by Jared Reed  

New privacy safeguards have been agreed to in the Senate in the contentious draft legislation which gives Medicare the right to seize patient documents when questioning payments.  

The amendments mean that Medicare will not be able to “develop a reasonable concern” as to the clinical relevance of a service under investigation.  

Northern Territory senator and deputy leader of the National Party, Nigel Scullion, proposed eight amendments which were agreed to by the government and opposition.  

Senator Scullion says he is concerned that requesting to view private records as part of an audit is heavy-handed and risks the doctor-patient relationship.  

The changes mean that Medicare will need to specify the information relevant for determining whether amounts paid should have been paid, and back this up with reasons as to why the concern has arisen.  

However to identify the information it requires, Medicare must first consult with a “relevant professional body” which will provide advice. These relevant bodies will be chosen by the health minister.  

Medicare must also explain the factual issue that the doctor is required to substantiate, and those under investigation will be allowed to provide additional information to Medicare to validate their case.  

The amended bill will now return to the House of Representatives.