Document ID: chunk:federal_register_of_legislation:F2017L01201:body:0:p1
Version: federal_register_of_legislation:F2017L01201
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Health Insurance (Approved Billing Agents) Instrument 2017
Health Insurance Act 1973

I, GREG HUNT, Minister for Health, make the following instrument under subsection 20AB(5) and 20AB(6) of the Health Insurance Act 1973.

GREG HUNT
Minister for Health
14 September 2017

Contents
Part 1 Preliminary
1 Name of instrument
2 Commencement
3 Repeal
4 Authority
5 Schedule
6 Definitions
7 Conditions of approval
Schedule  Guidelines
Part 1 Criteria for Approval
1 Prohibited person not to be approved
2 Billing agent to give copy of annual report
3 Billing agent must keep trust account
4 Billing agent to give copy of certificate of incorporation
5 Approval to have force for 1 year
6 Undertakings to be given
Part 2 Undertakings by Applicant
7 Undertakings to be given effect
8 Keeping of records
9 Inspection of books and records
10 Information about conduct of business
11 Keeping of trust account
12 Claims lodged by registered organisations
13 Patient's statement of account
14 Payment to an assigning practitioner - 90 day period
15 Billing agent's earnings
16 Privacy
17 Changes in circumstances
18 Statement of activity

Part 1 Preliminary

1 Name of instrument
    This instrument is the Health Insurance (Approved Billing Agents) Instrument 2017.

2 Commencement
This instrument commences on the day after registration.

3 Repeal
    This instrument repeals:

       (1)               The Health Insurance (Billing Agents – Conditions of Approval) Determination (No. 1) 2004; and
       (2)               The Health Insurance (Approval of Billing Agents) Guidelines (No. 1) 2004.

4 Authority
    This instrument is made under subsection 20AB(5) and 20AB(6) of the Health Insurance Act 1973.

5 Schedule
    The Schedule sets out the Guidelines that are made under subsection 20AB(6) of the Act for the purposes of subsection 20AB(3) of the Act.

6 Definitions
            Note: A number of expressions used in this instrument are defined in the Act, including the following:
        (a)     approved billing agent
        (b)    medicare benefit

(1)  In this instrument:

      Act   means the Health Insurance Act 1973.

      assignment  means an assignment under section 20A of the Act.

                  bank means a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

                 Chief Executive Medicare has the same meaning as Part IIA, section 4 of the Human Services (Medicare) Act 1973

                  Corporation has the same meaning as in section 57A of the Corporations Act 2001, but does not include an unincorporated body.
            Note: Section 57A of the Corporations Act 2001 defines the term 'corporation' to include all bodies incorporated or formed under the law of any State or Territory and, for the avoidance of doubt, this includes Aboriginal and Torres Strait Islander corporations. The term does not include exempt public authorities and corporation soles.

                  private health insurer has the same