Assignor of medicare benefit to be given notifications etc
127 Assignor of medicare benefit to be given notifications etc
Bulk billing assignments
A person contravenes this subsection if:
the person is a professional mentioned in paragraph 20A(1)(b); and
the professional and an eligible person (the assignor) enter into an agreement under subsection 20A(1); and
the assignor asks for a copy of the terms of the agreement; and
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.
A person contravenes this subsection if:
the person is a professional mentioned in paragraph 20A(1)(b); and
the professional and an eligible person (the assignor) enter into an agreement under subsection 20A(1); and
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
the professional contravenes those regulations; and
those regulations specify that this paragraph applies.
Civil penalty: 5 penalty units.
Simplified billing assignments
A person contravenes this subsection if:
the person is an insurer or approved billing agent; and
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
the medicare benefit is paid to the insurer or approved billing agent; and
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:
in accordance with any requirements specified in the regulations; and
within 6 months of the payment.
Civil penalty: 5 penalty units.
A person contravenes this subsection if:
the person is a responsible provider mentioned in paragraph 20AAA(3)(a); and
an eligible person (the assignor) makes a request for the purposes of paragraph 20AAA(3)(a) to the responsible provider; and
the assignor asks the responsible provider for a copy of the terms of the request; and
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.
A person contravenes this subsection if:
the person is a responsible provider mentioned in paragraph 20AAA(3)(b); and
an eligible person (the assignor) makes a request for the purposes of paragraph 20AAA(3)(a) to the responsible provider; and
the responsible provider, or a person authorised by the responsible provider, modifies the request as mentioned in paragraph 20AAA(3)(b); and
the assignor asks the responsible provider for a copy of the terms of the request, as modified; and
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
A person contravenes this subsection if:
under regulations made for the purposes of paragraph 20A(6)(c), 20AAA(8)(c) or 20B(2)(c), the person is required to:
give a notification to an eligible person; or
ensure that a notification is given to an eligible person; and
the person contravenes those regulations; and
those regulations specify that this paragraph applies.
Civil penalty: 5 penalty units.
Regulations
Without limiting this section, regulations prescribing requirements for the purposes of this section in relation to the giving of a notification may specify:
requirements relating to the content of the notification to be given; and
requirements relating to the manner and form in which the notification is to be given; and
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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