HEALTH INSURANCE ACT 1973 - SECT 23DZZIM Provider civil penalty provisions--making threats

HEALTH INSURANCE ACT 1973 - SECT 23DZZIM

Provider makes threat

  (1)   A person contravenes this subsection if:

  (a)   the person is a provider of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   the provider threatens a second person; and

  (c)   the second person is, or is connected to, a requester of any of those kinds of services; and

  (d)   the threat:

  (i)   would be reasonably likely to induce a requester to request any of those kinds of services from a provider; or

  (ii)   is related to the business of rendering pathology services or diagnostic imaging services, as the case requires.

Civil penalty:

  (a)   for an individual--600 penalty units; and

  (b)   for a body corporate--6,000 penalty units.

Provider knows that person connected to provider makes threat

  (2)   A person contravenes this subsection if:

  (a)   the person is a provider of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   a second person threatens a third person; and

  (c)   the second person is connected to the provider; and

  (d)   the third person is, or is connected to, a requester of any of those kinds of services; and

  (e)   the provider knows (either at the time of the threat or at any later time) that:

  (i)   the second person threatens the third person; and

  (ii)   the second person is connected to the provider; and

  (iii)   the third person is, or is connected to, the requester; and

  (f)   the threat:

  (i)   would be reasonably likely to induce a requester to request any of those kinds of services from a provider; or

  (ii)   is related to the business of rendering pathology services or diagnostic imaging services, as the case requires.

Civil penalty:

  (a)   for an individual--600 penalty units; and

  (b)   for a body corporate--6,000 penalty units.

  (3)   Subsection   (2) does not apply if:

  (a)   within 30 days after the provider first becomes aware as mentioned in paragraph   (2)(e), the provider reports the threat to the Chief Executive Medicare, in the form approved in writing by the Chief Executive Medicare; or

  (b)   that 30 day period has not elapsed.