Medicare Benefits Schedule - Note PN.2.2

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Category 6 - PATHOLOGY SERVICES

PN.2.2

Responsibilities of Approved Pathology Practitioners

Form of Request

There is no official "request in writing" form, and the requesting practitioner's own stationery, or pre-printed forms supplied by Approved Pathology Practitioners/Authorities are acceptable.

For the purposes of Medicare eligible services, the minimum information requirements for a pre-printed pathology request and combined pathology request/offer to assign are detailed within the: Health Insurance Act 1973; Health Insurance Regulations 2018; and the Privacy Act 1988.

The following table presents the minimum details that pre-printed pathology request forms and combined pathology request/offer to assign forms must contain for the purposes of a subsequent Medicare claim:

Requesting Practitioner
a) name
b) practice address or provider number

 

Patient Details
a) name - surname, first name
b) address
c) date of birth
d) sex
e) Medicare card number
f) hospital status
Two acceptable versions are as follows:
State the patient's status at the time of the service or when the specimen was collected:
OR cross out the statements that do not apply
Was or will the patient be, at the time of the service or when the specimen is obtained:
(a) a private patient in a private hospital or approved day hospital facility
(b) a private patient in a recognised hospital
(c) a public patient in a recognised hospital
(d) an outpatient of a recognised hospital

 

Tests Requested
a) an area titled "Tests Requested"

 

Self Determined (SD)
A tick box is required for SD. This is used when the APP determines that pathologist-determinable tests are necessary. This tick box can be put in the Clinical Notes area.

 

Mandatory patient advisory statement
One of the following statements:
'Your doctor has recommended that you use (insert name of pathology provider). You are free to choose your own pathology provider. However, if your doctor has specified a particular pathologist on clinical grounds, a Medicare rebate will only be payable if that pathologist performs the service. You should discuss this with your doctor.'
'Your treating practitioner has recommended that you use (insert name of pathology provider). You are free to choose your own pathology provider. However, if your treating practitioner has specified a particular pathologist on clinical grounds, a Medicare rebate will only be payable if that pathologist performs the service. You should discuss this with your treating practitioner.'

 

Privacy Note
The wording of the note must be:
"Privacy Note:  The information provided will be used to assess any Medicare benefit payable for the services rendered and to facilitate the proper administration of government health programs, and may be used to update enrolment records. Its collection is authorised by the provisions of the Health Insurance Act 1973. The information may be disclosed to the Department of Health and Aged Care or to a person in the medical practice associated with this claim, or as authorised/required by law." The placement of the note is only necessary on the patient's copy and could be incorporated into the clinical notes area.  Alternatively, the back of the patient copy could be used if that is more practicable.

Services Australia has developed a Health Practitioner Guideline to substantiate that a valid request existed (pathology or diagnostic imaging) which is located on the Services Australia website.

Combined Request/Assignment form only
Offer to Assign and Reference to Section 20A
An example of a Section 20A Offer to Assign is as follows:
"Medicare Agreement (Section 20A of the Health Insurance Act 1973)
I offer to assign my right to benefits to the approved pathology practitioner who will render the requested pathology service(s) and any eligible pathologist determinable service(s) established as necessary by the practitioner.
Patient signature ____________________  Date    /   /   /

Practitioners Use Only
A text box is also required for 'Practitioner's Use Only' this section is used where the patient is unable to sign and an appropriate person endorses on behalf of patient, eg.
Practitioner's Use Only
_______________________
(Reason patient cannot sign)


An Approved Pathology Practitioner or Approved Pathology Authority who, without reasonable excuse, provides to practitioners (directly or indirectly) combined request/assignment forms which are not in accordance with the legislation is guilty of an offence under the Health Insurance Act 1973 punishable, upon conviction, by a fine not exceeding 10 Penalty Units (in accordance with the Crimes Act 1914).

Patient Copy

Assignment of benefits requires the patient to receive a copy of the request. The doctor must cause the particulars relating to the professional service (tests requested) to be set out on the assignment form, before the patient signs the form and cause the patient to receive a copy of the form as soon as practicable after the patient signs it.

Authority to lodge a Patient Claim electronically

Where an Approved Pathology Practitioner or Approved Pathology Authority renders a service and the patient has not assigned the benefit the Approved Pathology Practitioner or Approved Pathology Authority can lodge a claim electronically to Services Australia on behalf of the patient where consent is provided. This consent can be provided verbally.

Combined Online Patient Claiming Authority

Authority for APP/APA to submit an electronic patient claim on behalf of the claimant

An example of wording that could be used is:
'I authorise the approved pathology practitioner who will render the requested pathology services, and any further pathology services which the practitioner determines to be necessary, to submit my unpaid account to Medicare, so that Medicare can assess my claim and issue me a cheque made payable to the practitioner, for the Medicare benefit.'

Patient Signature___________________ Date______/______/_______

Verbal consent was provided by patient to submit unpaid account to Medicare. No signature available.

