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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Legislation Amendment
(Data-matching and Other Matters) Bill
2019
No. , 2019
(Health)
A Bill for an Act to amend the law relating to
health, and for related purposes
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Data-matching
3
Part 1--Main amendments
3
National Health Act 1953
3
Part 2--Other amendments
10
National Health Act 1953
10
Part 3--Consequential amendments
11
Health Insurance Act 1973
11
Privacy Act 1988
11
Private Health Insurance Act 2007
11
Therapeutic Goods Act 1989
12
Schedule 2--Other amendments
13
Part 1--Professional Services Review Scheme
13
Health Insurance Act 1973
13
Military Rehabilitation and Compensation Act 2004
15
Part 2--Other amendments
16
Health Insurance Act 1973
16
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
1
A Bill for an Act to amend the law relating to
1
health, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Health Legislation Amendment (Data-matching and
5
Other Matters)
Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Data-matching
Schedule 1
Main amendments
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
3
Schedule 1--Data-matching
1
Part 1--Main amendments
2
National Health Act 1953
3
1 After Part VIII
4
Insert:
5
Part VIIIA--Data-matching
6
7
132A Definitions
8
In this Part:
9
authorised Commonwealth entity
means a Commonwealth entity
10
that is authorised under subsection 132B(2) to match information
11
under subsection 132B(1) on the Chief Executive Medicare's
12
behalf.
13
Commonwealth entity
has the same meaning as in the
Public
14
Governance, Performance and Accountability Act 2013
.
15
general treatment
has the same meaning as in the
Private Health
16
Insurance Act 2007
.
17
Health Practitioner Regulation National Law
means:
18
(a) for a State or Territory other than Western Australia--the
19
Health Practitioner Regulation National Law set out in the
20
Schedule to the
Health Practitioner Regulation National Law
21
Act 2009
(Qld), as it applies (with or without modification) as
22
a law of the State or Territory; or
23
(b) for Western Australia--the
Health Practitioner Regulation
24
National Law (WA) Act 2010
(WA), so far as that Act
25
corresponds to the Health Practitioner Regulation National
26
Law set out in the Schedule to the
Health Practitioner
27
Regulation National Law Act 2009
(Qld).
28
Schedule 1
Data-matching
Part 1
Main amendments
4
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
inappropriate practice
has the same meaning as in Part VAA of
1
the
Health Insurance Act 1973
.
2
permitted purpose
: each of the following is a
permitted purpose
3
for the matching of data:
4
(a) identifying whether a person may have, under a medicare
5
program, claimed or been paid a benefit that exceeds the
6
amount of the benefit that was payable to the person;
7
(b) recovering overpayments of benefits under a medicare
8
program;
9
(c) detecting or investigating contraventions of a law of the
10
Commonwealth relating to a medicare program;
11
(d) detecting or investigating whether a person may have
12
engaged in inappropriate practice;
13
(e) analysing services, benefits, programs or facilities that are
14
provided for under a medicare program, in connection with
15
the purposes mentioned in paragraphs (a) to (d);
16
(f) educating healthcare providers about medicare program
17
requirements.
18
Note:
The
Privacy Act 1988
contains provisions relevant to the use and
19
disclosure of information under this Act.
20
personal information
has the same meaning as in the
Privacy Act
21
1988
.
22
132B Data-matching by the Chief Executive Medicare
23
(1) Subject to this Part, the Chief Executive Medicare may, for a
24
permitted purpose, match any of the following information:
25
(a) information that is held or has been obtained by the Chief
26
Executive Medicare for the purpose of a medicare program;
27
(b) therapeutic goods information (within the meaning of
28
subsection 61(1) of the
Therapeutic Goods Act 1989
) that has
29
been disclosed under subsection 132C(1) of this Act;
30
(c) information that has been disclosed to the Chief Executive
31
Medicare under section 132D;
32
(d) information that has been provided to the Chief Executive
33
Medicare in accordance with the Health Practitioner
34
Regulation National Law for a State or Territory;
35
Data-matching
Schedule 1
Main amendments
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
5
(e) information that has been provided to the Chief Executive
1
Medicare in accordance with any of the following Acts:
2
(i) the
Australian Participants in British Nuclear Tests and
3
British Commonwealth Occupation Force (Treatment)
4
Act 2006
;
5
(ii) the
Military Rehabilitation and Compensation Act 2004
;
6
(iii) the
Safety, Rehabilitation and Compensation
7
(Defence-related Claims) Act 1988
;
8
(iv) the
Treatment Benefits (Special Access) Act 2019;
9
(v) the
Veterans' Entitlements Act 1986
;
10
(f) any other information that may be lawfully provided to the
11
Chief Executive Medicare (other than information that may
12
only be obtained by the Chief Executive Medicare for the
13
purpose of performing functions under the
My Health
14
Records Act 2012
).
