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

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.