Request to Approved Pathology Authority

It is acceptable for a request to be made to an Approved Pathology Authority who is the proprietor or one of the proprietors of a laboratory instead of making the request to the Approved Pathology Practitioner who renders the service or on whose behalf the service is rendered.

Holding, Retention, Recording and Production of Request Forms

Approved Pathology Practitioners must hold a request in writing for all services requested by any other practitioner before billing patients. An Approved Pathology Practitioner is required to retain written requests/confirmation of requests for pathology services for 2 years from the day when the service was rendered. This also applies to requests which an Approved Pathology Practitioner receives of which only some tests are referred to another Approved Pathology Practitioner (the first Approved Pathology Practitioner would retain the request for 2 years). If all tests were referred, the second pathologist would retain the original request.

If the written request or written confirmation has been recorded on film or other magnetic medium approved by the Minister for Health and Aged Care, for the purposes of storage and subsequent retrieval, the record so made shall be deemed to be a retention of the request or confirmation. The production or reproduction of such a record shall be deemed to be a production of the written request or written confirmation.

An Approved Pathology Practitioner or an Approved Pathology Authority is required to produce, on request from the Services Australia CEO, no later than the end of the day following the request from the CEO, a written request or written confirmation retained pursuant to the above paragraphs. An employee of Services Australia is authorised to make and retain copies of or take and retain extracts from written requests or written confirmations.

Offences in Relation to Retaining and Producing Request Forms

The following offences are punishable upon conviction by a fine not exceeding 10 penalty units:

  1. an Approved Pathology Practitioner who, without reasonable excuse, does not keep request forms for 2 years;
  2. an Approved Pathology Practitioner who, without reasonable excuse, does not produce a request form to an employee of Services Australia before the end of the day following the day of Services Australia CEO's request;
  3. an Approved Pathology Authority which, without reasonable excuse, does not keep request forms for 2 years;
  4. an Approved Pathology Authority which, without reasonable excuse, does not produce a request form to an employee of the Services Australia before the end of the day following the day of Services Australia CEO's request.

Referral From An Approved Pathology Practitioner To Another Approved Pathology Practitioner

Where an Approved Pathology Practitioner refers some or all services requested to another Approved Pathology Practitioner not associated with the same Approved Pathology Authority the following apply:

  1. where all the services are referred, the first Approved Pathology Practitioner should forward the original request to the second Approved Pathology Practitioner, and the document bearing the patient's assignment voucher so that the second Approved Pathology Authority can direct-bill Medicare;
  2. where some of the services which are listed in different items in the Schedule are referred, the first Approved Pathology Practitioner must issue his/her own request in writing listing the tests to be performed, and when necessary, forward a photocopy of the patient's assignment voucher so that the second Approved Pathology Authority can direct-bill Medicare

    in addition to the details of the first Approved Pathology Practitioner, the second Approved Pathology Practitioner must show on the account/receipt/assignment form:
    1. name and provider number of the original requesting practitioner; and
    2. date of original request;

  3. under the item coning rules (which limit benefits for multiple services) only one Medicare benefit is payable for services included in coned items except for estimations covered by Rule 6 entitled "designated pathology services". The exemption allows payment of more than one Medicare benefit where various components of the one item number from the same request e.g. drug assays (items 66800 and 66812) are performed by two Approved Pathology Authorities.

Although the provisions concerning designated pathology services in Rule 6 permit similar services (e.g. hormone estimations) to be performed by 2 or more laboratories, with different Approved Pathology Authorities, the sum of the Medicare benefit payable for services provided by the laboratories concerned will not exceed the maximum amount payable under the item coning rules when a single laboratory performs all the estimations.

Notes:

  1. the patient should be billed by each Approved Pathology Practitioner only for those services rendered by or on his/her behalf;
  2. photocopies of requests are not acceptable;
  3. in the case of "designated pathology services" 65150, 65175, 66650, 66695, 66711, 66722, 66785, 66800,66812, 66819, 66825, 69384, 69494, 71089, 71153 or 71165 a patient episode initiation fee (PEI) is payable for the services provided by the laboratory which receives the original request and performs one or more of the estimations.  However, no PEI is payable for services provided by the other laboratory which performs the remainder of the estimations. A "specimen referred fee" is payable instead. One Approved Pathology Practitioner cannot claim both a PEI and a "specimen referred fee" in relation to the same patient episode.

Offence Not To Confirm An Oral Request

An Approved Pathology Practitioner who, without reasonable excuse, does not confirm in writing an oral request to another Approved Pathology Practitioner within fourteen days of making the oral request is guilty of an offence under the Health Insurance Act 1973 punishable, upon conviction, by a fine not exceeding 10 Penalty Units (in accordance with the Crimes Act 1914), and the request is deemed never to have been made. 


Legend

  • Assist - Addition/Deletion of (Assist.)
  • Amend - Amended Description
  • Anaes - Anaesthetic Values Amended
  • Emsn - EMSN Change
  • Fee - Fee Amended
  • Renum - Item Number Change (renumbered)
  • New - New Item
  • NewMin - New Item (previous Ministerial Determination)
  • Qfe - QFE Change