Health Insurance (Cataract Surgery) Determination 2009 (No. 2) (Cth)

Health Insurance (Cataract Surgery) Determination 2009 (No. 2)

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I, NICOLA ROXON, Minister for Health and Ageing, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.

Dated 27^th November 2009    

N Roxon

NICOLA ROXON

________________________________

Minister for Health and Ageing

Contents

1.Name of Determination   3

2.Commencement and Cessation   3

3.Interpretation   3

4.Treatment of a relevant service   3

Schedule 1         Specified Health Service   5

Schedule 2         Specified Health Service   6

1. Name of Determination

This Determination is the Health Insurance (Cataract Surgery) Determination 2009 (No. 2).

1. Commencement  and Cessation

1. This Determination is taken to have commenced immediately upon the disallowance of the Health Insurance (Cataract Surgery) Determination 2009.

1. This Determination ceases at midnight on 31 October 2010.

1. Interpretation

1. In this Determination:

Act means the Health Insurance Act 1973.

relevant provisions means all provisions, relating to professional services or to medical services, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under that Act

relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in either Schedule 1 or Schedule 2 to this Determination, as the case requires.

Note          Unless the contrary intention appears, expressions used in this Determination have the same meanings as in the Act—see section 13 of the Legislative Instruments Act 2003.

1. Unless the contrary intention appears, a reference in this Determination to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

1. Treatment of a relevant service

1. A relevant service that is provided in accordance with this Determination during the period specified in subsection (2) is to be treated, for the relevant provisions, as if:

(a)it were both a professional service and a medical service; and

(b)there were an item in Group T8 of the general medical services table that:

i.        related to the service; and

ii.specified for the service a fee in relation to each State, being the fee specified in Schedule 1 in relation to the service.

1. For the purposes of subsection (1), the specified period is the period that:

(a)commences immediately upon the disallowance of the Health Insurance (Cataract Surgery) Determination 2009; and

(b)ceases at midnight on 25 November 2009.

1. A relevant service that is provided in accordance with this Determination during the period specified in subsection (4) is to be treated, for the relevant provisions, as if:

(a)it were both a professional service and a medical service; and

(b)there were an item in Group T8 of the general medical services table that:

i.        related to the service; and

ii.specified for the service a fee in relation to each State, being the fee specified in Schedule 2 in relation to the service.

1. For the purposes of subsection (3), the specified period is the period that:

(a)commences at 12:01am on 26 November 2009; and

(b)ceases at midnight on 31 October 2010.

Schedule 1         Specified Health Service

Item	Health Service	Fee for all States
42698	Lens extraction, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$350.95
42701	Artificial lens, insertion of, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$206.75
42702	Lens extraction and insertion of artificial lens, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$454.35
42718	Complex lens extraction and insertion of artificial lens, with a surgical procedure time of 40 minutes or more, excluding surgery performed for the correction of refractive error (other than anisometropia greater than 3 dioptres following the removal of cataract in the first eye) (Anaes.)	$900.75

Note: Section 3C(7) of the Act deems an internal territory to form part of the State of New South Wales.

Schedule 2         Specified Health Service

Item	Health Service	Fee for all States
42698	Lens extraction, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$375.95
42701	Artificial lens, insertion of, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$231.75
42702	Lens extraction and insertion of artificial lens, excluding surgery performed to correct a refractive error, other than anisometropia that exceeds 3 dioptres and develops after the removal of cataract in the first eye (Anaes.)	$491.85

Note: Section 3C(7) of the Act deems an internal territory to form part of the State of New South Wales.