Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a reimbursement arrangement has been made in respect of an injury to a compensable person; and
(b) the person is entitled, under the reimbursement arrangement, to compensation by way of reimbursement of expenses as those expenses are incurred, being expenses relating to the professional services rendered to the person in the course of treatment of, or as a result of, the injury.
(2) Despite Part II of the Health Insurance Act 1973 , medicare benefit is not payable in respect of a professional service if, under the reimbursement arrangement, the whole or any part of the amount payable for the service has already been reimbursed before a claim for medicare benefit in respect of the service is made.
(3) If:
(a) medicare benefit has been paid in respect of a professional service rendered to the person; and
(b) under the reimbursement arrangement, the person is entitled to reimbursement of the whole or any part of the amount payable for the service;
the person entitled to the reimbursement is liable to pay to the Commonwealth an amount equal to the medicare benefit.
(4) Subsection (3) has effect only so far as it is not a law imposing taxation within the meaning of section 55 of the Constitution.
Note: So far as subsection (3) would be a law imposing taxation, see section 5 of the Health and Other Services (Compensation) Care Charges Act 1995 .