Introduced with the National Health Reform Amendment (Administrator and National Health Funding Body) Bill 2012, the bill: responds to the Full Federal Court decision in
Kutlu v Director of Professional Services Review (2011) 197 FCR 177 by validating certain acts; and amends the
Health Insurance Act 1973 in relation to: the judgments in
Daniel v Health Insurance Commission and Others (2003) 200 ALR 379 and
Kelly v Daniel (2004) 134 FCR 64 by requiring the Chief Executive Medicare to request the Director of Professional Services Review to review services by a person if the services have been provided in circumstances that constitute a prescribed pattern of services; allied health practitioners; the meaning of service; the extension of time in certain circumstances for final reports and determinations; the Professional Services Review Committee or Determining Authority not continuing an investigation in certain circumstances; the date of effect for final determinations; referrals to the Medicare Participation Review Committee; referrals to appropriate regulatory bodies; disqualified practitioners; details to be included in patient referrals; and technical amendments consequent on the
Legislative Instruments Act 2003.