Commonwealth Numbered Regulations - Explanatory Statements Commonwealth Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
HEALTH INSURANCE AMENDMENT REGULATIONS 2005 (NO. 6) (SLI NO 286 OF 2005)
Select Legislative Instrument 2005 No. 286
Health Insurance Act 1973
Heath Insurance Amendment Regulations 2005 (No. 6)
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 Regulations prescribe exercise physiology as a health service for the purpose of section 3C of the Act. Exercise physiologists provide professional services in the area of physical rehabilitation, disease prevention, and establishment and maintenance of functional independence. They use positive health behaviour change and counselling strategies to maximise physical activity options, and develop tailored sustainable exercise programs to manage chronic disease.
The Regulations give effect to changes to Medicare announced by the Australian Government in September 2005, and enable Medicare benefits to be payable for exercise physiology services in specified circumstances.
Exercise physiology is prescribed as a health service. 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 that service under the Medicare Benefits Schedule.
The Department of Health and Ageing consulted with the allied health and dental care initiative’s consultative group in relation to this amendment. The consultative group includes representatives from the Australian Divisions of General Practice, the Australian Medical Association, the Royal Australian College of General Practitioners, the Rural Doctors Association of Australia, all national peak bodies representing eligible allied health professional groups, the Australian Dental Association and Medicare Australia.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
Details of the proposed Regulations are set out in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on 1 January 2006.
Authority: Subsection 133(1) of the
Health Insurance Act 1973
ATTACHMENT
Details of the Health Insurance Amendment Regulations 2005 (No. 6)
Regulation 2 provides for the Regulations to commence on 1 January 2006.
Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975 (the Principal Regulations).
This item amends Subregulation 3A(1) of the Principal Regulations to prescribe exercise physiology as a “health service” for the purposes of section 3C of the Health Insurance Act 1973 (the Act).