Health Insurance Commission Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 257 1

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Health Insurance Commission Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Commission Act 1973.

Dated 21 July 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

CARMEN LAWRENCE

Minister for Human Services and Health

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1.   Amendment

1.1   The Health Insurance Commission Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 3 (Additional functions of the Commission: investigations relating to inappropriate practice)

2.1   Subregulation 3 (1):

Omit the subregulation, substitute:

“(1)

In this regulation, unless the contrary intention appears:

‘inappropriate practice’ has the same meaning as in Part VAA of the Health Insurance Act;

‘medicare benefit’ has the same meaning as in the Health Insurance Act;

‘practitioner’ has the same meaning as in Part VAA of the Health Insurance Act;

‘referral’ has the same meaning as in Part VAA of the Health Insurance Act;

‘service’ has the same meaning as in Part VAA of the Health Insurance Act.”.

2.2   Subparagraphs 3 (2) (a) (i) and (ii):

Omit the subparagraphs, substitute:

• “(i)

  to prevent practitioners and other persons from engaging in inappropriate practice; and

• (ii)

  to facilitate the detection of cases where practitioners or other persons have engaged in inappropriate practice in connection with rendering or initiation of services and to enable the identification of those services; and”.

2.3   Paragraph 3 (2) (b):

Omit the paragraph, substitute:

• “(b)

  if there are reasonable grounds to suspect that a practitioner or other person has engaged in inappropriate practice, to investigate the conduct of that practitioner or other person for the purpose of deciding whether to make a referral;”.

2.4   Subparagraph 3 (2) (g) (i):

Omit “Divisions 3 and 3A of Part V, and”.

2.5   Subparagraph 3 (2) (g) (ii):

Omit “the Committees established under Division 3 or 3A of Part V of that Act and”.

3.   Regulation 3A (Additional functions of the Commission: pathology services etc.)

3.1   Subregulation 3A (1):

Omit the definitions of “excessive pathology service”, “initiate” and “practitioner”.

3.2   Paragraphs 3A (2) (a) and (b):

Omit the paragraphs.

3.3   Paragraph 3A (2) (f):

Omit “23DM,”.

3.4 Subparagraph

  3A (2) (f) (ii):

Omit the subparagraph.

4.   Saving

4.1   Regulation 3 of the Health Insurance Regulations as in force immediately before the date of commencement of this regulation continues to apply in relation to any matter that:

• (a)

  was referred to a Medical Services Committee of Inquiry or an Optometrical Services Committee of Inquiry under the Health Insurance Act 1973 before that date; and

• (b)

  immediately before that date had yet to be concluded within the meaning of section 12 of the Health Legislation (Professional Services Review) Amendment Act 1994.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 July 1994.

2. Statutory Rules 1975 No. 27 as amended by 1976 Nos. 21 and 146: 1982 No. 249: 1983 Nos. 88 and 152; Act No. 54, 1983; Statutory Rules 1984 No. 321; 1985 Nos. 41 and 70; 1986 No. 127; 1987 No. 165; 1989 Nos. 55, 96 and 195; 1991 No. 443; 1992 No. 241; 1993 Nos. 81, 89, 197 and 217; 1994 No. 102.