HEALTH INSURANCE ACT 1973 - SECT 23DZC Revocation of remote area exemption
HEALTH INSURANCE ACT 1973 - SECT 23DZC
Revocation of remote area exemption(1) The Minister may revoke a remote area exemption that has been granted to a medical practitioner under section 23DX if the Minister is satisfied that:
(a) the practitioner's practice is no longer situated in an area that is a remote area for the purposes of this Division; or
(b) the facilities for rendering R - type diagnostic imaging services in the area in which the practice is situated (including facilities provided by practitioners visiting the area regularly) are no longer such that, were subsection 16B(1) to apply to the rendering of those services, patients in the area would suffer physical or financial hardship; or
(c) where a Medicare Participation Review Committee has advised the Minister under subsection 124F(7) or 124FF(6) that the remote area exemption should be revoked--the remote area exemption should be revoked for the reasons given by the Committee in its advice.
(1A) The Minister may revoke a remote area exemption that has been granted to a practitioner under section 23DXA if the Minister is satisfied that:
(a) the premises in relation to which the exemption has been granted are situated in an area that is no longer a remote area for the purposes of this Division; or
(b) the facilities for rendering diagnostic imaging services in that area (including facilities provided by practitioners visiting the area regularly and facilities provided by practitioners to whom a remote area exemption has been granted under section 23DX) are no longer such that patients in the area would suffer physical or financial hardship if the exemption were revoked; or
(c) where a Medicare Participation Review Committee has advised the Minister under subsection 124F(7) or 124FF(6) that the remote area exemption should be revoked--the remote area exemption should be revoked for the reasons given by the Committee in its advice.
(2) The Minister must not revoke a remote area exemption unless:
(a) the practitioner has been given a written notice:
(i) stating that revocation of the remote area exemption is being considered; and
(ii) setting out the grounds for considering revocation; and
(iii) stating that the practitioner may, within 6 months after the notice is given, make written submissions to the Minister as to why the remote area exemption should not be revoked; and
(b) due consideration has been given to any such submissions
made by or on behalf of the practitioner during those 6 months.