Commonwealth Numbered Regulations - Explanatory Statements

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HEATH INSURANCE AMENDMENT REGULATIONS 2004 (NO. 4) 2004 NO. 125

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 3C(1) of the Act enables the Minister to make a written determination in respect of a health service, or a health service in a specified class of health services, for the purposes of payment of Medicare benefits. Subsection 3C(8) specifies the types of health services that may be subject to a determination under subsection 3C(1). Paragraph 3C(8)(b) of the Act enables other types of health services to be prescribed by regulations.

The purpose of the Regulations is to prescribe 12 classes of allied health services (for example psychology, physiotherapy and podiatry services) as health services for the purposes of section 3C of the Act. The Regulations give effect to changes to Medicare announced by the Australian Government in March 2004, and enable Medicare benefits to be payable for certain allied health services in specified circumstances.

Once the allied health services are prescribed as health services, the Minister for Health and Ageing may make a written determination under subsection 3C(1) of the Act specifying fees and other conditions applying to those services under the Medicare Benefits Schedule.

A determination made by the Minister under subsection 3C(1) of the Act is a disallowable instrument for the purposes of the Acts Interpretation Act 1901.

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations take effect on the date of their notification in the Gazette.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 4)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance Amendment Regulations 2004 (No. 4).

Regulation 2 provides for the Regulations to commence on the date of their notification in the Gazette.

Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975 (the Principal Regulations).

Schedule 1 - Amendments

Item [1]

This item amends the Principal Regulations to add a new regulation 3A to prescribe 12 classes of allied health services as "health services" for the purposes of section 3C of the Health Insurance Act 1973 (the Act).

Subregulation 3A(1) prescribes the following classes of health services, if provided by a person who is an allied health professional in relation to the provision of those services, as health services that could be the subject of a determination by the Minister under section 3C of the Act:

-       Aboriginal or Torres Strait Islander health, audiology, chiropody, chiropractic, dietetic, mental health, occupational therapy, osteopathy, physiotherapy, podiatry, psychology, and speech pathology.

Subregulation 3A(2) provides that a person is regarded as an allied health professional for the purposes of subregulation 3A(1) where that person is:

(a)       registered or licensed under a law of a State or Territory to provide certain health services and the person meets the requirements (if any) specified in a written determination made by the Minister;

(b)       where there is no such law, the person is a member of a professional association that has uniform national registration requirements relating to the provision of those services, and the person meets the requirements (if any) specified in a written determination made by the Minister; or

(c)       where neither (a) or (b) applies, the person meets the requirements (if any) specified in a written determination made by the Minister.

Subregulation 3A(3) provides that a written determination made by the Minister for these purposes is a disallowable instrument.