Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p7
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 7/56)
Character Range: 99424–102173

illness or condition existed at any time in the period of 6 months ending on the day on which the person became insured under the policy.
 (2) In forming an opinion for the purposes of paragraph (1)(b), the *medical practitioner must have regard to any information in relation to the ailment, illness or condition that the medical practitioner who treated the ailment, illness or condition gives him or her.
 (3) If:
 (a) a private health insurer replaces a *complying health insurance product with another complying health insurance product; and
 (b) a person who was insured under a policy that was in the replaced *product is *transferred by the insurer to a policy that is in the replacement product;
the reference in paragraph (1)(b) to the day on which the person became insured under the policy is taken to be a reference to the day on which the person became insured under the replaced policy.

Division 78—Portability requirements

78‑1  Portability requirements
 (1) An insurance policy meets the portability requirements in this Division if the policy meets the requirements in subsections (2), (3), (4) and (5A).
 (2) An insurance policy meets the requirement in this subsection if the *waiting period that applies to a person who *transferred to the policy (the new policy) from another policy (the old policy) is no longer than:
 (a) for a benefit for *hospital treatment or *hospital‑substitute treatment that was not *covered under the old policy—the period allowed under section 75‑1; and
 (b) for a benefit for hospital treatment or hospital‑substitute treatment that was covered under the old policy—the balance of any unexpired waiting period for that benefit that applied to the person under the old policy.
 (3) An insurance policy meets the requirement in this subsection if the policy does not impose on a person who *transferred to the policy any period (other than a *waiting period allowed under subsection (2)) during which the amount of a benefit in relation to any particular *hospital treatment or *hospital‑substitute treatment is less than the amount the person would be eligible for during any other period.
 (4) An insurance policy meets the requirement in this subsection if, in relation to a benefit for *hospital treatment or *hospital‑substitute treatment:
 (a) that was *covered under the old policy; and
 (b) in respect of which a higher excess or higher co‑payment applied under the old policy than is the case under the new policy;
any period during which the higher excess or higher co‑payment continues to apply under the new policy to a person who *transferred to the policy is no longer than the *waiting period allowed under section 75‑1 for a benefit for that treatment.
 (5) In working out:
 (a) for