Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 124E

Chairperson to establish Medicare Participation Review Committee

  (1)   Except where subsection   (2) or (5) applies, where:

  (a)   a Chairperson receives a notice under section   124D in relation to a conviction or pecuniary penalty order; and

  (b)   an appeal, or an application for an extension of the time for instituting an appeal, against the conviction or order, is not pending;

the Chairperson must establish a Medicare Participation Review Committee.

  (2)   Where:

  (a)   a Chairperson receives a notice under section   124D in relation to a practitioner; and

  (b)   a Medicare Participation Review Committee has already been established under subsection   (1) in relation to the practitioner; and

  (c)   the Committee has yet to make a determination in relation to the practitioner;

the Chairperson must, as soon as practicable, bring the notice to the attention of the Committee.

  (3)   Subject to subsection   (5), upon receiving a notice under subsection   23DL(4) in relation to an approved pathology practitioner or an approved pathology authority, a Chairperson must establish a Medicare Participation Review Committee.

  (5)   Where a Chairperson who is given a notice under section   124D or subsection   23DL(4) has a direct or indirect interest (whether pecuniary or otherwise) in a matter that is about to be the subject of proceedings before a Committee that the Chairperson would, but for this subsection, be required to establish under subsection   (1) or (3):

  (a)   the Chairperson must immediately inform the Minister of that interest; and

  (b)   the Chairperson must not establish the Committee; and

  (c)   the Minister must give another notice in the same terms to another Chairperson.


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