Health Insurance Commission Regulations (Amendment) (Cth)

Statutory Rules 1997No. 286 1

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Health Insurance Commission Regulations2 (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 1 October 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN HERRON

Minister for Aboriginal and Torres Strait Islander Affairs

for the

Minister for Health and Family Services

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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 3Q (Additional functions of the Commission: Australian Childhood Immunisation Register)

2.1   Omit regulation 3Q, substitute:

Additional functions of the Commission: immunisation information feedback scheme

 “3Q.(1) For subsection 8E (1) of the Act, the following functions of the Commission are prescribed:

• (a)

  to establish and maintain a register of participating practices and general practitioners;

• (b)

  to use information given with applications under paragraph 3P (1) (a) and this regulation, and other information provided by participating practices, to identify medical practitioners working in the practices;

• (c)

  to determine the immunisation coverage of children attending each individual general practitioner or participating practice;

• (d)

  to give immunisation feedback statements for each reference period to:

  • (i)

    participating practices; and

  • (ii)

    individual general practitioners; and

  • (iii)

    divisions of general practice;

• (e)

  to give to participating practices and individual general practitioners who are authorised recognised immunisation providers, on request, information about the immunisation status of children who attended the practice or practitioner during a reference period.

 “(2) For paragraph (1) (c), the Commission may use information contained in:

• (a)

  the record of claims for benefits under the Health Insurance Act 1973 or the Veterans’ Entitlements

  Act 1986 for attendances as set out in items numbered not greater than 98 in a table of medical services made by regulations under subsection 4 (1) of the Health Insurance Act 1973; and

• (b)

  the Australian Childhood Immunisation Register kept under section 46B of the Health Insurance Act 1973.

 “(3) An immunisation feedback statement given to a participating practice under paragraph (1) (d) for a reference period must give de‑identified aggregated data on the immunisation status of children who attended the practice during the reference period.

 “(4) An immunisation feedback statement given to an individual general practitioner under paragraph (1) (d) for a reference period must give de‑identified aggregated data on the immunisation status of children to whom the practitioner provided services during the reference period, except where the service was provided at a participating practice.

 “(5) An immunisation feedback statement given to a division of general practice under paragraph (1) (d) must give de‑identified aggregated data on the immunisation status of children living within the area covered by the division.

 “(6) In this regulation:

‘authorised’ means authorised under subsection 46E (2) of the Health Insurance Act 1973;

‘division of general practice’ means a body mentioned in Division 1 of a Part of Schedule 1A of the Health Insurance Regulations;

‘general medical practice’ has the same meaning it has in regulation 3P, except that a reference to ‘the application’ in regulation 3P is taken to be a reference to:

• (a)

  for a practice participating in the Better Practice Program under regulation 3P—the practice’s application under regulation 3P; or

• (b)

  for a participating practice under paragraph (b) of the definition of ‘participating practice’—the practice’s application under this regulation;

‘general practitioner’ means:

• (a)

  a medical practitioner in respect of whom a determination under section 3EA of the Health Insurance Act 1973 is in force; or

• (b)

  a person registered under section 3F of the Health Insurance Act 1973 as a vocationally registered general practitioner; or

• (c)

  a person undertaking an approved placement in general practice as part of:

  • (i)

    a training program for general practice leading to Fellowship of the Royal Australian College of General Practitioners; or

  • (ii)

    another training program recognised by the Royal Australian College of General Practitioners as being of equivalent standard;

‘individual general practitioner’, for a reference period,means a general practitioner who has provided 1 or more services after the end of the reference period, other than services provided at a participating practice;

‘participating practice’ means a general medical practice that:

• (a)

  is participating in the Better Practice Program under regulation 3P; or

• (b)

  is registered as a participating practice for this regulation;

‘recognised immunisation provider’ has the meaning given by section 46A of the Health Insurance Act 1973;

‘reference period’ means a period of 1 year ending 4 months before the start of the quarter in which the feedback statement is given.”.

3.   Schedule 3 (Bodies to which information in the Australian Childhood Immunisation Register may be given)

3.1   Omit Schedule 3.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 October 1997.

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 Nos. 102, 257, 404 and 450; 1995 Nos. 24, 286, 375 and 440; 1996 Nos. 159 and 322.