Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 139

Request for assessment

  (1)   A Health Minister may request the Pricing Authority to make an assessment about a cost - shifting dispute between his or her jurisdiction (the first jurisdiction ) and another jurisdiction (the second jurisdiction ).

  (2)   The request must be:

  (a)   in writing; and

  (b)   accompanied by a written submission in support of the request.

  (3)   The Pricing Authority must investigate the dispute if it is satisfied that the jurisdictions have:

  (a)   complied with any relevant requirements set out in intergovernmental agreements, or agreements between States or States and Territories; and

  (b)   made other reasonable efforts to resolve the dispute.

  (4)   As soon as practicable after starting to investigate the dispute, the Pricing Authority must give the Health Minister of the second jurisdiction:

  (a)   the following in writing:

  (i)   notice of the request;

  (ii)   an invitation to make a written submission to the Pricing Authority about the dispute within 60 days after receiving the invitation; and

  (b)   a copy of the submission that accompanied the request.

  (5)   Following the investigation, the Pricing Authority must:

  (a)   prepare a draft assessment and give them to the Health Ministers; and

  (b)   invite the Health Ministers to give the Pricing Authority written comments on the draft assessment within 30 days after receiving them.

The draft assessment must be accompanied by a copy of any submissions received by the Pricing Authority.

Final assessment

  (6)   The Pricing Authority must prepare a final assessment and give it to the Health Ministers.

  (7)   If the assessment is that costs to the first jurisdiction in relation to health care services are attributable to one or more changes that have been made to the policies, programs or practices of the second jurisdiction, the Pricing Authority must publish the final assessment on the Pricing Authority's website.