Insights Sectors: Health

Jun 11, 2019

INSIGHT: SafeScript provides prescribers and pharmacists with real time access to the prescription history of their patients for high risk medicines.

SafeScript provides Victorian prescribers and pharmacists access to the prescription history of their patients for high-risk medicines. SafeScript information can alert the prescriber and dispenser to patients at risk of harm or overdose associated with high risk medicines, and assist with deciding whether to prescribe or dispense the high-risk medicine. SafeScript will be implemented across […]

Jun 11, 2019

INSIGHT: Victorian Voluntary Assisted Dying legislation comes into force in June

The Voluntary Assisted Dying Act 2017 (Vic) (the Act) comes into operation on 19 June 2019, making Voluntary Assisted Dying (VAD)[1] legal in Victoria. When the legislation comes into effect in June, Victorian registered medical practitioners need to be aware of their role in the application of the Act. For medical practitioners who wish to […]

Jun 5, 2019

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 […]

Apr 12, 2019

INSIGHT: Police in Victoria and Western Australia, to share information with AHPRA

In July 2018 the Australian Health Practitioner Regulation Agency (AHPRA) and Victoria Police announced a Memorandum of Understanding (MOU) regarding information sharing. Under the Victorian agreement, AHPRA can disclose information to Victoria Police where there are allegations or evidence of criminal offending including physical harm, sexual offending, production of exploitative material, or drug offences. The […]

Apr 12, 2019

INSIGHT: Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district

From 1999 onwards, Dr Emil Gayed worked in public and private hospitals across NSW. During that time, complaints and concerns were raised regarding Dr Gayed’s professional practice and performance. Dr Gayed was disqualified from practice following a Tribunal finding that Dr Gayed had engaged in numerous incidences of unsatisfactory professional conduct, and that together they […]

Mar 21, 2019

INSIGHT: New powers used by Health Complaints Commissioner to stop unregistered service providers making false claims

The Victorian Health Complaints Commissioner (the Commissioner) can now issue general health warnings and ban unregistered service providers from treating patients, even before a complaint investigation is completed, if the Commissioner believes a health provider poses a serious danger to the public.  A breach of the new General Code of Conduct[1] (the Code) for providers […]

Feb 18, 2019

INSIGHT: Restrictions on the use and disclosure of confidential communications between a victim of sexual assault and treating health practitioners

Legislation in Victoria now protects the medical and counselling records of victims of sexual assault from disclosure in Court hearings.[1] The legislation is directed at:- ‘remedying the mischief of sexual assault victims being deterred from reporting or giving full information to doctors or counsellors in the course of their treatment, because of uncertainty and fear […]

Feb 12, 2019

INSIGHT: Is the ‘irrational’ exception feasible?

The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

Feb 5, 2019

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 […]

Jan 30, 2019

INSIGHT: How can you tell if you have been given a forged prescription and what to do if you have

Pharmacists are expected to take reasonable steps to satisfy themselves that a prescription has been issued by an authorised prescriber. Prescriptions for Schedule 4 and Schedule 8 medicines subject to abuse, such as such benzodiazepines and opioids, are most likely to be forged. However pharmacists should also consider other medications such as anabolic steroids which […]

Jan 16, 2019

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 […]

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