Health Insurance Commission Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 102 1

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Health Insurance Commission Regulations 2(Amendment)

I, THE ADMINISTRATOR of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Commission Act1973.

Dated 13 April 1994.

 P. BENNETT

 Administrator

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.   New regulations 3J, 3K, 3L, 3M and 3N

2.1   After regulation 3H, insert:

Additional functions of the Commission in relation to Diabetes Australia

 “3J. For the purposes of subsection 8E (1) of the Act, it is a prescribed function of the Commission to make contractual payments, on behalf of the Commonwealth, to Diabetes Australia for the purposes of funding the scheme known as the National Diabetic Supplies Scheme.

Additional functions of the Commission in relation to certain committees

 “3K. (1)  For the purposes of subsection 8E (1) of the Act, it is a prescribed function of the Commission:

• (a)

  to prepare material for meetings of a prescribed committee; and

• (b)

  to draft minutes of those meetings; and

• (c)

  to prepare notices from:

  • (i)

    the chairperson of a prescribed committee regarding decisions of the committee; or

  • (ii)

    the Minister regarding decisions of a prescribed committee; and

• (d)

  to prepare on behalf of a prescribed committee statements of reasons and responses to persons who have applied to the committee for recognition; and

• (e)

  to arrange appointments of members (including acting members) of a prescribed committee and of consultants to a prescribed committee; and

• (f)

  to prepare instruments of referral of matters to a prescribed committee; and

• (g)

  to prepare determinations for the Minister in relation to matters on which a prescribed committee has advised the Minister; and

• (h)

  to arrange travel, and payment of sitting fees and expenses, for members (including acting members) of a prescribed committee; and

• (j)

  in relation to a Medical Benefits (Dental Practitioners) Committee—to maintain a register of medical practitioners who are approved for the purposes of the scheme known as the Cleft Lip and Cleft Palate Scheme; and

• (k)

  in relation to a Medical Benefits (Dental Practitioners) Committee—for the purposes of administering the scheme known as the Cleft Lip and Cleft Palate Scheme:

  • (i)

    to maintain a register of medical practitioners and dental practitioners who are approved for the purpose of certifying that a patient has a cleft lip or a cleft palate and is therefore eligible for the Scheme; and

  • (ii)

    to register applications by patients for admission to the Scheme; and

  • (iii)

    to issue a numbered card to each patient under the Scheme for facilitating payment to the patient of medicare rebates related to the Scheme.

 “(2) In this regulation:

‘prescribed committee’ means:

• (a)

  a Vocational Registration Eligibility Committee; or

• (b)

  the Vocational Registration Appeal Committee; or

• (c)

  a Specialist Recognition Advisory Committee; or

• (d)

  the Specialist Recognition Appeal Committee; or

• (e)

  a Medical Benefits (Dental Practitioners) Committee.

Additional functions of the Commission in relation to undertakings by optometrists

 “3L. (1)  For the purposes of subsection 8E (1) of the Act, it is a prescribed function of the Commission:

• (a)

  on behalf of the Commonwealth, to process undertakings by optometrists that are given to the Minister for the purposes of section 23B of the Health Insurance Act; and

• (b)

  on behalf of the Minister:

  • (i)

    to accept an undertaking; or

  • (ii)

    to refer to an Optometrical Services Committee of Inquiry for inquiry and report the question whether the Minister would be justified in refusing to accept an undertaking; or

  • (iii)

    to refuse to accept an undertaking; and

• (c)

  to serve notice on an optometrist, in accordance with subsection 23B (3) of that Act, notification of acceptance or refusal to accept the optometrist’s undertaking.

 “(2) In this regulation:

‘optometrist’ has the same meaning as in section 23A of the Health Insurance Act;

‘undertaking’ means an undertaking in accordance with the common form of undertaking as drawn up or varied from time to time under section 23A of the Health Insurance Act.

