Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 3) 1999 NO. 159, 1999 - SCHEDULE 4

Health Insurance Act 1973

1 Section 19B

2 Subsections 106KA(1) to (3)

(1)

Subject to subsections (2) and (2A), if, during a particular period (the relevant period ), the circumstances in which some or all of the referred services were rendered or initiated constituted a prescribed pattern of services, the conduct of the person under review in connection with rendering or initiating services during that period in those circumstances is taken, for the purposes of this Part, to have constituted engaging in inappropriate practice.

(2)

If the person under review satisfies the Committee that, on a particular day or particular days during the relevant period, exceptional circumstances existed that affected the rendering or initiating of services by the person, the person's conduct in connection with rendering or initiating services on that day or those days is not taken by subsection (1) to have constituted engaging in inappropriate practice.

(2A)

However, subsection (2) does not affect the operation of subsection (1) in respect of the remaining day or days during the relevant period on which the person rendered or initiated referred services even if the circumstances in which the referred services were rendered or initiated on that day or those days would not, if considered alone, have constituted a prescribed pattern of services.

(3)

The regulations may prescribe, in relation to:

(a)

a particular profession; or

(b)

an identified group or groups of practitioners in a particular profession;