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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Health Insurance Legislation
Amendment (Transparent Patient
Outcomes) Bill 2021
No. , 2021
(Senator Griff)
A Bill for an Act to amend the Health Insurance Act
1973, and for related purposes
No. , 2021
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Health Insurance Act 1973
3
No. , 2021
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) 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 Legislation Amendment
5
(Transparent Patient Outcomes) 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 Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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repealed as set out in the applicable items in the Schedule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
Schedule 1
No. , 2021
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
3
Schedule 1--Amendments
1
2
Health Insurance Act 1973
3
1 Subsection 3(1)
4
Insert:
5
Transparent Patient Outcomes rules
has the meaning given by
6
section 124ZCB.
7
2 After subsection 124Y(6)
8
Insert:
9
(6A) This section does not prohibit:
10
(a) the disclosure of information by a person in accordance with
11
the Transparent Patient Outcomes rules; or
12
(b) the disclosure of information collected or used in accordance
13
with the Transparent Patient Outcomes rules, as otherwise
14
required or authorised by law.
15
Note:
However, information collected or used in accordance with the
16
Transparent Patient Outcomes rules is not admissible in evidence
17
against a practitioner in civil or criminal proceedings (see
18
section 124ZCD).
19
3 Section 124ZC
20
Before "If:", insert "(1)".
21
4 At the end of section 124ZC
22
Add:
23
(2) Subsection (1) does not apply in relation to section 124Y.
24
(3) Section 124Y limits the operation of a State or Territory law to the
25
extent that such a law is not capable of operating concurrently with
26
section 124Y.
27
5 After Part VC
28
Insert:
29
Schedule 1
Amendments
4
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
No. , 2021
Part VCA--Transparent patient outcomes
1
124ZCA Simplified outline of this Part
2
This Part enables the Minister to make rules for the publication of a
3
public register of statistical information relating to surgical
4
procedures and patient outcomes.
5
124ZCB Transparent Patient Outcomes rules
6
(1) The Minister may, by legislative instrument, make rules (the
7
Transparent Patient Outcomes rules
) to establish and maintain a
8
public register of statistical information relating to surgical
9
procedures and patient outcomes.
10
Content of rules
11
(2) The Transparent Patient Outcomes rules may provide for the public
12
register to include information about the following:
13
(a) the number and type of surgical procedures performed by
14
each practitioner;
15
(b) the number and type of surgical procedures performed at
16
each hospital or other facility;
17
(c) in relation to each practitioner, facility and type of surgical
18
procedure:
19
(i) identifying details of each practitioner, including but not
20
limited to their name and address or addresses at which
21
they practice; and
22
(ii) the rate of revision of the procedure; and
23
(iii) the rate of mortality as a consequence or likely
24
consequence of the procedure; and
25
(iv) patient demographics; and
26
(v) patient diagnoses; and
27
(vi) information relating to any prostheses used; and
28
(vii) fees payable;
29
(d) information acquired by a person in connection with a quality
30
assurance activity declared under section 124X.
31
Amendments
Schedule 1
No. , 2021
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
5
Note:
For
quality assurance activity
, see subsection 124W(1).
1
(3) The Transparent Patient Outcomes rules may provide for the
2
collection and publication of information.
3
(4) The Transparent Patient Outcomes rules may provide for how
4
information on the public register is to be corrected, updated, or
5
otherwise changed.
6
(5) Subsections (2), (3) and (4) do not limit subsection (1).
7
(6) The Transparent Patient Outcomes rules must prohibit the
8
publication on the public register of sensitive information (within
9
the meaning of the
Privacy Act 1988
), including but not limited to
10
health information about an individual.
11
(7) To avoid doubt, the Transparent Patient Outcomes rules may not
12
do the following:
13
(a) create an offence or civil penalty;
14
(b) provide powers of:
15
(i) arrest or detention; or
16
(ii) entry, search or seizure;
17
(c) impose a tax;
18
(d) set an amount to be appropriated from the Consolidated
19
Revenue Fund under an appropriation in this Act;
20
(e) directly amend the text of this Act.
