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COMMONWEALTHAct
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s 127

Assignor of medicare benefit to be given notifications etc

In force
Volume 2Parts VB to VII (s 124B to 133), Endnotes
Part VIIMiscellaneous

127 Assignor of medicare benefit to be given notifications etc

Bulk billing assignments

(1)

A person contravenes this subsection if:

(a)

the person is a professional mentioned in paragraph 20A(1)(b); and

(b)

the professional and an eligible person (the assignor) enter into an agreement under subsection 20A(1); and

(c)

the assignor asks for a copy of the terms of the agreement; and

(d)

the professional does not give the assignor a copy of the terms of the agreement as soon as practicable after the assignor asks for it.

Civil penalty: 5 penalty units.

(2)

A person contravenes this subsection if:

(a)

the person is a professional mentioned in paragraph 20A(1)(b); and

(b)

the professional and an eligible person (the assignor) enter into an agreement under subsection 20A(1); and

(c)

under regulations made for the purposes of this paragraph, the professional is required to give a notification to the assignor relating to the agreement or to a right to payment of a medicare benefit assigned under the agreement; and

(d)

the professional contravenes those regulations; and

(e)

those regulations specify that this paragraph applies.

Civil penalty: 5 penalty units.

Simplified billing assignments

(3)

A person contravenes this subsection if:

(a)

the person is an insurer or approved billing agent; and

(b)

an eligible person (the assignor) is taken to have assigned a medicare benefit to the insurer or approved billing agent under subsection 20A(2); and

(c)

the medicare benefit is paid to the insurer or approved billing agent; and

(d)

the insurer or approved billing agent does not give a notification to the assignor or, if the medicare benefit relates to a professional service rendered to another eligible person, to that other person:

(i)

in accordance with any requirements specified in the regulations; and

(ii)

within 6 months of the payment.

Civil penalty: 5 penalty units.

(4)

A person contravenes this subsection if:

(a)

the person is a responsible provider mentioned in paragraph 20AAA(3)(a); and

(b)

an eligible person (the assignor) makes a request for the purposes of paragraph 20AAA(3)(a) to the responsible provider; and

(c)

the assignor asks the responsible provider for a copy of the terms of the request; and

(d)

the responsible provider does not ensure that the assignor is given a copy of the terms of the request as soon as practicable after the assignor asks for it.

Civil penalty: 5 penalty units.

(5)

A person contravenes this subsection if:

(a)

the person is a responsible provider mentioned in paragraph 20AAA(3)(b); and

(b)

an eligible person (the assignor) makes a request for the purposes of paragraph 20AAA(3)(a) to the responsible provider; and

(c)

the responsible provider, or a person authorised by the responsible provider, modifies the request as mentioned in paragraph 20AAA(3)(b); and

(d)

the assignor asks the responsible provider for a copy of the terms of the request, as modified; and

(e)

the responsible provider does not ensure that the assignor is given a copy of the terms of the request, as modified, as soon as practicable after the assignor asks for it.

Civil penalty: 5 penalty units.

Notification obligations in regulations

(6)

A person contravenes this subsection if:

(a)

under regulations made for the purposes of paragraph 20A(6)(c), 20AAA(8)(c) or 20B(2)(c), the person is required to:

(i)

give a notification to an eligible person; or

(ii)

ensure that a notification is given to an eligible person; and

(b)

the person contravenes those regulations; and

(c)

those regulations specify that this paragraph applies.

Civil penalty: 5 penalty units.

Regulations

(7)

Without limiting this section, regulations prescribing requirements for the purposes of this section in relation to the giving of a notification may specify:

(a)

requirements relating to the content of the notification to be given; and

(b)

requirements relating to the manner and form in which the notification is to be given; and

(c)

in the case of regulations made for the purposes of paragraph (2)(c)—circumstances in which the notification must be given.

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