Commonwealth Consolidated Acts

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Breach of condition of Bonded Medical Program--medicare benefits not payable

  (1)   Subject to subsection   (4), a medicare benefit is not payable in respect of a professional service rendered by, or on behalf of, a medical practitioner who:

  (a)   was a bonded participant covered by subsection   124ZE(3); and

  (b)   breached the condition mentioned in paragraph   124ZG(1)(c) when the medical practitioner was a bonded participant.

  (2)   The period during which medicare benefits are not payable under subsection   (1) is a period of 6 years from the day the breach occurs (even if this period extends beyond the 18 year period mentioned in paragraph   124ZF(2)(a)).

  (3)   This section applies whether or not the medical practitioner was a medical practitioner at the time the breach occurred.

  (4)   This section does not apply to a person who is a medical practitioner if:

  (a)   a determination is made under subsection   124ZEA(3) that exceptional circumstances apply in relation to the person; and

  (b)   the written notice of the determination includes a statement that the Secretary is satisfied that the person breached the condition mentioned in paragraph   124ZG(1)(c) as a result of those exceptional circumstances.

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