Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE (DIAGNOSTIC IMAGING SERVICES TABLE) AMENDMENT REGULATIONS 2001 (NO. 5) 2001 NO. 220

STATUTORY RULES 2001 No. 220

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

Health Insurance Act 1973

Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2001 (No. 5)

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

Section 4AA of the Act provides that the regulations may prescribe a table of diagnostic imaging services that are eligible for Medicare rebates under the Act. The table sets out the Medicare-eligible items which are classified as diagnostic imaging services, the amount of fees applicable in respect of each item and hence the benefit payable to patients, and rules for interpretation of the table.

The Health Insurance (Diagnostic Imaging Services Table) Regulations 2000 (the Regulations) are regulations that were made for the purposes of section 4AA of the Act.

The Regulations contain a table of items of diagnostic imaging services, including magnetic resonance imaging (MRI) services. The rules of interpretation provide that Medicare benefits in respect of MRI services are only payable where the services are performed with 'eligible equipment'. 'Eligible equipment' is defined in rule 27 as equipment which is eligible equipment in accordance with rule 31 or 31A:

Rule 31 provides that 'eligible equipment' must be located in Australia in a medical practice, or the radiology department of a hospital, that offers a comprehensive range of diagnostic imaging procedures, that is, procedures that include x-ray, ultrasound and computed tomography procedures. Moreover, the equipment must satisfy certain 'time of installation' requirements; and

Rule 31A provides that equipment (other than equipment to which rule 31 applies) registered under the scheme administered by the Department titled 'MRI Additional Units Eligibility Scheme', published in Gazette No. GN 20 on 23 May 2001 is 'eligible equipment'.

The amending Regulations amend rule 31A to take account of amendments to the 'MRI Additional Units Eligibility Scheme' which were gazetted on 27 June 2001. The Regulations provide that the 'NW Additional Units Eligibility Scheme' is the scheme in force as at 27 June 2001.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

NOTES ON CLAUSES

Regulation 1 provides that the Regulations may be cited as the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2001 (No. 5).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the Health Insurance (Diagnostic Imaging Services Table) Regulations 2000 are amended by Schedule 1.

Item 1 of Schedule 1 substitutes a new paragraph 31A(a) which refers to the 'MRI Additional Units Eligibility Scheme' as in force on 27 June 2001.

Item 2 of Schedule 1 adds a note at the foot of rule 31A which provides the gazettal details of the scheme.