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.