Document ID: chunk:federal_register_of_legislation:C2025C00088:section:138
Version: federal_register_of_legislation:C2025C00088
Segment Type: section
Provision Reference: s 138
Character Range: 86081–87362

138  Cost‑shifting disputes and cross‑border disputes

Meaning of cost‑shifting dispute
 (1) A cost‑shifting dispute arises if:
 (a) a Health Minister believes that costs to his or her jurisdiction in relation to health care services are attributable to one or more changes that have been made to the policies, programs or practices of another jurisdiction (the second jurisdiction); and
 (b) within 2 months after being requested to do so, the second jurisdiction has not reimbursed those costs.

Meaning of cross‑border dispute
 (2) A cross‑border dispute arises if:
 (a) a State/Territory Health Minister believes that:
 (i) costs to his or her jurisdiction in relation to health care services are attributable to the provision of public hospital services to residents of another jurisdiction (the second jurisdiction); and
 (ii) an intergovernmental agreement, or an agreement between States or States and Territories, provides for those costs to be reimbursed, wholly or partly, by the second jurisdiction; and
 (b) after being requested to do so, the second jurisdiction has not reimbursed those costs:
 (i) within 2 months after the jurisdictions agree on the number of health care services involved; or
 (ii) within 6 months after the last of those services was provided.