15
Note 1:
For the purposes of paragraph (1)(a)--to avoid doubt, information that
16
is held or has been obtained by the Chief Executive Medicare for the
17
purpose of a medicare program includes information in a document
18
that has been produced to the Chief Executive Medicare or to a
19
Departmental employee (within the meaning of the
Human Services
20
(Medicare) Act 1973
) in accordance with section 129AAD of the
21
Health Insurance Act 1973
.
22
Note 2:
This subsection constitutes an authorisation for the purposes of the
23
Privacy Act 1988
.
24
Data-matching by authorised Commonwealth entity on Chief
25
Executive Medicare's behalf
26
(2) Subject to this Part, the Chief Executive Medicare may, in writing,
27
authorise a Commonwealth entity to match information under
28
subsection (1) on the Chief Executive Medicare's behalf for a
29
permitted purpose.
30
Note:
This subsection constitutes an authorisation for the purposes of the
31
Privacy Act 1988
.
32
(3) An authorised Commonwealth entity:
33
(a) must comply with any other terms and conditions relating to
34
the matching of the information that are determined, in
35
writing, by the Chief Executive Medicare; and
36
Schedule 1
Data-matching
Part 1
Main amendments
6
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
(b) must, if requested to do so by the Chief Executive Medicare,
1
disclose the results of the matching to the Chief Executive
2
Medicare.
3
Information must not be matched until Minister's principles have
4
commenced
5
(4) Information must not be matched under subsection (1) by the Chief
6
Executive Medicare or an authorised Commonwealth entity until
7
after the principles made by the Minister under subsection 132F(1)
8
have commenced.
9
132C Secretary may disclose therapeutic goods information to the
10
Chief Executive Medicare
11
(1) The Secretary may disclose to the Chief Executive Medicare
12
therapeutic goods information (within the meaning of
13
subsection 61(1) of the
Therapeutic Goods Act 1989
) for the
14
purpose of facilitating the matching of that information under
15
subsection 132B(1).
16
Note:
This subsection constitutes an authorisation for the purposes of the
17
Privacy Act 1988
.
18
(2) The Chief Executive Medicare may use information disclosed in
19
accordance with subsection (1) for the purpose of facilitating the
20
matching of that information under subsection 132B(1).
21
132D Private health insurer may disclose information about hospital
22
or general treatment to the Chief Executive Medicare
23
(1) A private health insurer may disclose to the Chief Executive
24
Medicare information relating to hospital treatment or general
25
treatment provided to a person who is insured under an insurance
26
policy of the insurer, for the purpose of facilitating the matching of
27
that information under subsection 132B(1), if:
28
(a) the insurance policy was taken out after the commencement
29
of this section; or
30
(b) the insurance policy provided that information of that kind
31
may be disclosed if the disclosure is authorised under an
32
Australian law; or
33
Data-matching
Schedule 1
Main amendments
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
7
(c) the insurer had notified the person under subclause 5.1 of the
1
Australian Privacy Principles in Schedule 1 to the
Privacy
2
Act 1988
that information of that kind may be disclosed if the
3
disclosure is authorised under an Australian law.
4
Note:
This subsection constitutes an authorisation for the purposes of the
5
Privacy Act 1988
.
6
(2) A private health insurer may disclose the information under
7
subsection (1) on the private health insurer's own initiative, or on
8
request by the Chief Executive Medicare.
9
(3) If information is disclosed to the Chief Executive Medicare in
10
accordance with subsection (1), the disclosure is taken to be an
11
authorised disclosure for the purposes of section 323-1 of the
12
Private Health Insurance Act 2007
.
13
132E Breach of provision of this Part is an interference with privacy
14
A breach of a provision of this Part in relation to an individual
15
constitutes an act or practice involving interference with the
16
privacy of the individual for the purposes of section 13 of the
17
Privacy Act 1988
.
18
Note:
The act or practice may be the subject of a complaint under section 36
19
of the
Privacy Act 1988
.
20
132F Data-matching principles
21
(1) The Minister must, by legislative instrument, make principles in
22
relation to the matching of information under subsection 132B(1)
23
by:
24
(a) the Chief Executive Medicare; and
25
(b) an authorised Commonwealth entity.
