PRIVATE HEALTH INSURANCE INCENTIVES ACT 1998

CHAPTER 4 - PROVISIONS APPLYING BOTH TO INCENTIVE PAYMENTS SCHEME AND TO PREMIUMS REDUCTION SCHEME  

PART 7 - GENERAL  

Division 19 - Miscellaneous  

SECTION 19-1   NOTIFICATION REQUIREMENTS - HEALTH FUNDS  

19-1(1)   [Request for information]  

The Medicare Australia CEO may, by notice given to a * health fund , require the fund to provide information specified in the notice about a person who:

(a) is covered at any time during a financial year specified in the notice by an * appropriate private health insurance policy issued by the fund; or

(b) paid premiums under such a policy.

19-1(2)   [Types of information]  

The information that the Medicare Australia CEO may require the * health fund to provide is information relating to any of the following:

(a) the name, residential address and date of birth of each such person;

(b) the fund membership number of the policy;

(c) the name, residential address and date of birth of the person covered by the policy whom the health fund treats as the contributor in respect of the policy;

(d) the name, residential address and date of birth of any person who is a * partner of a person covered by the policy;

(e) whether the policy provides * hospital cover , * ancillary cover or * combined cover ;

(f) the date on which the policy was issued;

(g) whether the policy has terminated or been suspended, and, if it has, the date on which it terminated or was suspended;

(h) the amount of the premium under the policy;

(i) the period to which the premium relates;

(j) any increase or decrease in the premium;

(k) whether a payment in respect of a premium that was due within a period specified by the Medicare Australia CEO was not paid;

(l) any other information relevant to the operation of Chapter 2 or 3 that is determined in writing by the Medicare Australia CEO .

19-1(3)   [Limitation]  

For the purposes of paragraph (2)(l), the Medicare Australia CEO must not make a determination requiring the * health fund to provide:

(a) the * tax file number of any person; or

(b) information about the physical, psychological or emotional health of any person.

19-1(4)   [Disallowable instruments]  

Determinations under paragraph (2)(l) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .

19-1(5)   [Provision of information]  

The information required by a notice under subsection (1) is to be provided:

(a) in a form (including an electronic form) approved by the Medicare Australia CEO ; and

(b) within the period specified in the notice.

19-1(6)   [Offences]  

A * health fund is guilty of an offence if:

(a) the fund is required by a notice under subsection (1) to provide information within a specified period about a person or matter; and

(b) the fund fails to comply with the requirement.

Maximum penalty: 20 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

The obligation to provide information pursuant to a notice under subsection (1) is a continuing obligation and a health fund is guilty of an offence for each day, after the period specified in the notice, until the information is provided (see section 4K of the Crimes Act 1914 ).