Section 19(2) of the Health Insurance Act 1973 Prevents Prisoners Accessing Medicare: Fact or Fiction?

Abstract

This article explores the origins and operation of s 19(2) of the Health Insurance Act 1973 (Cth) and argues that it may not now and may never have created a barrier to Medicare access for prisoners as is commonly thought. Advocates have long asked for a s 19(2) exemption to allow Medicare access in custody. However, even if such an exemption were granted, it may not provide the access to Medicare necessary to have meaningful benefit for prisoners and may have other unintended consequences. We offer an alternative solution to the unquestionable need for Medicare access in prisons that requires no political intervention. This is based on our finding that denial of Medicare access to prisoners has always been practically rather than legally imposed, and the established fact that prisoners do not lose their entitlements to Medicare benefits while incarcerated.