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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Insurance Amendment
(Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
(Health)
A Bill for an Act to amend the
Health Insurance Act
1973
, and for related purposes
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to the Bonded Medical
Program
3
Health Insurance Act 1973
3
Schedule 2--Amendments relating to MRBS contracts
12
Health Insurance Act 1973
12
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
1
A Bill for an Act to amend the
Health Insurance Act
1
1973
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Health Insurance Amendment (Enhancing the
5
Bonded Medical Program and Other Measures) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to the Bonded Medical Program
Schedule 1
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
3
Schedule 1--Amendments relating to the
1
Bonded Medical Program
2
3
Health Insurance Act 1973
4
1 Subsection 3(1)
5
Insert:
6
extended compliance determination
has the meaning given by
7
subsection 124ZUA(1).
8
RoSO compliance period
means the period referred to in
9
paragraph 124ZF(2)(a).
10
2 Subsection 124ZE(4)
11
Repeal the subsection, substitute:
12
When a person ceases to be a bonded participant
13
(4) If:
14
(a) a person is a bonded participant; and
15
(b) any of the following events occur:
16
(i) the person completes their return of service obligation;
17
(ii) the person withdraws from, or is barred from, a course
18
of study in medicine at an Australian university;
19
(iii) the person breaches the condition mentioned in
20
paragraph 124ZG(1)(c);
21
(iv) the person withdraws from the Bonded Medical
22
Program in accordance with section 124ZP;
23
(v) the person dies;
24
(vi) the Secretary makes a determination under
25
subsection 124ZEA(3) that exceptional circumstances
26
apply in relation to the person;
27
the person ceases to be a
bonded participant
immediately after the
28
first of those events occurs.
29
Schedule 1
Amendments relating to the Bonded Medical Program
4
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
3 At the end of Subdivision A of Division 1 of Part VD
1
Add:
2
124ZEA Determination that exceptional circumstances apply in
3
relation to a person
4
(1) If:
5
(a) a person (the
affected person
) is or was a bonded participant;
6
or
7
(b) a person is a legal personal representative of an affected
8
person who:
9
(i) is deceased; or
10
(ii) lacks capacity to make an application under this section;
11
the affected person, or the legal personal representative, may apply
12
to the Secretary for a determination that exceptional circumstances
13
apply in relation to the affected person.
14
(2) The application must:
15
(a) be made in writing; and
16
(b) set out the exceptional circumstances that apply in relation to
17
the affected person; and
18
(c) set out any other information specified in the Bonded
19
Medical Program rules; and
20
(d) be accompanied by any documents specified in the Bonded
21
Medical Program rules.
22
(3) If an applicant makes an application under subsection (1), the
23
Secretary may determine that exceptional circumstances apply in
24
relation to the affected person.
25
(4) In determining whether exceptional circumstances apply in relation
26
to the affected person, the Secretary must have regard to any matter
27
specified in the Bonded Medical Program rules.
28
(5) If the Secretary makes the determination under subsection (3) that
29
exceptional circumstances apply in relation to the affected person,
30
the Secretary must:
31
(a) give the applicant written notice of the determination; and
32
(b) state in the notice that the Secretary is satisfied that:
33
Amendments relating to the Bonded Medical Program
Schedule 1
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
5
(i) the exceptional circumstances will prevent the affected
1
person from complying with the condition mentioned in
2
paragraph 124ZG(1)(a) or (c); or
3
(ii) the affected person breached a condition mentioned in
4
paragraph 124ZG(1)(a) or (c) as a result of the
5
exceptional circumstances; or
6
(iii) the affected person withdrew from the Bonded Medical
7
Program under section 124ZP as a result of the
8
exceptional circumstances; and
9
(c) set out, in the notice, the effect of
10
subparagraph 124ZE(4)(b)(vi) and whichever of the
11
following provisions is applicable in relation to the affected
12
person:
13
(i) subsection 124ZH(4);
14
(ii) subsection 124ZJ(4);
15
(iii) subsection 124ZQ(6).
16
(6) A statement under subparagraph (5)(b)(ii) or (iii) may relate to a
17
breach of a condition or a withdrawal (as the case may be) that
18
occurs before or after the commencement of this section.
19
(7) If the Secretary refuses to make the determination under
20
subsection (3) in relation to the affected person, the Secretary must
21
give the applicant written notice of the following:
22
(a) the decision to refuse to make the determination;
23
(b) the reasons for the decision;
24
(c) how the applicant may apply for review of the decision.
25
124ZEB Secretary may request further information
26
(1) If:
27
(a) a person makes an application under subsection 124ZEA(1);
28
and
29
(b) the Secretary needs further information to make a decision on
30
the application;
31
the Secretary may, by written notice, request the person to give
32
further information to the Secretary within a specified period.
