Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH INSURANCE ACT 1973 - SECT 23DK

Request forms and confirmation forms

             (1)  Where a pathology service has been rendered by or on behalf of an approved pathology practitioner pursuant to a request made or confirmed in accordance with section 16A, the approved pathology practitioner shall retain the written request or the written confirmation of the request for the period of 2 years commencing on the day on which the service was rendered.

          (1A)  Subsection (1) does not apply to the approved pathology practitioner in relation to a particular pathology service if:

                     (a)  at the time the service was rendered, he or she was employed by an approved pathology authority; and

                     (b)  he or she is no longer employed by the approved pathology authority; and

                     (c)  before ceasing to be so employed, he or she notified the Chief Executive Medicare in writing of the place where the written request, or written confirmation of the request, relating to the service is stored and the approved pathology authority who is retaining it;

but the approved pathology authority shall retain the written request, or written confirmation of the request, until the end of the period referred to in subsection (1).

             (2)  Where:

                     (a)  a request is made for a pathology service or pathology services in relation to a person by the practitioner, participating midwife or participating nurse practitioner who is the treating practitioner in relation to the person for the purposes of section 16A;

                     (b)  the request is in writing or is confirmed in writing; and

                     (c)  the approved pathology practitioner who received the request (the relevant pathologist ) makes a request to another approved pathology practitioner for that service, or for a service included in those services, in relation to that person;

the relevant pathologist shall retain the written request or the written confirmation of the request for the period of 2 years commencing on the day on which the request referred to in paragraph (a) is made.

          (2A)  Subsection (2) does not apply to the relevant pathologist in relation to a request if:

                     (a)  at the time the request is made, he or she was employed by an approved pathology authority; and

                     (b)  he or she is no longer employed by the approved pathology authority; and

                     (c)  before ceasing to be so employed, he or she notified the Chief Executive Medicare in writing of the place where the written request, or written confirmation of the request, relating to the service is stored and the approved pathology authority who is retaining it;

but the approved pathology authority shall retain the written request, or written confirmation of the request, until the end of the period referred to in subsection (2).

             (3)  An approved pathology practitioner or an approved pathology authority must, if requested to do so by the Chief Executive Medicare, produce to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), as soon as practicable and in any case before the end of the day after the day on which the request is made by the Chief Executive Medicare, a written request or a written confirmation of a kind required to be retained by the approved pathology practitioner or an approved pathology authority under subsection (1) or (2) or by the approved pathology authority under subsection (1A) or (2A).

             (4)  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 request or confirmation produced to the employee pursuant to subsection (3).

             (5)  Where:

                     (a)  a practitioner, a participating midwife or a participating nurse practitioner makes a request for a pathology service;

                     (b)  medicare benefit may become payable in respect of the service; and

                     (c)  the request is made otherwise than in writing;

the practitioner, participating midwife or participating nurse practitioner shall confirm the request in writing within the period of 14 days commencing on the day on which the request is made.

             (6)  Where:

                     (a)  an approved pathology practitioner (in this subsection referred to as the referring pathologist ) makes a request for a pathology service to another approved pathology practitioner;

                     (b)  medicare benefit may become payable in respect of the service; and

                     (c)  the request is made otherwise than in writing;

the referring pathologist shall confirm the request in writing within the period of 14 days commencing on the day on which the request is made.

             (7)  For the purposes of this section, where:

                     (a)  a written request or a written confirmation of a request has been recorded on film or on any other medium approved, in writing, by the Minister from time to time; or

                     (b)  in accordance with an approval, in writing, of the Minister, a request or confirmation (other than a written request or a written confirmation) has been recorded on a tape, disc, film or other medium;

for the purposes of storage and subsequent retrieval when required:

                     (c)  the retention of the record so made shall be deemed to be a retention of the request or the confirmation, as the case may be; and

                     (d)  the production, or the reproduction, of the record so made shall be deemed to be a production of the request or the confirmation, as the case may be.

             (8)  Where the Minister gives an approval for the purposes of paragraph (7)(b), the Minister may set out in the instrument of approval any conditions to which the approval is subject, and any recording that is not in accordance with such a condition shall be deemed to be not in accordance with the approval.

             (9)  A reference in this section to a request made or confirmed in accordance with section 16A includes a reference to a request made or confirmed in accordance with section 16A of this Act as in force at any time before the commencement of this section.

           (10)  A reference in this section to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner within the meaning of this Act as in force before the commencement of this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback