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Schedule 1—Amendments

Schedule 1 Amendments

   

Health Insurance Act 1973

1  Subsection 3(1)

Insert:

Transparent Patient Outcomes rules has the meaning given by section 124ZCB.

2  After subsection 124Y(6)

Insert:

          (6A)  This section does not prohibit:

                     (a)  the disclosure of information by a person in accordance with the Transparent Patient Outcomes rules ; or

                     (b)  the disclosure of information collected or used in accordance with the Transparent Patient Outcomes rules, as otherwise required or authorised by law.

Note:          However, i nformation collected or used in accordance with the Transparent Patient Outcomes rules is not admissible in evidence against a practitioner in civil or criminal proceedings (see section 124ZCD).

3  Section 124ZC

Before “If:”, insert “(1)”.

4  At the end of section 124ZC

Add:

             (2)  Subsection (1) does not apply in relation to section 124Y.

             (3)  Section 124Y limits the operation of a State or Territory law to the extent that such a law is not capable of operating concurrently with section 124Y.

5  After Part VC

Insert:

Part VCA—Transparent patient outcomes

124ZCA   Simplified outline of this Part

This Part enables the Minister to make rules for the publication of a public register of statistical information relating to surgical procedures and patient outcomes.

124Z CB   Transparent Patient Outcomes rules

             (1)  The Minister may, by legislative instrument, make rules (the Transparent Patient Outcomes rules ) to establish and maintain a public register of statistical information relating to surgical procedures and patient outcomes.

Content of rules

             (2)  The Transparent Patient Outcomes rules may provide for the public register to include information about the following:

                     (a)  the number and type of surgical procedures performed by each practitioner;

                     (b)  the number and type of surgical procedures performed at each hospital or other facility;

                     (c)  in relation to each practitioner, facility and type of surgical procedure:

                              (i)  identifying details of each practitioner, including but not limited to their name and address or addresses at which they practice; and

                             (ii)  the rate of revision of the procedure; and

                            (iii)  the rate of mortality as a consequence or likely consequence of the procedure; and

                            (iv)  patient demographics; and

                             (v)  patient diagnoses; and

                            (vi)  information relating to any prostheses used; and

                           (vii)  fees payable;

                     (d)  information acquired by a person in connection with a quality assurance activity declared under section 124X.

Note:          For quality assurance activity , see subsection 124W(1).

             (3)  The Transparent Patient Outcomes rules may provide for the collection and publication of information.

             (4)  The Transparent Patient Outcomes rules may provide for how information on the public register is to be corrected, updated, or otherwise changed.

             (5)  Subsections (2), (3) and (4) do not limit subsection (1).

             (6)  The Transparent Patient Outcomes rules must prohibit the publication on the public register of sensitive information (within the meaning of the Privacy Act 1988 ), including but not limited to health information about an individual.

             (7)  To avoid doubt, the Transparent Patient Outcomes rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

Consultation on rules etc. relating to personal information

             (8)  Before making the Transparent Patient Outcomes rules, the Minister must:

                     (a)  consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the  Australian Information Commissioner Act 2010 ); and

                     (b)  have regard to any submissions made by the Information Commissioner because of that consultation.

Incorporation by reference

             (9)  For the purposes of subsection (1), the Transparent Patient Outcomes rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time.

           (10)  Subsection (9) has effect despite subsection 14(2) of the  Legislation Act 2003 .

Inconsistency of rules and regulations

           (11)  Transparent Patient Outcomes rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but the rules are taken to be consistent with the regulations to the extent that the rules are capable of operating concurrently with the regulations.

124ZCC   Immunity from suit when acting in accordance with Transparent Patient Outcomes rules

             (1)  If:

                     (a)  a person ( the relevant person ) engages in any conduct in good faith in accordance with the Transparent Patient Outcomes rules; and

                     (b)  the conduct adversely affects any right or interest of another person, being a person who provides health services;

no action, suit or other civil proceeding, other than a proceeding in respect of a breach of the rules of law relating to procedural fairness that is alleged to have occurred in the course of that conduct, may be brought by the other person against the relevant person in respect of that conduct.

             (2)  If, after the conduct ceased to be engaged in, the conduct is no longer in accordance with the Transparent Patient Outcomes rules because the rules are amended or repealed, this section nevertheless continues to apply in respect of the conduct.

124ZCD  Information not to be used in civil or criminal proceedings

Information collected in accordance with the Transparent Patient Outcomes rules

             (1)  Information collected or used in accordance with the Transparent Patient Outcomes rules is not admissible in evidence against a practitioner in civil or criminal proceedings .

             (2)  Any information, document or thing obtained as a direct or indirect consequence of the information being collected or used in accordance with the Transparent Patient Outcomes rules is not admissible in evidence against a practitioner in civil or criminal proceedings.

             (3)  If, after the information was collected or used, that collection or use is no longer in accordance with the Transparent Patient Outcomes rules because the rules are amended or repealed, subsections (1) and (2) nevertheless continue to apply in respect of that information.

Information on register

             (4)  Information on the public register referred to in subsection 124ZCB(1) is not admissible in evidence against a practitioner in civil or criminal proceedings.

             (5)  Any information, document or thing obtained as a direct or indirect consequence of the information being published on the public register is not admissible in evidence against a practitioner in civil or criminal proceedings.

             (6)  If, after the information is published on the public register, that information is no longer on the register because it is removed, or the Transparent Patient Outcomes rules are amended or repealed, subsections (4) and (5) nevertheless continue to apply in respect of that information.

6  Application provision—information disclosure

Subsection 124Y(6A) of the Health Insurance Act 1973 , as inserted by this Schedule, applies in relation to information t hat :

                     (a)  becomes known solely as a result of a declared quality assurance activity engaged in, on or after the commencement of this item; and

                     (b)  is acquired by a person on or after the commencement of this item.