Insights

  • Health,
  • Sep 24, 2019
  • Author: Daniel Davison
  • INSIGHT: Striking the balance: Do the recent amendments to mandatory reporting obligations go far enough?

    Despite significant resistance by key stakeholders, amendments to mandatory reporting obligations in respect of registered health practitioners treating other health practitioners for medical conditions, including mental health issues, have now been passed by the Queensland parliament. This article follows Meridian Lawyers’ earlier Health Insights article (which can be read here), wherein we discussed the Council […]

  • Health,
  • Jun 5, 2019
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Medicare Shared Debt Recovery Scheme to significantly affect recovery of incorrect Medicare billings from next month

    From 1 July 2019, the Shared Debt Recovery Scheme will allow the Commonwealth Government to hold a practitioner (primary debtor) as well as another party such as medical and other health practices (secondary debtor) responsible for repayment of debts resulting from incorrectly claiming Medicare benefits. According to the recently enacted Health Insurance (Medicare Compliance Shared […]

  • Health,
  • Feb 5, 2019
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973

    In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate practice’ in providing 80 or more professional services on each of 20 or more days during a relevant period are burdened with the evidentiary onus of establishing that there was an absence of alternative medical […]

  • Health,
  • Jan 16, 2019
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing

    The Shared Debt Recovery Scheme will take effect on 1 July 2019. The recent enactment of the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2008, will mean that from 1 July 2019 the Commonwealth Government will be able to pursue both individual medical practitioners and employing and contracting medical organisations for repayment […]

  • Health,
  • Apr 15, 2018
  • Author: Daniel Davison
  • INSIGHT: Overhaul gets the go ahead for mandatory reporting laws regarding treating healthcare professionals

    On Friday 13 April 2018, the Council of Australian Governments (COAG) Health Council meeting of Australia’s health ministers unanimously agreed to amend the mandatory reporting laws in relation to registered health practitioners who seek treatment for impairments including mental health. Since the introduction of the Health Practitioner Regulation National Law, registered health practitioners and students […]

  • Health,
  • Dec 7, 2017
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Medical Board reforms for older medical practitioners and those the subject of multiple complaints

    The Medical Board of Australia has announced the implementation of a new Professional Performance Framework that will apply to registered medical practitioners in Australia. The Board proposes to introduce performance processes for practitioners with a record of multiple substantiated complaints against their registration, as well as for practitioners over 70 years of age. Australia does […]

  • Health,
  • Nov 2, 2017
  • Author: Daniel Davison
  • INSIGHT: National Boards armed with new public interest power to take immediate action against health practitioners

    The Australian Health Practitioner Regulation Agency (‘AHPRA’) has applauded recent amendments[1] to the Health Practitioner Regulation Agency National Law Act 2009 (the ‘National Law’), which it says will provide additional protections for the public. The amendments, passed in Queensland Parliament, will apply to all jurisdictions except for Western Australia and South Australia where separate legislation […]