19ADMy Health Record—medicare benefits not payable in respect of certain professional services

#### 19AD My Health Record—medicare benefits not payable in respect of certain professional services (1) Medicare benefit is not payable in respect of a professional service specified in the upload rules rendered by or on behalf of a person specified for the service in the upload rules unless the person shares with the My Health Record system within the period specified in the upload rules the information specified in the upload rules for the service. (2) Subsection (1) does not apply if: (a) an upload exception applies in relation to the person sharing the information with the My Health Record system; or (b) another entity (within the meaning of the My Health Records Act 2012) has shared the information with the My Health Record system; or (c) a law of a State or Territory prescribed by regulations for the purposes of subsection 41(4) of, or subclause 9(3) of Schedule 1 to, the My Health Records Act 2012 prevents the person or any associate of the person for the service from sharing the information with the My Health Record system; or (d) the information is specified in My Health Records Rules made for the purposes of paragraph 78A(3)(d) of the My Health Records Act 2012; or (e) the person or an associate of the person for the service is specified in My Health Records Rules made for the purposes of paragraph 78A(3)(e) of the My Health Records Act 2012; or (f) the end of the period specified in the upload rules for the purposes of subsection (1) occurs: (i) during the period starting when the person or an associate of the person for the service applies to the My Health Record System Operator under section 19AE and ending when the application is resolved; or (ii) during a period approved by the My Health Record System Operator under section 19AE in relation to the person or an associate of the person for the service; or (iii) during any upload suspension period determined under subsection 78A(4) of the My Health Records Act 2012; or (iv) during the period starting when the person or an associate of the person for the service applies to the My Health Record System Operator under section 41B, 42 or 78B of that Act and ending when the application is finally determined (within the meaning of that Act); or (v) during the period approved by the My Health Record System Operator under section 41B or 78B of that Act in relation to the person or an associate of the person for the service. (3) An upload exception applies in relation to a person sharing with the My Health Record system information about a professional service rendered to an individual if: (a) the individual is not a registered healthcare recipient (within the meaning of the My Health Records Act 2012); or (b) either: (i) the individual, or an authorised representative or nominated representative of the individual, has advised the person or an associate of the person for the service; or (ii) the person or an associate of the person for the service has otherwise been informed that the individual, or an authorised representative or nominated representative of the individual, has advised; that the information must not be uploaded to the My Health Record system; or (c) an individual healthcare provider (within the meaning of the My Health Records Act 2012) reasonably believes that the information should not be shared with the My Health Record system because of a serious concern for the health, safety or wellbeing of the individual; or (d) the information cannot be shared with the My Health Record system due to circumstances beyond the reasonable control of the person and any associate of the person for the service. (4) A healthcare provider organisation (within the meaning of the My Health Records Act 2012) is an associate of a person in relation to a professional service in the following circumstances: (a) the person renders the service as an employee (within the meaning of the My Health Records Act 2012) of the healthcare provider organisation; (b) another person, as an employee (within the meaning of the My Health Records Act 2012) of the healthcare provider organisation, renders the service on behalf of the person; (c) the healthcare provider organisation provides support services or facilities to facilitate the rendering of the service by or on behalf of the person; (d) the circumstances (if any) specified in the upload rules. (5) Without limiting this section or subsection 33(3A) of the Acts Interpretation Act 1901, upload rules made for the purposes of subsection (1) may specify different periods for different professional services or different kinds of person.