Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 106L

  (1A)   This section applies if the person under review has been given a notice under subsection   106KD(3) inviting submissions on changes to the draft report.

  (1)   After the period of 1 month referred to in subsection   106KD(3), the Committee must, after taking into account any submissions made to the Committee by the person under review within that period, prepare a final report setting out:

  (a)   if the Committee members are unanimous in their findings--those findings; or

  (b)   if a majority of the Committee members are agreed on findings--those findings and the findings of the other Committee member or Committee members; or

  (c)   if there are not a majority of the Committee members who are agreed on findings--the respective findings of the Committee members.

  (1B)   The final report must not include a finding of inappropriate practice unless the finding and the reasons for the finding were included in the draft report under section   106KD.

  (2)   If the person under review is a practitioner, the final report may, with the person's written consent, include recommendations of the kind mentioned in subsection   106KD(2).

  (3)   Unless subsection   (5) applies, the Committee must:

  (a)   give copies of the final report to the person under review and the Director; and

  (b)   give the final report to the Determining Authority not earlier than 1 month after the day on which a copy of the report is given to the person under review.

  (4)   The copy given to the person under review under paragraph   (3)(a) must be accompanied by a written notice setting out the terms of paragraph   (3)(b).

  (5)   If the final report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice in the provision of some or all of the referred services:

  (a)   the Committee must give copies of the report to:

  (i)   the person under review; and

  (ii)   the Director; and

  (iii)   the Chief Executive Medicare; and

  (b)   the copies must include, or be accompanied by, a written notice stating that:

  (i)   the report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice; and

  (ii)   no further action will be taken as a result of the report.

  (6)   This section applies as if a reference in this section to a practitioner included a reference to a person who has been a practitioner.