Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 20B

  (1)   Subject to this section, a claim for a medicare benefit:

  (a)   in respect of a professional service other than a professional service referred to in paragraph   (b)--shall be made in accordance with the approved form and lodged with the Chief Executive Medicare, or (in such circumstances and subject to such conditions as are prescribed by the regulations) sent to the Chief Executive Medicare in such manner as the Chief Executive Medicare determines; or

  (b)   in respect of a professional service rendered before such date (if any) as is prescribed--shall be made in accordance with the approved form and lodged with the Chief Executive Medicare, or (in such circumstances and subject to such conditions as are prescribed by the regulations) sent to the Chief Executive Medicare in such manner as the Chief Executive Medicare determines, within the period of 2 years, or such further period as is allowed in accordance with subsection   (3A), after the rendering of the service.

  (2)   A claim for a medicare benefit assigned under section   20A shall:

  (a)   be made in accordance with the approved form; and

  (b)   be lodged with the Chief Executive Medicare, or (in such circumstances and subject to such conditions as are prescribed by the regulations) sent to the Chief Executive Medicare in such manner as the Chief Executive Medicare determines, within the period of 2 years, or such longer period as is allowed in accordance with subsection   (3A), after the rendering of the professional service to which the benefit relates.

  (2A)   Without limiting paragraph   (2)(b), a determination under that paragraph may provide for a claim for a medicare benefit to be sent to the Chief Executive Medicare, in such circumstances and subject to such conditions as are prescribed by the regulations, by means of an electronic transmission.

  (3)   A claim referred to in subsection   (2) shall not be paid unless the claimant satisfies the Chief Executive Medicare that:

  (c)   in the case of an agreement under subsection   20A(1) that was signed by each party in the presence of the other--the assignor retained in his or her possession after the agreement was so signed a copy of the agreement; or

  (d)   in the case of an agreement under subsection   20A(1) that was signed by the assignor in circumstances other than those referred to in paragraph   (c)--the assignor retained in his or her possession after so signing a copy of the document so signed.

  (3A)   Upon application made by a claimant to the Minister in accordance with the approved form, the Minister may, in his or her discretion, by notice in writing served on the claimant, allow a longer period for lodging the claim than the period of 2 years referred to in paragraph   (1)(b) or (2)(b).

  (3B)   In exercising his or her power under subsection   (3A) to allow a longer period for lodging a claim, the Minister shall have regard to all matters that he or she considers relevant, including, but without limiting the generality of the foregoing, any hardship that might be caused to the claimant if a longer period is not allowed.