21
Consultation on rules etc. relating to personal information
22
(8) Before making the Transparent Patient Outcomes rules, the
23
Minister must:
24
(a) consult the Information Commissioner in relation to matters
25
that relate to the privacy functions (within the meaning of
26
the
Australian Information Commissioner Act 2010
); and
27
(b) have regard to any submissions made by the Information
28
Commissioner because of that consultation.
29
Incorporation by reference
30
(9) For the purposes of subsection (1), the Transparent Patient
31
Outcomes rules may make provision in relation to a matter by
32
Schedule 1
Amendments
6
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
No. , 2021
applying, adopting or incorporating, with or without modification,
1
any matter contained in an instrument or other writing:
2
(a) as in force or existing at a particular time; or
3
(b) as in force or existing from time to time.
4
(10) Subsection (9) has effect despite subsection 14(2) of
5
the
Legislation Act 2003
.
6
Inconsistency of rules and regulations
7
(11) Transparent Patient Outcomes rules that are inconsistent with the
8
regulations
have no effect to the extent of the inconsistency, but the
9
rules
are taken to be consistent with the regulations to the extent
10
that the rules
are capable of operating concurrently with the
11
regulations.
12
124ZCC Immunity from suit when acting in accordance with
13
Transparent Patient Outcomes rules
14
(1) If:
15
(a) a person (
the relevant person
) engages in any conduct in
16
good faith in accordance with the Transparent Patient
17
Outcomes rules; and
18
(b) the conduct adversely affects any right or interest of another
19
person, being a person who provides health services;
20
no action, suit or other civil proceeding, other than a proceeding in
21
respect of a breach of the rules of law relating to procedural
22
fairness that is alleged to have occurred in the course of that
23
conduct, may be brought by the other person against the relevant
24
person in respect of that conduct.
25
(2) If, after the conduct ceased to be engaged in, the conduct is no
26
longer in accordance with the Transparent Patient Outcomes rules
27
because the rules are amended or repealed, this section
28
nevertheless continues to apply in respect of the conduct.
29
Amendments
Schedule 1
No. , 2021
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
7
124ZCD Information not to be used in civil or criminal proceedings
1
Information collected in accordance with the Transparent Patient
2
Outcomes rules
3
(1) Information collected or used in accordance with the Transparent
4
Patient Outcomes rules is not admissible in evidence against a
5
practitioner in civil or criminal proceedings.
6
(2) Any information, document or thing obtained as a direct or indirect
7
consequence of the information being collected or used in
8
accordance with the Transparent Patient Outcomes rules is not
9
admissible in evidence against a practitioner in civil or criminal
10
proceedings.
11
(3) If, after the information was collected or used, that collection or
12
use is no longer in accordance with the Transparent Patient
13
Outcomes rules because the rules are amended or repealed,
14
subsections (1) and (2) nevertheless continue to apply in respect of
15
that information.
16
Information on register
17
(4) Information on the public register referred to in
18
subsection 124ZCB(1) is not admissible in evidence against a
19
practitioner in civil or criminal proceedings.
20
(5) Any information, document or thing obtained as a direct or indirect
21
consequence of the information being published on the public
22
register is not admissible in evidence against a practitioner in civil
23
or criminal proceedings.
24
(6) If, after the information is published on the public register, that
25
information is no longer on the register because it is removed, or
26
the Transparent Patient Outcomes rules are amended or repealed,
27
subsections (4) and (5) nevertheless continue to apply in respect of
28
that information.
29
6 Application provision
--information disclosure
30
Subsection 124Y(6A) of the
Health Insurance Act 1973
, as inserted by
31
this Schedule, applies in relation to information that:
32
Schedule 1
Amendments
8
Health Insurance Legislation Amendment (Transparent Patient
Outcomes) Bill 2021
No. , 2021
(a) becomes known solely as a result of a declared quality
1
assurance activity engaged in, on or after the commencement
2
of this item; and
3
(b) is acquired by a person on or after the commencement of this
4
item.
5