Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE AMENDMENT REGULATIONS 2001 (NO. 3) 2001 NO. 274

STATUTORY RULES 2001 No. 274

Issued by the Authority of the Minister for Health and Aged Care

Health Insurance Act 1973

Health Insurance Amendment Regulations 2001 (No. 3)

Section 133 of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations prescribing matters for the purposes of the Act.

Subsection 19(6) of the Act provides that a medicare benefit is not payable in respect of a professional service unless the person by or on behalf of whom the professional service was rendered, or an employee of that person, has recorded on the account, or on the receipt, for fees in respect of the service (or if the service was bulkbilled, on the assignment form) such particulars as are prescribed in relation to professional services generally or in relation to a class of professional services.

Regulation 13 of the Health Insurance Regulations 1975 (the Principal Regulations) sets out the particulars to be recorded on accounts, receipts and bulk billing agreements.

The purpose of the Regulations is to prescribe the following particulars that must be recorded on the account or receipt in relation to professional services for an item in Group T10 (anaesthesia performed in connection with certain services) of the general medical service table.

The Regulations prescribe the following particulars:

•       for services rendered by an anaesthetist, the name of each practitioner who performed the procedure in connection with which the anaesthesia services were rendered and (for items 25025 and 25050) the duration of the service time; and

•       for services rendered by an assistant anaesthetist, the names of the principle anaesthetist and each practitioner who performed a procedure in connection with which the anaesthesia services were rendered and (for item 25030) the duration of the service time.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 November 2001.

NOTES ON CLAUSES

Regulation 1 provides that the regulations may be cited as the Health Insurance Amendment Regulations 2001(No. 3).

Regulation 2 provides that the Regulations commence on 1 November 2001.

Regulation 3 provides that the Health Insurance Regulations 1975 are amended by Schedule 1.

Item 1 of Schedule 1 inserts a new subregulation 13(19). New subregulation 13(19) prescribes the following particulars in relation to professional services to which an item in Group T10 (anaesthesia performed in connection with certain services) of the general medical service table relates:

•       for services rendered by an anaesthetist, the name of each practitioner who performed the procedure in connection with which the anaesthesia services were rendered and (for items 25025 and 25050) the duration of the service time; and

•       for services rendered by an assistant anaesthetist, the names of the principle anaesthetist and each practitioner who performed a procedure in connection with which the anaesthesia services were rendered and (for item 25030) the duration of the service time.