Document ID: chunk:federal_register_of_legislation:C2025C00156:section:16b:p5
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 16B (pt 5/5)
Character Range: 140553–142552

person's condition than the service requested; and
 (d) before providing the substituted service, the providing practitioner has either consulted the person who made the subsection 16B(1) request, or taken all reasonable steps to consult that person; and
 (e) the substituted service is a service in relation to which a medicare benefit is payable (or would be payable if section 19AD were disregarded) regardless of whether the service is rendered on the request of a specialist or a consultant physician.
Note: Medicare benefit is only payable on some diagnostic imaging services if they are rendered on the request of a specialist or consultant physician. The substituted service must not be one of those services.

Exemption—pre‑existing diagnostic imaging practices
 (11) Subsection (1) does not apply if:
 (a) the service is a service of a kind specified in regulations made for the purposes of this subsection; and
 (b) the service was rendered by or on behalf of the providing practitioner in the course of treating his or her own patient; and
 (c) the providing practitioner determined that the service was necessary; and
 (d) either:
 (i) the service was rendered before the end of one month (or such further period as the Chief Executive Medicare allows) after the commencement of this paragraph; or
 (ii) the service was rendered after the end of that period at a time when the practitioner was registered as a participating practitioner in the Register of Participating Practitioners maintained under section 23DSC; and
 (e) during the period commencing on 17 October 1988 and ending on 16 October 1990, at least 50 services had been rendered by or on behalf of the providing practitioner, each being a service that:
 (i) would have been an R‑type diagnostic imaging service if it had been rendered after the commencement of this section; and
 (ii) was rendered at the location at which the first‑mentioned service was rendered; and
 (iii) resulted in the payment of a medicare benefit.