Additional functions of the Commission in relation to pathology laboratories and specimen collection centres

 “3M. (1)  For the purposes of subsection 8E (1) of the Act, it is a prescribed function of the Commission:

• (a)

  to undertake, on behalf of the Minister, the following functions under Division 4 or Division 4A of Part IIA of the Health Insurance Actor under any applicable principles determined under a provision of either of those Divisions:

  • (i)

    the approval in principle, and the approval, of premises as an accredited pathology laboratory; and

  • (ii)

    the refusal to approve premises as an accredited pathology laboratory; and

  • (iii)

    the variation or revocation of an approval of a kind mentioned in subparagraph (i); and

  • (iv)

    the determination of a qualification to be equivalent to a qualification referred to in:

    • (A)

      paragraph (a) or (b) of the definition of ‘scientist’ in subsection 23DNA (4) of the Health Insurance Act; or

    • (B)

      paragraph (a) or (b) of the definition of ‘senior scientist’ in that subsection; and

  • (v)

    the determination of the maximum number of licensed collection centres that an approved pathology authority may operate at any time during a specified year beginning on 1 February; and

  • (vi)

    a determination that, because of special circumstances specified in the determination, an approved pathology authority should, if a licence is granted to it in respect of a licensed collection centre, be allowed to operate the collection centre in addition to the collection centres that it already operates; and

  • (vii)

    the approval in principle of the grant of a licence in respect of a specimen collection centre; and

  • (viii)

    the grant of a licence in respect of a specimen collection centre; and

  • (ix)

    the allocation of a separate number to each licensed collection centre; and

  • (x)

    the revocation of a licence in respect of a specimen collection centre; and

  • (xi)

    the cancellation of a licence in respect of a specimen collection centre; and

  • (xii)

    where a licence in respect of a specimen collection centre is cancelled—the payment of a partial refund of the licence fee; and

  • (xiii)

    the nomination of a person to be an authorised person; and

• (b)

  to review, on behalf of the Minister in the performance of his or her functions under section 23DO of the Health Insurance Act, a decision:

  • (i)

    not to make a determination under subsection 23DNC of that Act; or

  • (ii)

    under section 23DND of that Act—to refuse to approve the grant of a licence in respect of a specimen collection centre; or

  • (iii)

    under section 23DNG of that Act—to revoke a licence; or

  • (iv)

    not to determine, under:

    • (A)

      paragraph (c) of the definition of ‘scientist’ in subsection 23DNA (4) of that Act; or

    • (B)

      paragraph (c) of the definition of ‘senior scientist’ in that subsection;

   that a qualification is equivalent to a qualification referred to in paragraph (a) or (b) of the relevant definition.

 “(2)In this regulation, a word or expression that is defined for the purposes of:

• (a)

  the Health Insurance Act; or

• (b)

  Part IIA of that Act; or

• (c)

  Division 4A, or a section of Division 4A, of that Part;

has the meaning assigned to it by that definition.

Additional functions of the Commission in relation to the Medicare Benefits Advisory Committee

 “3N.(1)  For the purposes of subsection 8E (1) of the Act, it is a prescribed function of the Commission to provide to the Medicare Benefits Advisory Committee all clerical or administrative support services that are necessary or convenient for the performance of the Committee’s functions under section 67 of the Health Insurance Act.

 “(2) The function prescribed in subregulation (1) includes, in particular:

• (a)

  preparing and distributing briefing material for consideration by the Committee; and

• (b)

  drafting reports of the Committee; and

• (c)

  arranging travel, and payment of sitting fees and expenses, for members (including acting members) of the Committee; and

• (d)

  preparing notices by delegates of the Minister to appellants regarding the results of appeals; and

• (e)

  distributing circulars setting out, by way of precedents, decisions arising out of recommendations of the Committee; and

• (f)

  preparing references under section 12 of the Health Insurance Act by the Minister to the Committee.

 “(3) In this regulation:

‘Medicare Benefits Advisory Committee’ means the committee of that name established under subsection 66 (1) of the Health Insurance Act.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 April 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; 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.