Document ID: chunk:federal_register_of_legislation:C2025C00156:section:16a:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 16A (pt 2/5)
Character Range: 122559–125306

(a) the service was rendered pursuant to a request made by the treating practitioner and, if an approved pathology practitioner was specified on the request, the service was conducted by that practitioner; or
 (b) the service was rendered pursuant to a request made by another approved pathology practitioner who received a request for the service made by the treating practitioner and the treating practitioner did not specify a pathology practitioner.
 (3A) In subsection (3), a treating practitioner may only specify an approved pathology practitioner on clinical grounds.
 (4) A request is not effective for the purposes of subsection (3) unless:
 (a) the request is:
 (i) made in writing; or
 (ii) if made otherwise than in writing—confirmed in writing within the period of 14 days commencing on the day on which the request is made; and
 (b) the request is made in accordance with the regulations (if any).
 (5) A request that is made otherwise than in writing and is not confirmed in writing within the period referred to in subparagraph (4)(a)(ii) shall be deemed, for the purposes of subsection (3), never to have been made.
 (5AA) A medicare benefit is not payable in respect of a pathology service that has been rendered in relation to a person by or on behalf of an approved pathology practitioner (in subsection (5AB) called the rendering pathologist) pursuant to a request made by:
 (a) the treating practitioner; or
 (b) another approved pathology practitioner (in subsection (5AB) called the referring pathologist) who received a request for the service made by the treating practitioner;
unless the pathology specimen required for the rendering of the service:
 (c) was collected from the person:
 (i) by the person himself or herself; or
 (ii) by the treating practitioner; or
 (iii) on behalf of the treating practitioner, by an employee of, or by a person engaged under a contract for services by or on behalf of, the treating practitioner; or
 (iv) if the treating practitioner is employed, or engaged under a contract for services, by a medical entrepreneur—on behalf of the treating practitioner, by another employee of that medical entrepreneur, or by a person engaged under a contract for services by or on behalf of that medical entrepreneur; or
 (d) was collected from the person by a person to whom this paragraph applies at:
 (i) the place where the person was residing; or
 (ii) an approved collection centre (within the meaning of Part IIA); or
 (iii) premises of a recognised hospital, being premises at which hospital treatment is provided; or
 (iv) a private hospital in which the person is a patient; or
 (v) a residential care service within the meaning of the Aged Care Act 1997, or other institution, in which