33
(2) The specified period must not be shorter than 28 days after the
34
notice is given.
35
Schedule 1
Amendments relating to the Bonded Medical Program
6
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
(3) The Secretary may, at the person's request, extend the specified
1
period. The request must be made in writing and before that period
2
ends.
3
(4) If the person does not give the requested further information
4
within:
5
(a) in a case in which the specified period has been extended
6
under subsection (3)--the period as so extended; or
7
(b) otherwise--the specified period;
8
the application is taken to be withdrawn at the end of the period.
9
(5) A notice given under subsection (1) must set out the effect of
10
subsection (4).
11
4 Subsection 124ZH(2)
12
Omit "The person", substitute "Subject to subsection (4), the person".
13
5 At the end of section 124ZH
14
Add:
15
(4) Subsection (2) does not apply to a person if:
16
(a) a determination is made under subsection 124ZEA(3) that
17
exceptional circumstances apply in relation to the person; and
18
(b) the written notice of the determination includes a statement
19
that the Secretary is satisfied that the person breached the
20
condition mentioned in paragraph 124ZG(1)(a) or (c) (as
21
applicable) as a result of those exceptional circumstances.
22
6 Subsection 124ZJ(1)
23
Omit "A medicare", substitute "Subject to subsection (4), a medicare".
24
7 Paragraph 124ZJ(1)(a)
25
Omit "is", substitute "was".
26
8 Paragraph 124ZJ(1)(b)
27
Repeal the paragraph, substitute:
28
(b) breached the condition mentioned in paragraph 124ZG(1)(c)
29
when the medical practitioner was a bonded participant.
30
Amendments relating to the Bonded Medical Program
Schedule 1
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
7
9 At the end of section 124ZJ
1
Add:
2
(4) This section does not apply to a person who is a medical
3
practitioner if:
4
(a) a determination is made under subsection 124ZEA(3) that
5
exceptional circumstances apply in relation to the person; and
6
(b) the written notice of the determination includes a statement
7
that the Secretary is satisfied that the person breached the
8
condition mentioned in paragraph 124ZG(1)(c) as a result of
9
those exceptional circumstances.
10
10 Subsection 124ZK(2)
11
Omit "$10,000", substitute "$1,000".
12
11 Before paragraph 124ZN(a)
13
Insert:
14
(aa) a decision of the Secretary, under subsection 124ZEA(3), to
15
refuse to determine that exceptional circumstances apply in
16
relation to a person;
17
12 After paragraph 124ZN(b)
18
Insert:
19
(ba) a decision of the Secretary, under subsection 124ZUA(3), to
20
refuse to make an extended compliance determination in
21
relation to a person;
22
13 Subsection 124ZQ(1)
23
Omit "If a", substitute "Subject to subsection (6), if a".
24
14 Subsection 124ZQ(3)
25
Omit "A medicare", substitute "Subject to subsection (6), a medicare".
26
15 At the end of section 124ZQ
27
Add:
28
Schedule 1
Amendments relating to the Bonded Medical Program
8
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
Exception
1
(6) This section does not apply to a person if:
2
(a) a determination is made under subsection 124ZEA(3) that
3
exceptional circumstances apply in relation to the person; and
4
(b) the written notice of the determination includes a statement
5
that the Secretary is satisfied that the person withdrew from
6
the Bonded Medical Program under section 124ZP as a result
7
of the exceptional circumstances.
8
16 At the end of section 124ZU
9
Add:
10
(4) If a person to whom subsection (1) applies makes an application
11
under subsection 124ZUA(1), the person must not advise the
12
Department of the matters mentioned in subsection (2) of this
13
section until both of the following apply:
14
(a) a decision on the application has been made;
15
(b) any rights of review and appeal in relation to the decision
16
have been exhausted.
17
17 After section 124ZU
18
Insert:
19
124ZUA Extended compliance determination for certain BMP and
20
MRBS participants
21
(1) If:
22
(a) a person is:
23
(i) a party to a deed of agreement with the Commonwealth
24
(as represented by the Department) for funding of a
25
place in the Bonded Medical Places Scheme, including
26
a deed of agreement as varied; or
27
(ii) a party to a contract with the Commonwealth (as
28
represented by the Department) for a Medical Rural
29
Bonded Scholarship, including a contract as varied; and
30
(b) the person meets the requirements specified in the Bonded
31
Medical Program rules;
32
Amendments relating to the Bonded Medical Program
Schedule 1
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
9
the person may apply to the Secretary for a determination (the
1
extended
compliance determination
) that, if the person were to
2
become a bonded participant, the person would be required to
3
complete their return of service obligation within a period that is
4
longer than the RoSO compliance period.
