Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 129AAG

  (1)   If a document, extract or copy has been produced under section   129AAD in respect of a professional service, the Chief Executive Medicare, (the CEO ) or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), may do all or any of the things mentioned in subsection   (2) for the purpose of ascertaining whether the information contained in the document, extract or copy properly substantiates that an amount paid, purportedly by way of benefit or payment under this Act, in respect of the service, should have been paid.

Note:   If the information does not properly substantiate the amount, recovery action may be taken (see sections   129AC and 129ACA) and an administrative penalty may be applied (see sections   129AEA, 129AEB and 129AEC).

  (2)   The CEO or employee may:

  (a)   inspect the document, extract or copy; and

  (b)   make a copy of, or take an extract from, the document, extract or copy; and

  (c)   retain the document, extract or copy in his or her possession for such reasonable period as he or she thinks fit.

  (3)   The person otherwise entitled to possession of the document or extract is entitled to be supplied, as soon as practicable, with a copy certified by the CEO, or an employee, to be a true copy.

  (4)   The certified copy must be received in all courts and tribunals as evidence as if it were the original.

  (5)   Until a certified copy is supplied, the CEO, or an employee, must, at such times and places as he or she thinks appropriate, permit the person otherwise entitled to possession of the document or extract, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document or extract.

  (6)   This section is not limited by:

  (a)   any other provision of this Act; or

  (b)   any provision of the Human Services (Medicare) Act 1973 or any other Act;

that relates to the powers of the CEO, or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), to deal with a document, extract or copy as described in subsection   (2) of this section.

  (7)   A Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) referred to in this section may be an employee other than the employee to whom the document, extract or copy was required to be produced.