Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 69 OF 2006)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 69

 

Subject:            Health Insurance Act 1973

 

                        Health Insurance Amendment Regulations 2006 (No. 1)

 

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides 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.

 

The Act provides, in part, for payments of Medicare benefits in respect of professional services rendered to eligible persons.  Section 3D of the Act provides for the recognition of members of certain organisations as specialists for the purpose of attracting Medicare rebates at the specialist level.  A medical practitioner is taken to be a specialist if a 'relevant organisation' gives the Chief Executive Officer of Medicare Australia written notice that the medical practitioner meets the criteria for the particular specialty.  The criteria as set out in subsection 3D (2) are that the medical practitioner:

*        is domiciled in Australia;

*        is a fellow of a relevant organisation in relation to the specialty; and

*        has obtained a relevant qualification in relation to the relevant organisation.

 

In December 2005 the Minister for Health and Ageing approved Pain Medicine and Palliative Medicine as new specialties through the Australian Medical Council's recognition process.  Pain Medicine and Palliative Medicine need to be included on Schedule 4 to the Health Insurance Regulations 1975, which lists the names of the specialties, relevant organisations and relevant qualifications that are recognised for the purposes of section 3D, to become recognised specialties which attract Medicare rebates at the specialist level. 

 

The purpose of the Regulations is to update Schedule 4 to include Pain Medicine and Palliative Medicine on the list of recognised medical specialties.

 

Details of the proposed Regulations are set out in the Attachment.

 

Consultation occurred with Medicare Australia and the relevant specialist medical colleges including the Australian and New Zealand College of Anaesthetists and the Royal Australasian College of Physicians.

 

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

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003

 

The Regulations commence on the day after registration on the Federal Register of Legislative Instruments. 


ATTACHMENT

 

DETAILS OF THE PROPOSED HEALTH INSURANCE AMENDMENT REGULATIONS 2006 (No. 1) 

 

 

 

Clause 1.  Short Title

These Regulations are the Health Insurance Amendment Regulations 2006 (No. 1).

 

Clause 2.  Commencement

These Regulations commence on the day after they are registered.

 

Clause 3.  Schedule(s)

Schedule 1 amends the Health Insurance Regulations 1975 (the Principal Regulations).

 

Schedule 1 -- Amendments

 

Item 1.  Subregulation 3A(3)

This item amends the Principal Regulations to remove reference to section 46A of the Acts Interpretation Act 1901 ('the AIA') and replace it with a reference to 'legislative instrument'.  Section 46A of the AIA was repealed with effect from 1 January 2005 and paragraph 6(d) of the Legislative Instruments Act 2003 now applies.

 

Item 2.            Schedule 4, Part 1, item 102, column 3

This item adds Palliative Medicine to the list of recognised medical specialties under the Royal Australasian College of Physicians, listed in Schedule 4 to the Principal Regulations.  This will allow medical practitioners who meet the criteria for the Palliative Medicine specialty to be recognised as specialists for the purposes of the Health Insurance Act 1973.

 

Item 3.              Schedule 4, Part 1, after item 102

This item adds Palliative Medicine to the list of recognised medical specialties under the Royal Australasian College of Physicians, Australasian Chapter of Palliative Medicine, listed in Schedule 4 to the Principal Regulations.  This will allow medical practitioners who meet the criteria for the Palliative Medicine specialty to be recognised as a specialist for the purposes of the Health Insurance Act 1973.

 

Item 4.  Schedule 4, Part 1, after item 106

This item adds Pain Medicine to the list of recognised medical specialties under the Australian and New Zealand College of Anaesthetists, Faculty of Pain Medicine, listed in Schedule 4 to the Principal Regulations.  This will allow medical practitioners who meet the criteria for the Pain Medicine specialty to be recognised as a specialist for the purposes of the Health Insurance Act 1973.

 

Item 5.              Schedule 4, Part 2, item 202, column 4

This item amends the acronym for the Fellowship of the Faculty of Intensive Care,

Australian and New Zealand College of Anaesthetists from 'FFICA NZCA' to

'FFICANZCA'.  The current acronym is incorrectly stated in the Principal Regulations and needs to be amended.

 


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