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36
If you give the words their plain-English
meaning, which is a key principal of
statutory interpretation, one would conclude
the intention is that patients are referred
to a person not a practice. But what the
legislation doesn't say is also relevant.
Both the Act and Regulations are silent
as to whether the referral must specifically
name the specialist to whom the patient is
being referred and, in the absence of such
direction, it must be assumed that this is
not a Medicare requirement.
The legislative requirement is that the
patient is referred `to another practitioner',
but nowhere is there a further requirement
to address the other practitioner by name.
What is required is that the patient is
referred to `a single' specialist as opposed
to everyone in the specialist practice ­ all of
whom could theoretically charge an initial
consultation for that patient, which is clearly
not the policy's intention.
It is therefore accepted medical practice,
as opposed to a legislative requirement, that
referrals address a specialist by name where
possible. But the reality is that sometimes,
for very good reasons, referrals arrive
addressed to `Dear Cardiology Practice'.
Interestingly, this is something GP software
facilitates but most specialist software does
not. That notwithstanding, what should you
do in these circumstances?
Many practice managers will call the
referrer and request a revised referral
naming the specialist. If a referral pad has
been used, some will circle the name of the
specialist who sees the patient on the day,
while others will simply insert a name or `fill
in the blank'. For those whose personalities
borderontheedgeofOCD,themostsensible
preference is option one, which offers
indisputable certainty.
But the correct response is that as long
as all other requirements concerning the
need for the referral and the content of the
referral have been satisfied, and the referral
is taken up by one specialist only, then
the legal requirements have been met and
the referral is valid. Put simply, there is no
Medicare requirement whereby a referral
must address a specialist by name.
Can you `take over' a referral?
An often-asked question is what to do in
circumstances where an otherwise valid
referral does name a particular specialist
but that specialist is not available to see
the patient.
Firstly, always keep in mind the GP who
made the initial referral and the reasons for
that referral. Sometimes a GP will refer to
a specific specialist because the GP is of the
view that a particular practitioner will best
meet the medical needs of the patient. But
it's also true that sometimes the GP simply
wants their patient seen ASAP, and any
specialist will do.
There is nothing in the legislation to
prevent another specialist from `taking over'
a referral on a permanent basis and claiming
the relevant specialist-referred MBS items.
Though, of course, it would be prudent for
someone to communicate the change of
specialist and the reasons for the change to
the referrer.
In circumstances where the named
specialist ­ the principal ­ is not available
and a locum is covering, the locum tenens
provisions of the MBS provide the solution.
The patient does not have to be seen by the
principal and can be seen under that referral,
by a locum. A new referral is not required as it
is accepted medical practice that the original
referral applies to the locum.
In these circumstances Medicare benefits
are determined based on the qualifications
of the locum, not the principal. And it should
be noted that an initial consultation can
only be claimed once, by either the locum or
the principal ­ whoever first saw the patient
under that referral.
Emergencies and new conditions
In circumstances where one is seeing a
personwithproblemXandisthenaskedto
see them at 4am for a new problem when
there's clearly no ability to obtain a new
MEDICAL BILLING