26
(2) Without limiting subsection (1), the principles must:
27
(a) require the Chief Executive Medicare to establish and
28
maintain a publicly available register of the kinds of
29
information matched by the Chief Executive Medicare or an
30
authorised Commonwealth entity under subsection 132B(1);
31
and
32
Schedule 1
Data-matching
Part 1
Main amendments
8
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
(b) require the Chief Executive Medicare to keep records of
1
information matched by the Chief Executive Medicare under
2
subsection 132B(1); and
3
(c) require an authorised Commonwealth entity to keep records
4
of information matched by the Commonwealth entity under
5
subsection 132B(1); and
6
(d) require the Chief Executive Medicare and an authorised
7
Commonwealth entity to take reasonable steps to destroy
8
personal information that has been matched under
9
subsection 132B(1) if the information is no longer needed for
10
any purpose for which the information was matched; and
11
(e) require the Chief Executive Medicare and an authorised
12
Commonwealth entity to take reasonable steps to ensure that
13
personal information that is matched under
14
subsection 132B(1) is accurate, complete and up to date; and
15
(f) require the Chief Executive Medicare and an authorised
16
Commonwealth entity not to match information for a
17
permitted purpose under subsection 132B(1) unless the Chief
18
Executive Medicare is satisfied that the matching is
19
reasonably necessary for that purpose.
20
(3) In making principles under subsection (1), the Minister must take
21
into account the guidelines (if any) on data-matching in Australian
22
Government administration made by the Information
23
Commissioner under paragraph 28(1)(a) of the
Privacy Act 1988
.
24
2 After subsection 135A(5C)
25
Insert:
26
(5D) Notwithstanding anything in subsection (1), the Secretary or the
27
Chief Executive Medicare may provide information to an
28
authorised Commonwealth entity (within the meaning of
29
Part VIIIA) for the purpose of facilitating the matching of that
30
information by the Commonwealth entity under
31
subsection 132B(1).
32
3 After subsection 135AA(5B)
33
Insert:
34
Data-matching
Schedule 1
Main amendments
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
9
(5C) Nothing in this section, or in the rules issued by the Information
1
Commissioner, precludes the matching of information under
2
subsection 132B(1) or the operation of Part VIIIA generally.
3
4 Application
--information collected etc. before
4
commencement
5
Section 132B of the
National Health Act 1953
, as inserted by this Part,
6
applies in relation to information collected, accessed or obtained before,
7
on or after the commencement of this item.
8
Schedule 1
Data-matching
Part 2
Other amendments
10
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
Part 2--Other amendments
1
National Health Act 1953
2
5 At the end of section 6
3
Add:
4
(9) The Chief Executive Medicare may, either generally or as
5
otherwise provided by the instrument of delegation, by writing
6
signed by the Chief Executive Medicare, delegate to a person all or
7
any of the Chief Executive Medicare's powers under this Act, the
8
regulations or another legislative instrument under this Act, other
9
than this power of delegation.
10
(10) A power so delegated under subsection (9), when exercised by the
11
delegate, is, for the purposes of this Act, the regulations or another
12
legislative instrument under this Act, taken to have been exercised
13
by the Chief Executive Medicare.
14
(11) A delegate under subsection (9) is, in the exercise of a power so
15
delegated, subject to the directions (if any) of the Chief Executive
16
Medicare.
17
(12) A delegation under subsection (9) does not prevent the exercise of
18
a power by the Chief Executive Medicare.
19
Data-matching
Schedule 1
Consequential amendments
Part 3
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
11
Part 3--Consequential amendments
1
Health Insurance Act 1973
2
6 After subsection 130(5H)
3
Insert:
4
(5J) Notwithstanding anything contained in the preceding provisions of
5
this section, a person may divulge information to a Commonwealth
6
entity for the purpose of facilitating the matching of that
7
information by the Commonwealth entity under
8
subsection 132B(1) of the
National Health Act 1953
.
9
Privacy Act 1988
10
7 At the end of subsection 33C(1)
11
Add:
12
; (f) whether the matching of information under Part VIIIA of the
13
National Health Act 1953
, and the handling of information
14
relating to that matching, is in accordance with that Part,
15
including:
16
(i) any terms and conditions relating to the matching of the
17
information determined by the Chief Executive
18
Medicare under paragraph 132B(3)(a) of that Act; and
19
(ii) the principles made by the Minister under
20
subsection 132F(1) of that Act.
21
Private Health Insurance Act 2007
22
8 At the end of section 323-1
23
Add:
24
Note:
A disclosure in accordance with subsection 132D(1) of the
National
25
Health Act 1953
is also taken to be an
authorised disclosure
for the
26
purposes of this section: see subsection 132D(3) of the
National
27
Health Act 1953
.
