You have legal obligations when you bill a referred or requested service to Medicare.
A patient needs a referral or request for some Medicare services.
The terms ‘request’ and ‘referral’ are often used interchangeably. There are distinct legislative differences between requests and referrals:
- Referrals apply to specialist, consultant physician and allied health services.
- Requests are used for ordering tests like diagnostic imaging or pathology services.
If the legislative requirements for both a request and a referral are met, the same form can be used to:
- refer a patient to a specialist
- request tests from the same specialist.
There are rules you need to meet when referring a patient to a specialist or consultant physician for treatment.
Find out more about referrals for specialist treatment on the MBS online website.
A patient can be referred for allied health, mental health and other primary health care services under the following plans and initiatives:
- GP chronic condition management plan
- Better Access to psychiatrists, psychologists and general practitioners
- Eating disorder treatment and management plan
- Complex neurodevelopmental conditions and eligible disabilities
- Follow-up services after an Aboriginal and Torres Strait Islander health assessment.
Requests for diagnostic imaging services must include:
- the requesting health professional’s full name, provider number or practice address
- the date of the request
- a description of the services requested.
Requests for diagnostic imaging services do not expire and are valid until the service has been performed. There is no requirement for the requesting health professional to sign a request.
A single request may be used to order multiple diagnostic imaging services. For Medicare benefits to be payable, all services must be rendered within 7 days of the first service.
A patient can choose their own diagnostic imaging practice and doesn’t need to give a request to a specific practice.
Find out more on the MBS Online website about:
Requests for pathology services must include:
- the patient’s name and address
- the patient’s hospital status
- the requesting health professional’s full name, provider number and practice address
- a description of the services requested
- the date of the request.
A patient can choose their own Approved Collection Centre if there’s no clinical need for a specific pathologist or Accredited Pathology Laboratory to do the service.
Find out more about Responsibilities of Treating and Requesting Practitioners on the MBS Online website.
When sending or accepting electronic referrals and requests between parties, you have legal obligations as stipulated in the Electronic Transactions Act 1999. Section 10 has information about electronic signatures.
You can use electronic means when you’re required or permitted under Australian Government law to:
- provide information in writing
- provide a signature
- produce a document in material form
- retain information.
An electronic referral doesn’t need a handwritten signature. The signature method must both:
- identify the person signing
- show they intend to approve the referral.
Examples of acceptable electronic signatures include, but are not limited to:
- inserting a digital copy of the referrer’s signature in the document
- sending the referral from an email account owned by the referrer
- using an online or digital platform that securely links the referrer’s identity to the referral or securely transmits it.
The receiving health professional must agree to accept the referral in this format.
You must save, store and retain access to electronic referrals or requests so you can retrieve them unaltered. Your records may need to be checked in the event of an audit.
Find out more about electronic transactions on the Attorney-General’s Department website.
Your legal obligations when you bill a referred or requested service to Medicare are outlined in the following legislation:
- Health Insurance Act 1973
- Health Insurance Regulations 2018
- Health Insurance (Pathology Services Table) Regulations 2020
- Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020
- Health Insurance (General Medical Services Table) Regulations 2021
- Health Insurance (Allied Health Services) Determination 2014.
- Electronic Transactions Act 1999, refer to Section 10.