APPENDIX 4 - SENATOR NEAL'S PROPOSED AMENDMENTS TO THE HEALTH INSURANCE AMENDMENT BILL (No. 2) 1996


Senate Community Affairs Committees

REPORT ON ACCESS TO MEDICAL RECORDS

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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:

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:

(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:

Consequences of breach of agreement

(8) If the Commission is satisfied that a provider has breached an agreement under this section,

(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]

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FOOTNOTES

[1] Senate Hansard, 13 December 1996, pp.6968-69.