19AFMy Health Record—record keeping requirement

#### 19AF My Health Record—record keeping requirement Requirement to keep evidence of upload exceptions (1) If: (a) medicare benefit is payable in respect of a professional service specified in the upload rules for the purposes of subsection 19AD(1); and (b) medicare benefit would not have been payable in respect of the service if an upload exception had not applied; the person by or on whose behalf the service was rendered must keep, or ensure another person keeps, for a period of 2 years starting on the day the service was rendered, evidence that an upload exception applied that meets the requirements (if any) specified in the upload rules. Civil penalty: 10 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. > Note: A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 130H). Requirement to produce evidence when required (3) If the Chief Executive Medicare reasonably believes that a person has possession, custody or control of evidence mentioned in subsection (1) in relation to a professional service, the Chief Executive Medicare may, by written notice given to the person, require the person to produce the evidence to the Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973), within the period and in the manner specified in the notice. (4) Subsection (3) does not apply in relation to: (a) the person in respect of whom the service was rendered; or (b) the person who incurred the medical expenses in respect of the service. (5) A person must comply with a requirement under subsection (3). Civil penalty: 10 penalty units. Handling of evidence produced (6) The Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) may make and retain copies of, or take and retain extracts from, any evidence produced under this section. (7) The Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) may take, and retain for as long as is necessary, possession of evidence produced under this section. (8) The person otherwise entitled to possession of the evidence is entitled to be supplied, as soon as practicable, with a copy certified by the Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) to be a true copy. (9) The certified copy must be received in all courts and tribunals as evidence as if it were the original. (10) Until a certified copy is supplied, the Chief Executive Medicare or Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) must, at such times and places as the Chief Executive Medicare or employee thinks appropriate, permit the person otherwise entitled to possession of the evidence, or a person authorised by that person, to inspect and make copies of, or take extracts from, the evidence.