Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 20BB

  (1)   If:

  (a)   a person renders a health service that is taken to be a professional service because of a determination in force under subsection   3C(1); and

  (b)   the service is taken, in accordance with the determination, to be specified in an item of the general medical services table; and

  (c)   the item mentions being referred by a medical practitioner, a general practitioner, a specialist or a consultant physician; and

  (d)   a claim is made for an amount to be paid under this Act in respect of the service;

the person must retain the referral for the period of 2 years beginning on the day the service is rendered.

  (2)   The Chief Executive Medicare may, by written notice, require the person to produce the referral to a medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) within the period specified in the notice.

  (3)   The period specified in the notice must not be less than 7 days after the day the notice is given.

  (4)   A person commits an offence of strict liability if:

  (a)   the person is required to keep a referral under subsection   (1); and

  (b)   the person is given a notice under subsection   (2); and

  (c)   the person fails to comply with the notice within the period specified in the notice.

Penalty:   5 penalty units.

  (5)   Subsection   (4) does not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (5) (see subsection   13.3(3) of the Criminal Code ).

  (6)   A medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) may make and retain copies of, or take and retain extracts from, any referral produced in accordance with a notice under subsection   (2).