Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 88A

Director must decide whether to review

  (1)   If the Chief Executive Medicare requests the Director to review the provision of services by a person, the Director must, within 1 month after receiving the request, decide whether or not to undertake the review.

  (2)   The Director must decide to undertake the review if, after considering the request and any other relevant information the Director has obtained, it appears to the Director that there is a possibility that the person has engaged in inappropriate practice in providing services during the review period.

  (3)   If the Director does not make a decision under subsection   (1) within the period of 1 month specified in that subsection, the Director is taken to have decided, at the end of that period, to undertake the review.

  (4)   The Director must give written notice of the decision to:

  (a)   the person; and

  (b)   the Chief Executive Medicare.

  (5)   The notice must be given within 7 days after the decision is made but failure to give the notice within that time does not affect the validity of the decision.

  (6)   If the Director decides to undertake the review, the notice given to the person under review under paragraph   (4)(a) must set out the terms of section   89B.

  (7)   Failure to comply with subsection   (6) does not affect the validity of the decision.

  (8)   If the Director decides not to undertake the review, the notice given to the Chief Executive Medicare under paragraph   (4)(b) must include the grounds for the decision.



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