Health Insurance Legislation Amendment (2018 Measures No. 1) Instrument 2018 (Cth)

Health Insurance Legislation Amendment (2018 Measures No. 1) Instrument 2018

I, MICHAEL RYAN, delegate of the Minister for Health, make the following instrument under sections 3C and 4BA of the Health Insurance Act 1973. 

Dated           18 September 2018

Michael Ryan

Acting Assistant Secretary

MBS Policy and Specialist Services Branch

Medical Benefits Division

Department of Health

Contents

1.           Name

2.           Commencement

3.           Authority

4.           Schedules

Schedule 1 – Amendments to Instruments made under section 3C of the Health Insurance Act 1973

Health Insurance (Allied Health Services) Determination 2014

Health Insurance (Midwife and Nurse Practitioner) Determination 2015

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

Schedule 2 – Amendments to Instrument made under section 4BA of the Health Insurance Act 1973

Health Insurance (Pathologist-determinable Services) Determination 2015

1. Name

This Instrument is the Health Insurance Legislation Amendment (2018 Measures No. 1) Instrument 2018.

1. Commencement

This Instrument commences immediately after the commencement of the Health Insurance Regulations 2018.

1. Authority

This Instrument is made under sections 3C and 4BA of the Health Insurance Act 1973 (the Act).

1. Schedules

Each instrument that is specified in a Schedule to this Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Instrument has effect according to its terms.

Schedule 1 – Amendments to Instruments made under section 3C of the Health Insurance Act 1973

Health Insurance (Allied Health Services) Determination 2014

1  Subsection 4(1) (definition of allied health service)

Repeal the definition, substitute:

allied health service means:

(a)   a health service of a kind prescribed by section 12 of the Health Insurance   Regulations 2018; or

(b)  a health service that is an optometry treatment service;

that is specified in an item in Schedule 2.

Health Insurance (Midwife and Nurse Practitioner) Determination 2015

2  Subsection 4(1)

Repeal the subsection, substitute:

(1)   In this Part:

collaborative arrangement, for a participating midwife’s patient, means a collaborative arrangement mentioned in section 5 of the Health Insurance Regulations 2018.

delivery includes episiotomy and repair of tears.

3  Subsection 10(2)

Repeal the subsection, substitute:

(2)   In this section:

collaborative arrangement, for a participating nurse practitioner’s patient, means a collaborative arrangement mentioned in section 7 of the Health Insurance Regulations 2018.

4  Schedule 1 (item 82100, column 2, paragraph (f))

Omit “section 2E of the Health Insurance Regulations 1975”, substitute “section 6 of the Health Insurance Regulations 2018”.

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

5  Paragraph 6(a))

Repeal the paragraph, substitute:

(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

Schedule 2 – Amendments to Instrument made under section 4BA of the Health Insurance Act 1973

Health Insurance (Pathologist-determinable Services) Determination 2015

6  Subsection 4(1) (definition of Regulations)

Repeal the definition.