Federal Register of Legislation
Health Insurance (Permitted Benefits — Pathology Services) Determination 2018 Health Insurance Act 1973
I, DAVID WEISS, delegate of the Minister for Health, make this Determination under section 23DZZIG of the Health Insurance Act 1973.
Dated 21 March 2018
DAVID WEISS First Assistant Secretary Medical Benefits Division Health Financing Group Department of Health
1 Name
This instrument is the Health Insurance (Permitted Benefits – Pathology Services) Determination 2018.
2 Authority
This instrument is made under section 23DZZIG of the Health Insurance Act 1973.
3 Commencement
This instrument commences on the day after it is registered.
4 Repeal
The Health Insurance (Permitted benefits – pathology services) Determination 2008 is repealed.
5 Definitions
In this instrument: Act means the Health Insurance Act 1973. hospital treatment has the meaning given by section 121‑5 of the Private Health Insurance Act 2007.
Note Accredited pathology laboratory, approved pathology practitioner, hospital and pathology service are defined in subsection 3 (1) of the Act. Provider and requester are defined in subsection 23DZZID (1) of the Act.
6 Permitted benefits for pathology services
(1) For section 23DZZIG of the Act, a benefit mentioned in Schedule 1 is a permitted benefit if: (a) a beneficiary who is, or is connected to, a requester of a kind of pathology service, asks for, or accepts, the benefit from a provider, or a person connected to a provider, of a kind of pathology service; or (b) a provider, or a person connected to a provider, of a kind of pathology service offers or provides the benefit to a beneficiary who is, or is connected to, a requester of a kind of pathology service.
(2) However, a benefit is not a permitted benefit if: (a) it is related to the number, kind or value of requests for pathology services made by a requester to a particular provider; or (b) taken with other benefits of the same kind, it exceeds the number that would usually be needed by the beneficiary's practice. Schedule 1 Permitted benefits (section 6)
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