissible in evidence against the person in any criminal
proceedings or proceedings for recovery of a pecuniary penalty.
(8) Subsection (7) does not apply in proceedings for an offence against
subsection (5).
10 After section 106E
Insert:
A person must not:
(a) obstruct or hinder the Committee or a Committee member in the
performance of the functions of the Committee; or
(b) disrupt a hearing before the Committee.
Penalty: 20 penalty units.
11 Subdivision C of Division 4 of Part
VAA
Repeal the Subdivision.
12 Subsection 106L(1)
Repeal the subsection, substitute:
(1) The Committee must give to the Determining Officer a written report
setting out its findings on whether, in its opinion, the person under review
engaged in inappropriate practice in connection with the referred
services.
13 Subsection 106M(1)
Omit “90”, substitute “120”.
14 After section 106M
Insert:
As soon as practicable after making its report, the Committee must give a
copy of it to the Director.
15 Subsection 106P(1)
Omit “and imminent”.
16 Division 5 of Part VAA
(heading)
Repeal the heading, substitute:
17 Paragraph 106U(1)(c)
Repeal the paragraph, substitute:
(c) that the person under review repay to the Commonwealth the whole or a
part of the medicare benefit that was paid (whether or not to the person under
review) in respect of services that:
(i) were rendered by:
(A) the person under review; or
(B) an employee of the person under review; or
(C) an employee of a body corporate of which the person under review is an
officer; and
(ii) are services in connection with which the person under review is
stated in a report under section 106L to have engaged in inappropriate
practice;
and that any medicare benefit that would otherwise be payable for the
services cease to be payable;
18 Paragraph 106U(1)(d)
Repeal the paragraph.
19 Paragraph 106U(1)(f)
Omit “inappropriate service”, substitute “service in
connection with which the person is stated in a report under section 106L to
have engaged in inappropriate practice”.
20 Subsection 106U(3)
Omit “12 months”, substitute “3 years”.
21 Subsection 106U(4)
Omit “6 months”, substitute “3 years”.
22 Subsection 106U(5) (definition of
inappropriate service)
Repeal the definition.
23 After section 106U
Insert:
As soon as practicable after making a final determination, the
Determining Officer must give copies of it to the person under review and the
Director.
24 After section 106X
Insert:
(1) If the Determining Officer thinks that the material before him or her
indicates that action may be required against the person under review, the
Officer may give the material, together with a written statement of the
Officer’s concerns, to:
(a) if the person under review is a general practitioner—a body
specified in regulations made for the purposes of paragraph 3F(6)(b) or this
paragraph; or
(b) otherwise—a body specified in regulations made for the purposes
of this paragraph.
(2) The Determining Officer must not give to a body any material that
discloses the identity of a particular person unless the Officer is of the
opinion that the body needs to know the identity of that person in order to
properly carry out the body’s functions.
(3) If the Determining Officer discloses the identity of a person, the
Officer must advise the person in writing:
(a) that the person’s identity has been disclosed under this
section; and
(b) of the safeguards that apply to the information.
25 After section 108
Insert:
(1) This section applies if a member of a Tribunal reviewing a
determination is not available (for whatever reason) for the purposes of the
proceedings on the review.
(2) If the member is the President, the Minister may refer the proceedings
to another Tribunal that satisfies the requirements of section 115.
(3) If the member is not the President, the Minister may:
(a) permit, in writing, the President and the other available member to
continue with the proceedings; or
(b) refer the proceedings to another Tribunal that satisfies the
requirements of section 115.
(4) If:
(a) the Minister permits the President and the other member to continue
with the proceedings under paragraph (3)(a); and
(b) the President and the other member do not agree on the decision to be
made on the proceedings;
then the Minister may refer the proceedings to another Tribunal that
satisfies the requirements of section 115.
(5) If:
(a) the Minister permits the President and the other member to continue
the proceedings under paragraph (3)(a); and
(b) the other member stops being available (for whatever reason) for the
purposes of the proceedings;
then the Minister may refer the proceedings to another Tribunal that
satisfies the requirements of section 115.
(6) If the Minister refers proceedings to another Tribunal, the
proceedings are to be reheard by the other Tribunal.
(7) If the Minister refers proceedings to another Tribunal, the Minister
must give written notice of the referral to:
(a) the parties to the proceedings; and
(b) the President of the Tribunal from which the proceedings were referred
(the old Tribunal); and
(c) the President of the other Tribunal (the new
Tribunal).
(8) Upon the President of the old Tribunal receiving a notice under
subsection (7), the old Tribunal must:
(a) stop considering the matter to which the proceedings on review relate;
and
(b) forward to the President of the new Tribunal the material the old
Tribunal received under section 115.
26 After paragraph
115(1)(b)
Insert:
(ba) any exhibits, or copies of exhibits, received at the hearing
conducted for the purposes of that reference;
27 Section 116
Omit “from the Minister under section 115 a request for the review of
a determination”, substitute “under section 115 a request for the
review of a determination, or receives under section 108A a notice of referral
of proceedings on the review of a determination”.