Provision of Information (Bulk Payment Agreements) Determination 2017 (Cth)

Provision of Information (Bulk Payment Agreements) Determination 2017

Health and Other Services (Compensation) Act 1995

________________________________________________________________________

I, CAROLINE EDWARDS, Chief Executive Medicare, make this determination under subsection 34(2) of the Health and Other Services (Compensation) Act 1995.

Dated 28 June 2017.

Caroline Edwards

Chief Executive Medicare

________________________________________________________________________

Citation

1. This determination may be cited as the Provision of Information (Bulk Payment Agreements) Determination 2017.

Commencement

1. This determination commences on the day after it is registered.

Interpretation 

3.1       In this determination:

“Act” means the Health and Other Services (Compensation) Act 1995.

“electronic communication” has the meaning given by subsection 5(1) of the Electronic Transactions Act 1999;

"specified period" means the period specified in a bulk payment agreement.

3.2       Unless the contrary intention appears, all other expressions used in this determination have the same meaning as in the Act.

Note:      The following terms in this determination are defined in the Act:  “bulk payment agreement”, “claim”, “compensation”, “judgment”, “notifiable person”, “reimbursement arrangement” and “settlement”.

Information to be provided under bulk payment agreements

4.1       For the purposes of subparagraph 34(1)(b)(i) of the Act, the kinds of information that must be provided about a judgment that relates to an injury that occurred in a specified period are:

(a)    the date of the judgment;

(b)the full names, addresses, dates of births and Medicare numbers (if known) of all the compensable persons to whom the judgment relates;

(c)the amount of compensation to be paid under the judgment;

(d)a description of the injury;

(e)the date of the injury; and

(f)the terms of the order under which compensation is payable.

4.2       For the purposes of subparagraph 34(1)(b)(i) of the Act, the kinds of information that must be provided about a reimbursement arrangement that relate to an injury that occurred in a specified period are:

(a)    the date of the reimbursement arrangement;

(b)the full names, addresses, dates of births and Medicare numbers (if known) of all the compensable persons to whom the reimbursement arrangement relates;

(c)a description of the injury;

(d)the date of injury; and

(e)the terms of the agreement, order or decision under which the reimbursement arrangement is made.

4.3       For the purposes of subparagraph 34(1)(b)(i) of the Act, the kinds of information that must be provided about a settlement that relates to an injury that occurred in a specified period:

(a)the date of the settlement;

(b)the full names, addresses, dates of births and Medicare numbers (if known) of all the compensable persons to whom the settlement relates;

(c)the amount of compensation to be paid under the settlement;

(d)a description of the injury;

(e)the date of injury; and

(f)the terms of the agreement or consent judgment under which compensation is payable.

Ways in which information must be given

5.         For the purposes of subparagraph 34(1)(b)(ii) of the Act information must be given by posting or sending by electronic communication:

(a)        if the information is contained in an order, agreement or decision referred to in paragraph 4.1(f), 4.2(e) or 4.3(f) - a copy of the order, agreement or decision, as the case may be;

(b)        if the information is not covered by paragraph (a) - a written statement, signed and dated by or on behalf of the person making the statement, containing the kinds of information referred to in sections 4.1, 4.2 or 4.3 of this determination.