Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1978 No. 89 of 1978 - SECT 9

9. (1) Section 23A of the Principal Act is amended by omitting paragraph (d)
of sub-section (2) and substituting the following paragraph:

''(d) an assurance by the optometrist that, where-

        (i)    a professional service, not being-

                (A)  a service covered by item 186 that is included in a
                     course of attention to which section 13 applies; or

                (B)  a service rendered at premises owned by, or in the
                     possession of, the optometrist that are not covered by
                     the undertaking,

is rendered by the optometrist on his own behalf, or by another optometrist
acting on his behalf, to an eligible person who identifies himself to the
optometrist rendering the service as an eligible pensioner or a dependant of
an eligible pensioner; and

        (ii)   the person to whom the medical benefit in respect of that
               service is payable is an eligible person who identifies himself
               to the optometrist rendering the service as an eligible
               pensioner or a dependant of an eligible pensioner,

the optometrist will ensure that-

        (iii)  the person to whom the medical benefit is payable in respect of
               that service is asked whether he wishes to make an assignment
               under sub-section 20 (3) of his right to the payment of that
               medical benefit; and

        (iv)   if that person indicates that he so wishes-

                (A)  arrangements are made for the making of the assignment
                     under sub-section 20 (3); and

                (B)  the optometrist accepts the assignment in full payment of
                     the medical expenses in respect of that service;''.

(2) On the commencement of this section-

   (a)  the common form of undertaking in force for the purposes of the
        Principal Act immediately before the commencement of this section
        shall, by force of this paragraph, be deemed to have been varied to
        conform with the requirements of sub-section 23A (2) of the Principal
        Act, as amended by this section; and

   (b)  undertakings in relation to participating optometrists in force for
        the purposes of the Principal Act immediately before the commencement
        of this section shall, by force of this paragraph, be deemed to have
        been varied to accord with the common form of undertaking as deemed to
        have been varied by force of paragraph (a).