Health Insurance (General Medical Services Table) Amendment Regulations 2007 (No. 1) (Cth)

Health Insurance (General Medical Services Table) Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 10

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 15 February 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

Name of Regulations

These Regulations are the Health Insurance (General Medical Services Table) Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence on 1 March 2007.

Amendment of Health Insurance (General Medical Services Table) Regulations 2006

Schedule 1 amends the Health Insurance (General Medical Services Table) Regulations 2006.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 1, Part 2, subrule 3 (1), after definition of ACRRM

insert

after‑hours period means any of the following:

(a)a public holiday;

(b)a Sunday;

(c)before 8 am, or after 1 pm, on a Saturday;

(d)before 8 am, or after 8 pm, on any day other than a Saturday, Sunday or public holiday.

[2] Schedule 1, Part 2, subrule 3 (1), after definition of Rural, Remote and Metropolitan Areas Classification

insert

unsociable hours means between 11 pm and 7 am on any day.

[3] Schedule 1, Part 2, after rule 5

insert

5AMeaning of a patient’s medical condition requires urgent treatment and responsible person in certain items

(1)For items 1, 2, 97, 98, 448, 449, 601, 602, 697 and 698, a patient’s medical condition requires urgent treatment if:

(a)medical opinion is to the effect that the patient’s medical condition requires treatment within the unbroken after‑hours period in, or before, which the attendance mentioned in the item was requested; and

(b)treatment could not be delayed until the start of the next in‑hours period.

(2)For subrule (1), medical opinion is to a particular effect if:

(a)the attending practitioner is of that opinion; and

(b)in the circumstances that existed and on the information available when the opinion was formed, that opinion would be acceptable to the general body of medical practitioners.

(3)For items 1, 2, 97, 98, 448, 449, 601, 602, 697 and 698:

responsible person, for a patient:

(a)includes a spouse, parent, carer or guardian of the patient; and

(b)does not include:

(i)the attending medical practitioner; or

(ii)an employee of the attending medical practitioner; or

(iii)a person contracted by, or an employee or member of, the general practice of which the attending medical practitioner is a contractor, employee or member; or

(iv)a call centre; or

(v)a reception service.

5BApplication of items 2, 98, 448, 449, 602 and 698

Items 2, 98, 448, 449, 602 and 698 do not apply to a service provided by a medical practitioner:

(a)who routinely provides services to patients in after‑hours periods at consulting rooms; or

(b)who provides the service (as a contractor, employee, member or otherwise) for a general practice or clinic that routinely provides services to patients in after‑hours periods at consulting rooms.

[4] Schedule 1, Part 2, rule 15A

substitute

15AApplication of items 5000 to 5267

An item in the range 5000 to 5267 applies only to a professional attendance that is provided in an after‑hours period.

[5] Schedule 1, Part 3, item 1, column 2

substitute

Professional attendance at other than consulting rooms, by a general practitioner on not more than 1 patient on the 1 occasion — each attendance (other than an attendance in unsociable hours) in an after‑hours period, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken after‑hours period; and

(b) the patient’s medical condition requires urgent treatment

[6] Schedule 1, Part 3, item 2, column 2

substitute

Professional attendance at consulting rooms, by a general practitioner on not more than 1 patient on the 1 occasion — each attendance (other than an attendance in unsociable hours) in an after‑hours period, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken after‑hours period; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

[7] Schedule 1, Part 3, item 97, column 2

substitute

Professional attendance at other than consulting rooms, by a medical practitioner (other than a general practitioner) on not more than 1 patient on the 1 occasion — each attendance (other than an attendance in unsociable hours) in an after‑hours period, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken after‑hours period; and

(b) the patient’s medical condition requires urgent treatment

[8] Schedule 1, Part 3, item 98, column 2

substitute

Professional attendance at consulting rooms, by a medical practitioner (other than a general practitioner) on not more than 1 patient on the 1 occasion — each attendance (other than an attendance in unsociable hours) in an after‑hours period, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken after‑hours period; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

[9] Schedule 1, Part 3, Group A16, Subgroup 2, heading

substitute

Subgroup 2 — Urgent attendances — after‑hours period

[10] Schedule 1, Part 3, item 448, column 2

substitute

Professional attendance at consulting rooms — each attendance (other than an attendance in unsociable hours) in an after‑hours period, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken after‑hours period; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

[11] Schedule 1, Part 3, item 449, column 2

substitute

Professional attendance at consulting rooms — each attendance in unsociable hours if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken period of unsociable hours; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

[12] Schedule 1, Part 3, item 601, column 2

substitute

Professional attendance at other than consulting rooms, by a general practitioner on not more than 1 patient on the 1 occasion — each attendance in unsociable hours, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken period of unsociable hours; and

(b) the patient’s medical condition requires urgent treatment

[13] Schedule 1, Part 3, item 602, column 2

substitute

Professional attendance at consulting rooms, by a general practitioner on not more than 1 patient on the 1 occasion — each attendance in unsociable hours, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken a period of unsociable hours; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

[14] Schedule 1, Part 3, item 697, column 2

substitute

Professional attendance at other than consulting rooms, by a medical practitioner, (other than a general practitioner) on not more than 1 patient on the 1 occasion — each attendance in unsociable hours, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken period of unsociable hours; and

(b) the patient’s medical condition requires urgent treatment

[15] Schedule 1, Part 3, item 698, column 2

Professional attendance at consulting rooms, by a medical practitioner (other than a general practitioner) on not more than 1 patient on the 1 occasion — each attendance in unsociable hours, if:

(a) the attendance is requested by the patient or a responsible person in, or not more than 2 hours before the start of, the same unbroken period of unsociable hours; and

(b) the patient’s medical condition requires urgent treatment; and

(Item is subject to rule 5B)

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See