5
(2) The application must:
6
(a) be made in writing; and
7
(b) be made before the person advises the Department of the
8
matters mentioned in subsection 124ZU(2); and
9
(c) be made within any period specified in the Bonded Medical
10
Program rules that applies in relation to the person; and
11
(d) specify a period within which the person would be able to
12
complete their return of service obligation (which must not
13
be a period that would be more than 6 years longer than the
14
RoSO compliance period); and
15
(e) be accompanied by a written plan that sets out:
16
(i) how the person proposes to complete their return of
17
service obligation within the period specified under
18
paragraph (d); and
19
(ii) any other matters specified in the Bonded Medical
20
Program rules; and
21
(f) be accompanied by any other documents specified in the
22
Bonded Medical Program rules; and
23
(g) set out any other information specified in the Bonded
24
Medical Program rules.
25
(3) If the person makes an application under subsection (1), the
26
Secretary may make the extended compliance determination in
27
relation to the person if the Secretary is satisfied that:
28
(a) the person is a person of kind mentioned in
29
subparagraph (1)(a)(i) or (ii); and
30
(b) the person meets the requirements specified in the Bonded
31
Medical Program rules for the purposes of paragraph (1)(b);
32
and
33
(c) if the person were to become a bonded participant, the plan
34
referred to in paragraph (2)(e) sets out a reasonable proposal
35
for the completion of their return of service obligation within
36
a period that is longer than the RoSO compliance period.
37
Schedule 1
Amendments relating to the Bonded Medical Program
10
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
(4) If the Secretary makes the extended compliance determination in
1
relation to the person, the Secretary must:
2
(a) give the person written notice of the determination; and
3
(b) specify in the notice the period within which the person
4
would, if the person were to become a bonded participant, be
5
required to complete their return of service obligation.
6
(5) The period specified under paragraph (4)(b):
7
(a) must not be a period that would be more than 6 years longer
8
than the RoSO compliance period; and
9
(b) may be the same as, or different from, the period specified in
10
the application.
11
(6) If the Secretary refuses to make the extended compliance
12
determination in relation to the person, the Secretary must give the
13
person written notice of the following:
14
(a) the decision to refuse to make the determination;
15
(b) the reasons for the decision;
16
(c) how the person may apply for review of the decision.
17
124ZUB Secretary may request further information
18
(1) If:
19
(a) a person makes an application under subsection 124ZUA(1);
20
and
21
(b) the Secretary needs further information to make a decision on
22
the application;
23
the Secretary may, by written notice, request the person to give
24
further information to the Secretary within a specified period.
25
(2) The specified period must not be shorter than 28 days after the
26
notice is given.
27
(3) The Secretary may, at the person's request, extend the specified
28
period. The request must be made in writing and before that period
29
ends.
30
(4) If the person does not give the requested further information
31
within:
32
Amendments relating to the Bonded Medical Program
Schedule 1
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
11
(a) in a case in which the specified period has been extended
1
under subsection (3)--the period as so extended; or
2
(b) otherwise--the specified period;
3
the application is taken to be withdrawn at the end of the period.
4
(5) A notice given under subsection (1) must set out the effect of
5
subsection (4).
6
18 At the end of subsection 124ZV(2)
7
Add:
8
; and (d) if an extended compliance determination has been made
9
under subsection 124ZUA(3) in relation to the person--the
10
person is to be taken, for the purposes of this Part, to be
11
required to complete their return of service obligation within
12
the period specified in the written notice of the determination
13
given to the person.
14
19 At the end of subsection 124ZW(2)
15
Add:
16
; and (d) if an extended compliance determination has been made
17
under subsection 124ZUA(3) in relation to the person--the
18
person is to be taken, for the purposes of this Part, to be
19
required to complete their return of service obligation within
20
the period specified in the written notice of the determination
21
given to the person.
22
Schedule 2
Amendments relating to MRBS contracts
12
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
Schedule 2--Amendments relating to MRBS
1
contracts
2
3
Health Insurance Act 1973
4
1 At the end of section 19ABA
5
Add:
6
(5) If the contract is a contract with the Commonwealth (as
7
represented by the Department) for a Medical Rural Bonded
8
Scholarship (including such a contract as varied from time to time)
9
then this section applies in relation to a breach of the contract that
10
occurs before the commencement of this subsection but it does not
11
apply in relation to a breach of the contract that occurs after that
12
commencement.
13
2 After section 19ABA
14
Insert:
15
19ABB Waiver of amounts owing by a person who is or was a party
16
to an MRBS contract
17
(1) This section applies if:
18
(a) a person is or was a party to a contract with the
19
Commonwealth (as represented by the Department) for a
20
Medical Rural Bonded Scholarship (including such a contract
21
as varied from time to time); and
22
(b) an amount of medicare benefit was purportedly paid in
23
respect of a professional service rendered at a particular time
24
(the
service time
) by, or on behalf of, the person as a medical
25
practitioner; and
26
(c) the service time occurred in a period during which a
27
medicare benefit was not payable to the person under
28
subsection 19ABA(1); and
29
(d) the amount is recoverable as an amount owing to the
30
Commonwealth.
