REPORT ON ACCESS TO MEDICAL RECORDS
Navigation: Previous Page | Index
APPENDIX 4 - SENATOR NEAL'S PROPOSED AMENDMENTS TO THE HEALTH INSURANCE AMENDMENT BILL (No. 2) 1996
HEALTH INSURANCE AMENDMENT BILL (No. 2) 1996
Senator NEAL (New South Wales) I move:
(1) Page 14 (after line 9), insert:
15A After section 19AC
Insert:
19AD Medicare benefits not payable unless certain agreements entered
into
Object of section
(1) The object of this section is, so far as practicable, to allow all
Australians access to their medical records.
Definition
(2) In this section:
medical record of an individual means a record containing:
(a) information about the individual's health, including his or
her medical history; or
(b) information about any disabilities the individual has or has
had; or
(c) information provided by or for the individual in connection
with the donation by the individual of a body part or body substance
of the individual.
Requirement for agreement
(3) A medicare benefit is not payable in respect of a professional service
rendered unless the person by whom, or on whose behalf, the service was
rendered (the provider) has entered into an agreement
with the Commission in accordance with this section.
Content of agreement
(4) An agreement must provide that the provider agrees to allow access
to medical records that the provider holds about an individual if an application
is made in writing for that access by:
(a) the individual; or
(b) a person authorised in writing by the individual; or
(c) if the individual is not capable of managing his or her affairs
a person appointed by a court to manage those affairs; or
(d) if the individual is dead his or her executor or a person who may
have a claim arising out of his or her death.
(5) However, an agreement must also provide that the provider may refuse
to allow access to medical records if the provider reasonably believes
that allowing the access would be likely to cause serious harm to the
mental or physical well being of an individual.
(6) An agreement must also provide that the provider agrees to provide
that access without asking any fee unless a copy or extract is supplied
to the applicant. Such a fee must not exceed the cost of making the copy
or extract and posting it to the applicant.
(7) An agreement must also provide that the provider agrees, if a person
referred to in subsection (4) in relation to an individual makes
an application in writing to the provider to correct a medical record
that the provider holds about the individual, the provider will:
(a) if the provider is satisfied that the record is incorrect in the
way suggested in the application make the necessary correction; and
(b) if not so satisfied make a note in the appropriate part of the
medical record of the matters considered by the applicant to be incorrect;
and
(c) supply, without asking any fee, a copy of the correction or note
to the applicant.
Consequences of breach of agreement
(8) If the Commission is satisfied that a provider has breached an agreement
under this section,
(a) medicare benefits are not payable in respect of professional
services rendered by or for the provider during a specified period;
or
(b) a specified amount of medicare benefits (being not more
than $1,000 for a provider who is an individual or $5,000 for a provider
that is incorporated) is not payable in respect of professional services
rendered by or for the provider.
(9) The regulations may prescribe guidelines for the purposes of decisions
under subsection (8).
19AE Review of decisions
(1) In this section:
decision has the same meaning as in the Administrative
Appeals Tribunal Act 1975.
(2) An application may be made to the Administrative Appeals Tribunal
for review of a decision of the Commission under subsection 19AD(8). [1]
Navigation: Previous Page | Index
FOOTNOTES
[1] Senate Hansard, 13 December
1996, pp.6968-69.
Website feedback: web.senate@aph.gov.au
Last reviewed 19 September 2006 by the Senate Web Administrator
© Commonwealth of Australia
Parliament of Australia Web Site Privacy
Statement
Images courtesy of AUSPIC
|