28
Schedule 1
Data-matching
Part 3
Consequential amendments
12
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
Therapeutic Goods Act 1989
1
9 At the end of subsection 61(8)
2
Add:
3
Note:
The Secretary may also disclose therapeutic goods information
4
provided to the Department to the Chief Executive Medicare for the
5
purpose of certain data-matching: see section 132C of the
National
6
Health Act 1953
.
7
Other amendments
Schedule 2
Professional Services Review Scheme
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
13
Schedule 2--Other amendments
1
Part 1--Professional Services Review Scheme
2
Health Insurance Act 1973
3
1 Subsection 81(1)
4
Insert:
5
relevant DVA law
means any of the following:
6
(a) the
Australian Participants in British Nuclear Tests and
7
British Commonwealth Occupation Force (Treatment) Act
8
2006
;
9
(b) Chapter 6 of the
Military Rehabilitation and Compensation
10
Act 2004
;
11
(c) the
Safety, Rehabilitation and Compensation
12
(Defence-related Claims) Act 1988
;
13
(d) the
Treatment Benefits (Special Access) Act 2019;
14
(e) Part V of the
Veterans' Entitlements Act 1986
;
15
(f) any other Commonwealth law prescribed by the regulations
16
for the purposes of this paragraph.
17
2 Subsection 81(1) (after paragraph (b) of the definition of
18
service
)
19
Insert:
20
; or (c) a service that:
21
(i) has been rendered in connection with the provision of
22
treatment under a relevant DVA law; and
23
(ii) is of a kind that, if the service had not been rendered in
24
connection with the provision of treatment under the
25
relevant DVA law, medicare benefit or dental benefit
26
would have been payable in respect of the service.
27
3 Subsection 82(1)
28
After "initiating services", insert "(other than a service of a kind
29
referred to in paragraph (c) of the definition of
service
in
30
subsection 81(1))".
31
Schedule 2
Other amendments
Part 1
Professional Services Review Scheme
14
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
4 After paragraph 92(2)(c)
1
Insert:
2
(ca) if an amount has been paid (whether or not to the person) for
3
treatment under a relevant DVA law relating to services
4
referred to in paragraph (1)(a)--that the person is to repay to
5
the Commonwealth an amount equal to the whole or a
6
specified part of the amount paid for the treatment;
7
(cb) that any amount for treatment under a relevant DVA law that
8
would otherwise be payable for services referred to in
9
paragraph (1)(a) is to cease to be payable;
10
5 At the end of subsection 92(4)
11
Add:
12
; and (f) if the agreement provides for the person under review to pay
13
to the Commonwealth an amount equal to the whole or a
14
specified part of the amount paid for treatment under a
15
relevant DVA law and the amount or part of the amount is
16
not paid--the unpaid amount is a debt due by the person to
17
the Commonwealth and is recoverable by action in any court
18
of competent jurisdiction.
19
6 After paragraph 106U(1)(cb)
20
Insert:
21
(d) that any amount for treatment under a relevant DVA law that
22
would otherwise be payable for a service in the provision of
23
which the person is stated in a report under section 106L to
24
have engaged in inappropriate practice ceases to be payable;
25
(da) if an amount has been paid (whether or not to the person
26
under review) for treatment under a relevant DVA law
27
relating to a service:
28
(i) that was rendered or initiated by the person under
29
review or an associated person; and
30
(ii) in connection with the rendering or initiation of which
31
the person under review or an associated person is
32
stated in a report under section 106L (other than a report
33
based on a finding made under subsection 106K(2) or
34
106KB(3)) to have engaged in inappropriate practice;
35
Other amendments
Schedule 2
Professional Services Review Scheme
Part 1
No. , 2019
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
15
that the person under review repay to the Commonwealth the
1
whole or a part of the amount paid for that service;
2
7 Application
3
The amendments of the
Health Insurance Act 1973
made by this Part
4
apply in relation to services provided on or after the commencement of
5
this item.
6
Military Rehabilitation and Compensation Act 2004
7
8 Subsection 409(2) (after table item 2A)
8
Insert:
9
10
2B
The Secretary of the
Health Department
A purpose of the Health Department
2C
The Chief Executive
Medicare (within the
meaning of the
Human
Services (Medicare) Act
1973
)
A purpose relating to the exercise of the Chief
Executive Medicare's powers or the performance
of the Chief Executive Medicare's functions
Schedule 2
Other amendments
Part 2
Other amendments
16
Health Legislation Amendment (Data-matching and Other Matters)
Bill 2019
No. , 2019
Part 2--Other amendments
1
Health Insurance Act 1973
2
9 Before paragraph 129AEF(1)(a)
3
Insert:
4
(aaa) an unpaid amount under paragraph 92(4)(e) or (f);
5