Can I bill to Medicare when my patient is overseas but I am in Australia?

Date of Answer:
2:48pm | 8 January 2021
View History
12:03 pm  I  August 1, 2020  I  Margaret Faux

Date of Answer: 12:03 pm  I  August 1, 2020

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

Commonwealth v Bakare (unreported). ABC reporting of the decision at this link.

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively.

Relevant AIMAC courses

Introduction to Medicare and Medical Billing

Oncology and Haematology Billing

2:48 pm  I  January 8, 2021  I  Margaret Faux

Date of Answer: 2:48 pm  I  January 8, 2021

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

Commonwealth v Bakare (unreported). ABC reporting of the decision at this link.

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively in the sense that this has always been illegal, but now the Government has the ability to easily view immigration records to prove it has occurred.

Relevant AIMAC courses

Introduction to Medicare and Medical Billing

Oncology and Haematology Billing

5:58 pm  I  January 16, 2023  I  Margaret Faux

Date of Answer: 5:58 pm  I  January 16, 2023

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

Commonwealth v Bakare (unreported). ABC reporting of the decision at this link.

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively in the sense that this has always been illegal, but now the Government has the ability to easily view immigration records to prove it has occurred.

2:05 pm  I  May 15, 2023  I  Margaret Faux

Date of Answer: 2:05 pm  I  May 15, 2023

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

Commonwealth v Bakare (unreported). ABC reporting of the decision at this link.

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively in the sense that this has always been illegal, but now the Government has the ability to easily view immigration records to prove it has occurred.

5:34 pm  I  August 28, 2023  I  Margaret Faux

Date of Answer: 5:34 pm  I  August 28, 2023

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

NA

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively in the sense that this has always been illegal, but now the Government has the ability to easily view immigration records to prove it has occurred.

GA 2020/066

Answer

No.

Context

Doctor A wanted to know whether billing to Medicare was permitted in circumstances where an Australian, Medicare eligible patient, was overseas working or holidaying, and the doctor was in Australia, and the service took place via telehealth.

Relevant Legislative Provisions

Health Insurance Act 1973

National Health Act 1953

Other Relevant Materials

1. Parliamentary Bills Digest – Health Legislation Amendment (Data-matching and Other Matters) Bill 2019.

2. Industry article regarding the passage of the Medicare data matching bill through parliament in 2019. Medicare data-matching bill passes parliament https://www.innovationaus.com/medicare-data-matching-bill-passes-parliament/

Case law

NA

Departmental Interpretation

mbsonline.gov.au (accessed 25 June 2020)

AN.0.6 Patient Eligibility

Medicare covers services provided only in Australia.

GN.12.31 Services rendered on behalf of medical practitioners

Supervision from outside of Australia is not acceptable.

Detailed Reasoning

Please refer to GA 2020/065

The only way to legally bill in this scenario is to issue a private invoice and not claim through Medicare.

Examples and other relevant information

Australia has reciprocal health care arrangements in some countries. You can find out which countries at this link. Under these agreements eligible Australian’s visiting countries where we have agreements are usually covered for acute medical care.

Who this applies to

Everyone

When this applies

Always. Further, the new data-matching laws apply retrospectively in the sense that this has always been illegal, but now the Government has the ability to easily view immigration records to prove it has occurred.

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