31
Amendments relating to MRBS contracts
Schedule 2
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
13
(2) The Minister may, on behalf of the Commonwealth, waive the
1
amount owing.
2
(3) If the Minister waives the amount owing under subsection (2), the
3
Minister must give written notice of the waiver to the person.
4
19ABC Medicare benefits not payable to certain MRBS participants
5
(1) If:
6
(a) a person is a party to a contract with the Commonwealth (as
7
represented by the Department) for a Medical Rural Bonded
8
Scholarship (including such a contract as varied from time to
9
time) that was entered into before the commencement of this
10
section; and
11
(b) after the commencement of this section, the person breaches
12
a provision of the contract that requires the person to work in
13
a rural or remote area in accordance with that provision;
14
the Minister may determine that a medicare benefit is not payable
15
in respect of a professional service rendered by, or on behalf of, the
16
person as a medical practitioner.
17
(2) In deciding whether to make a determination under subsection (1),
18
the Minister must have regard to any matters prescribed by the
19
regulations.
20
(3) If the Minister makes a determination under subsection (1) in
21
relation to the person, a medicare benefit is not payable to the
22
person during the period that:
23
(a) starts on the day specified in the determination (which must
24
not be a day before the determination is made); and
25
(b) ends:
26
(i) when the period that is equal to double the length of the
27
period that the person was required under the contract to
28
work in a rural or remote area ends; or
29
(ii) if a shorter period is determined in, or in accordance
30
with, the contract--when that shorter period ends.
31
(4) Subsection (3) applies whether or not the person was a medical
32
practitioner at the time the contract was entered into or at the time
33
the breach occurred.
34
Schedule 2
Amendments relating to MRBS contracts
14
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
No. , 2021
(5) If the Minister makes a determination under subsection (1) in
1
relation to the person, the Minister must give the person written
2
notice of the following:
3
(a) the decision to make the determination;
4
(b) the reasons for the decision;
5
(c) how the person may apply for reconsideration or review of
6
the decision.
7
19ABD Reconsideration and review of determination that medicare
8
benefits are not payable to certain MRBS participants
9
Request for reconsideration
10
(1) If the Minister makes a determination under subsection 19ABC(1)
11
in relation to a person (the
affected person
), the affected person
12
may request the Minister to reconsider the decision (the
original
13
decision
).
14
(2) The request must:
15
(a) be made in writing; and
16
(b) set out the reasons for the request; and
17
(c) be given to the Minister within 28 days after the affected
18
person is notified of the original decision.
19
Reconsideration of original decision
20
(3) If a request to reconsider the original decision is made under
21
subsection (1), the Minister must:
22
(a) personally reconsider the decision; or
23
(b) cause the decision to be reconsidered by a delegate of the
24
Minister who:
25
(i) was not involved in making the decision; and
26
(ii) occupies a position that is at least the same level as that
27
occupied by the person who made the decision.
28
(4) After reconsidering the original decision, the Minister or delegate
29
(as the case may be) must:
30
(a) affirm the decision; or
31
(b) vary the decision; or
32
Amendments relating to MRBS contracts
Schedule 2
No. , 2021
Health Insurance Amendment (Enhancing the Bonded Medical
Program and Other Measures) Bill 2021
15
(c) set the decision aside and substitute a new decision.
1
(5) After making a decision under subsection (4), the Minister or
2
delegate (as the case may be) must give written notice of the
3
following to the affected person:
4
(a) the decision;
5
(b) the date the decision takes effect;
6
(c) the reasons for the decision.
7
Note:
Section 27A of the
Administrative Appeals Tribunal Act 1975
requires
8
the affected person to be notified of the person's review rights.
9
Review by the Administrative Appeals Tribunal
10
(6) Applications may be made to the Administrative Appeals Tribunal
11
for review of a decision of the Minister, or a delegate of the
12
Minister, made under subsection (4).
13
3 Section 19CC (heading)
14
Omit "
covered by section 19AA, 19AB or 19ABA
", substitute "
for
15
which a medicare benefit is not payable
".
16
4 Paragraph 19CC(1)(a)
17
Omit "or 19ABA", substitute ", 19ABA or 19ABC".
18
5 After paragraph 124ZU(3)(a)
19
Insert:
20
(aa) both of the following apply:
21
(i) a determination has been made under
22
subsection 19ABC(1) in relation to the person;
23
(ii) the period during which a medicare benefit is not
24
payable to the person, as a result of the making of the
25
determination, has not ended; or
26
6 Subsection 124ZW(3)
27
After "section 19ABA", insert "or 19ABC".
28