Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015 (Cth)

Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015

made under subsection 3C(1) of the

Health Insurance Act 1973

Compilation No. 1               

Compilation date:   1 October 2018

Includes amendments up to:            Health Insurance Legislation Amendment (2018                Measures No. 1) Instrument 2018

About this compilation

This compilation

This is a compilation of the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015 that shows the text of the law as amended and in force on 1 October 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1.      Name of Determination

2.      Commencement

3.      Revocation of Health Insurance (Diabetes Testing in  Aboriginal and Torres ...............

Strait Islander Primary Health Care  Sites) Determination HS/01/2006

4.      Interpretation

5.      Circumstances where this Determination applies

6.      Treatment of a relevant service

Schedule -        Specified health services

Endnotes

Endnote 1—About the endnotes

Endnote 3—Legislation history

Endnote 4—Amendment history

1.       Name of Determination

This Determination is the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015.

2.       Commencement

This Determination commences on 1 December 2015. 

3.       Revocation of Health Insurance (Diabetes Testing in           Aboriginal and Torres Strait Islander Primary Health Care        Sites) Determination HS/01/2006

This Determination revokes the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/2006.

4.       Interpretation

(1)   In this Determination:

Act means the Health Insurance Act1973.

QAAMS Program means the program, known as the Quality Assurance in Aboriginal Medical Services Program, funded by the Department of Health as a program to provide education, training, quality assurance, quality control and on-going support services for point of care diabetes testing in Aboriginal Community Controlled Health Services and Aboriginal Medical Services.

relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in the Schedule.

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.

(2)   Unless the contrary intention appears, in this Determination a reference to a provision of the Act or regulations made under the Act 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.

5.       Circumstances where this Determination applies

This Determination applies to a relevant service only where all of the following circumstances apply:

(a)        the service is rendered by or on behalf of a medical practitioner; 

(b)        the practitioner referred to in paragraph (a), or the organisation for which the practitioner works, is participating in the QAAMS Program; and

(c)        the service is provided in accordance with that Program; and

(d)       the practitioner referred to in paragraph (a) has determined the service to be necessary for his or her patient.

6.       Treatment of a relevant service

A relevant service shall be treated as if:

(a)        it were both a professional service and a medical service for the purposes of the provisions of the Act, the National Health Act 1953, the Health Insurance Regulations 2018 and the National Health Regulations 2016 that make provision in respect of professional services or medical services, other than provisions that make provision for pathology services specifically; and

(b)        there were an item in the pathology services table that related to the relevant service and specified in respect of the service a fee in relation to a State, being the fee specified in the Schedule in relation to the State specified.

Schedule - Specified health services

Item	Health Service	Fee for all States
73839	Quantitation of HbA1c (glycated haemoglobin) performed for the diagnosis of diabetes in asymptomatic patients at high risk - not more than once in a 12 month period.	$16.80
73840	Quantitation of glycosylated haemoglobin performed in the management of established diabetes – each test to a maximum of 4 tests in a 12 month period.	$17.00
73844	Quantitation of urinary microalbumin as determined by urine albumin excretion on a timed overnight urine sample or urine albumin/creatinine ratio as determined on a first morning urine sample in the management of established diabetes.	$20.35

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

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination 2015	25 November 2018 (see F2015L01837)	1 December 2018	—
Health Insurance Legislation Amendment (2018 Measures No. 1) Instrument 2018	24 September 2018 (see F2018L01333)	1 October 2018	—

Endnote 4—Amendment history

Provision affected	How affected
Paragraph 6(a)	rs (F2018L01333)