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HEALTH INSURANCE ACT 1973 - SECT 129AAI

Notice of decision: amounts recoverable

  (1)   If an amount is recoverable under subsection   129AC(1), (1A), (1C) or (1E) as a debt due to the Commonwealth from a person, or from an estate, the Chief Executive Medicare (the CEO ) must give written notice to the person or estate of:

  (a)   the decision to claim the amount as a debt; and

  (b)   the reasons for the decision; and

  (c)   any right of the person or estate to seek review of the decision under subsection   129AAJ(1).

  (1A)   To avoid doubt, subsection   (1) does not apply to an amount if subsection   129ACA(1) applies to the amount.

  (2)   The CEO's written notice to a person or an estate of a decision may include written notice of other decisions referred to in this section, or section   129AAH, that also are required to be given to the person or estate. The written notice may also, as appropriate, state that the CEO was not satisfied, for the purposes of subsection   129AC(1B), (1D) or (1F), that circumstances beyond a person's control existed.

  (3)   A failure to comply with the requirements of subsection   (1) does not affect the validity of the decision.

  (4)   The CEO must not serve a notice on a person or an estate claiming an amount as a debt before the end of the period of 28 days after written notice of the decision referred to in subsection   (1) is given to the person or estate.

  (5)   Subsection   (4) does not apply in relation to claiming an amount as a debt if the person or estate has notified the CEO as mentioned in subsection   129AAJ(1A) in relation to the debt.

  (6)   If:

  (a)   any of the following is given to a person in relation to a professional service rendered by the person:

  (i)   a notice under subsection   (1);

  (ii)   a notice mentioned in subsection   (4); and

  (b)   the professional service was rendered, or purportedly rendered, in or at a hospital mentioned in subsection   (7) of a State or Territory;

then, a copy of the notice may be given to the head (however described) of the Health Department (within the meaning of the National Health Reform Act 2011 ) of that State or Territory.

  (7)   For the purposes of subsection   (6), a hospital is a facility in that State or Territory for which:

  (a)   a declaration is in force under paragraph   121 - 5(6)(a) of the Private Health Insurance Act 2007 ; and

  (b)   a statement is included in the declaration (as mentioned in subsection   121 - 5(8) of that Act) that the hospital is a public hospital.


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