PCEHR (Participation Agreements) Rules 2012

Personally Controlled Electronic Health Records Act 2012

D

as amended

made under section 109 of the

Personally Controlled Electronic Health Records Act 2012

Compilation start date:                             10 October 2014

Includes amendments up to: PCEHR (Participation Agreements) Amendment (specified kind of agreement) Rule 2014

About this compilation

The compiled instrument

This is a compilation of the PCEHR (Participation Agreements) Rules 2012 as amended and in force on 10 October 2014.  It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 9 October 2014.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

Part 1 Preliminary 

1. Name of Rules 

2. Commencement 

3. Definitions 

Part 2 Participation agreements 

4. Requirements to enter into a participation agreement 

Endnotes 

Endnote 1―Legislation history 

Endnote 2―Amendment history 

Endnote 3―Uncommenced amendments (none) 

Endnote 4―Misdescribed amendments (none) 

Part 1 Preliminary

1.                      Name of Rules

These Rules are the PCEHR (Participation Agreements) Rules 2012.

2.                      Commencement

These Rules commence on the day after they are registered on the Federal Register of Legislative Instruments. 

3.                      Definitions

In this Rule, unless the contrary intention appears:

Act means the Personally Controlled Electronic Health Records Act 2012.

Participation agreement means an agreement between the System Operator and a person wishing to be registered as a participant in the PCEHR system that is described as a participation agreement (whether using that expression or an equivalent expression).

Note 1: Unless the contrary intention appears, terms used in these PCEHR (Participation Agreements) Rules have the same meaning as in the Act ― see section 13 of the Legislative Instruments Act 2003.  These terms include:

Chief Executive Medicare, healthcare provider organisation, participant in the PCEHR system, PCEHR, PCEHR system, registered contracted service provider, registered healthcare provider organisation, registered portal operator, registered repository operator and System Operator.

Part 2 Participation agreements

4.                      Requirements to enter into a participation agreement

(1)     For the purposes of subsection 109(4A) of the Act, a person must enter into, and remain a party to, a participation agreement with the System Operator of the kind specified in subrule (4) in order to be and remain:

(a)     a registered healthcare provider organisation;

(b)     subject to subrule (3) – a registered repository operator;

(c)     a registered portal operator; or

(d)     a registered contracted service provider.

(2)     If there is more than one healthcare provider organisation within a legal entity, the legal entity may enter into, and remain a party to, a participation agreement in relation to each healthcare provider organisation within that entity that wishes to participate in the PCEHR system.

(3)     Paragraph (1)(b) does not apply to the Chief Executive Medicare in connection with operating a repository under subsection 38(1) of the Act.

(4)     The kind of participation agreement which must be entered into is:

(a)     where the person is not the Commonwealth, a contract; or

(b)     where the person is the Commonwealth (whether identified or described as a Department of State, an agency or in any other way), a memorandum of understanding.

Endnotes

Endnote 1―Legislation history

This endnote sets out details of the legislation history of the PCEHR (Participation Agreements) Rules 2012.

Endnote 2―Amendment history

This endnote sets out the amendment history of the PCEHR (Participation Agreements) Rules 2012.

Endnote 3―Uncommenced amendments (none)

There are no uncommenced amendments.

Endnote 4―Misdescribed amendments (none)

There are no misdescribed amendments.