Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 12

12. Section 20A of the Principal Act is repealed and the following section
substituted: Assignment of Commonwealth medical benefit

''20A. (1) Where a Commonwealth medical benefit is payable to an eligible
pensioner in respect of a professional service rendered to the pensioner or to
a dependant of the eligible pensioner, the eligible pensioner may, in
accordance with the approved form, assign his right to the payment of that
benefit to the person by whom, or on whose behalf, the professional service is
rendered.

''(2) Where a practitioner determines that a pathology service is necessary to
be rendered to an eligible pensioner, the eligible pensioner may, in
accordance with the approved form, offer to assign to the approved pathology
practitioner by whom, or on whose behalf, the pathology service is to be
rendered the right of the eligible pensioner to the payment of any
Commonwealth medical benefit that may become payable to the eligible pensioner
when the service is so rendered.

''(3) An assignment the subject of an offer under sub-section (2) takes effect
if, and only if-

   (a)  the offer is accepted by the approved pathology practitioner to whom
        it is made; and

   (b)  the pathology service to which the offer relates is rendered.

''(4) Where a Commonwealth medical benefit is payable to a disadvantaged
person in respect of a professional service rendered to the disadvantaged
person or a dependant of the disadvantaged person, the disadvantaged person
and the person by whom, or on whose behalf, the professional service is
rendered (in this sub-section referred to as 'the practitioner') may enter
into an agreement, in accordance with the approved form, under which-

   (a)  the disadvantaged person assigns his right to the payment of the
        Commonwealth medical benefit to the practitioner; and

   (b)  the practitioner accepts the assignment in full payment of the medical
        expenses incurred in respect of the professional service by the
        disadvantaged person.

''(5) Where an assignment of the right to the payment of Commonwealth medical
benefit in respect of a professional service is made in accordance with an
agreement under sub-section (4), the right so assigned is a right to the
payment of an amount equal to the amount that the Commonwealth medical benefit
would be if it were calculated in accordance with the following formula: An
amount equal to 85% of the fee specified in respect of the professional
service in the table in relation to the State in which the service is
rendered.

''(6) Where a practitioner determines that a pathology service is necessary to
be rendered to a disadvantaged person, the disadvantaged person may, in
accordance with the approved form, make an offer to the approved pathology
practitioner by whom, or on whose behalf, the pathology service is to be
rendered to enter into an agreement with him under sub-section (4), when the
pathology service is so rendered, with respect to the Commonwealth medical
benefit payable in respect of the pathology service so rendered.

''(7) Where an assignment under this section takes effect, or an agreement
under this section is entered into, with respect to a Commonwealth medical
benefit, the Commonwealth medical benefit is, subject to section 20B, payable
in accordance with the assignment or the agreement, as the case may be.

''(8) A reference in this section to a person by whom a professional service
is rendered shall be read as not including a reference to a person (in this
sub-section referred to as 'the agent') who renders a professional service on
behalf of another person or of an organization, but the agent may, if so
authorized by that other person or that organization, on behalf of that other
person or that organization, accept an offer made under sub-section (2) or
enter into an agreement under sub-section (4).

''(9) An assignment of a Commonwealth medical benefit shall not be made except
in accordance with this section.''.