Health Insurance Legislation Amendment (2019 Measures No. 1) Regulations 2019 (Cth)
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 19 September 2019
David Hurley
Governor‑General
By His Excellency’s Command
Greg Hunt
Minister for Health
Contents
This instrument is the
Health Insurance Legislation Amendment (2019 Measures No. 1) Regulations 2019 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 25 September 2019 |
Schedule 1 | 1 November 2019. | 1 November 2019 |
Schedule 2 | 1 January 2020. | 1 January 2020 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the
Health Insurance Act 1973.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Omit “2220”, substitute “2478”.
After “2220,”, insert “2461, 2463, 2464, 2465, 2471, 2472, 2475, 2478,”.
After “2220,”, insert “2461, 2463, 2464, 2465, 2471, 2472, 2475, 2478,”.
Insert:
(1) An item in Subgroup 5 or 6 of Group A30 applies to a professional attendance on a patient by a medical practitioner only if:
(a) the patient is not an admitted patient; and
(b) the patient is located within a Modified Monash 6 area or a Modified Monash 7 area; and
(c) at the time of the attendance, the patient and the medical practitioner are at least 15 km by road from each other; and
(d) the patient has received 3 face‑to‑face professional attendances from that practitioner in the preceding 12 months.
(2) An item in Subgroup 5 or 6 of Group A30 does not apply if the patient or the medical practitioner travels to a place to satisfy the requirement in paragraph (1)(c).
5
Schedule 1 (Group A30 table, at the end of the table) Add:
2461 | Professional attendance by video conference by a general practitioner for an obvious problem characterised by the straightforward nature of the task that requires a short patient history and, if required, limited examination and management—each attendance | 17.50 |
2463 | Professional attendance by video conference by a general practitioner, of less than 20 minutes in duration, including any of the following that are clinically relevant:
for one or more health‑related issues, with appropriate documentation—each attendance | 38.20 |
2464 | Professional attendance by video conference by a general practitioner, of at least 20 minutes in duration but less than 40 minutes, including any of the following that are clinically relevant:
for one or more health‑related issues, with appropriate documentation—each attendance | 73.95 |
2465 | Professional attendance by video conference by a general practitioner, of at least 40 minutes in duration, including any of the following that are clinically relevant:
for one or more health‑related issues, with appropriate documentation—each attendance | 108.85 |
2471 | Professional attendance by video conference of not more than 5 minutes in duration by a medical practitioner who is not a general practitioner—each attendance | 11.00 |
2472 | Professional attendance by video conference of more than 5 minutes in duration but not more than 25 minutes by a medical practitioner who is not a general practitioner—each attendance | 21.00 |
2475 | Professional attendance by video conference of more than 25 minutes in duration but not more than 45 minutes by a medical practitioner who is not a general practitioner—each attendance | 38.00 |
2478 | Professional attendance by video conference of more than 45 minutes in duration by a medical practitioner who is not a general practitioner—each attendance | 61.00 |
Insert:
61524 | Whole body FDG PET study, performed for the staging of locally advanced (Stage III) breast cancer, for a patient who is considered suitable for active therapy (R) | 953.00 |
61525 | Whole body FDG PET study, performed for the evaluation of suspected metastatic or suspected locally or regionally recurrent breast carcinoma, for a patient who is considered suitable for active therapy (R) | 953.00 |
Repeal the items, substitute:
63487 | MRI—scan of both breasts, if:
| 690.00 |
63488 | MRI—scan of both breasts, if:
| 345.00 |
63489 | MRI—guided biopsy, if:
| 1440.00 |
63490 | MRI—guided biopsy, if:
| 720.00 |
63531 | MRI—scan of both breasts, if:
| 690.00 |
63532 | MRI—scan of both breasts, if:
| 345.00 |
63533 | MRI—scan of both breasts, if:
| 690.00 |
63534 | MRI—scan of both breasts, if:
| 345.00 |
8
At the end of Subdivision A of Division 2.3 of Schedule 1 Add:
(1) This clause applies if:
(a) a person attends a residential aged care facility; and
(b) during the attendance, the person carries out one or more eligible X‑ray procedures on one or more patients who are care recipients in the facility.
(2) The fee for the service that is rendered using the first eligible X‑ray service carried out during the attendance is the amount listed in the item that applies to the service plus $73.65.
Insert:
care recipient has the meaning given by the general medical services table.
eligible X‑ray procedure means a diagnostic imaging procedure used in rendering a service to which item 57509, 57515, 57521, 57527, 57530, 57533, 57536, 57539, 57703, 57705, 57709, 57711, 57712, 57714, 57715, 57717, 58503, 58505, 58521, 58523, 58524, 58526, 58527, 58529, 58903 or 58905 applies.
residential aged care facility has the meaning given by the general medical services table.
Omit “
, 32087, 32090 and 32093 ”, substitute “and 32087 ”.
Omit “, 32087, 32090 or 32093”, substitute “or 32087”.
Omit “item 32090 or 32093”, substitute “any of items 32222 to 32228”.
13
Schedule 1 (items 32088, 32089, 32090 and 32093) Repeal the items.
Insert:
32222 | Endoscopic examination of the colon to the caecum by colonoscopy, for a patient:
Applicable only once on a day under a single episode of anaesthesia or other sedation (Anaes.) | 339.70 |
32223 | Endoscopic examination of the colon to the caecum by colonoscopy, for a patient:
Applicable only once in any 5‑year period (Anaes.) | 339.70 |
32224 | Endoscopic examination of the colon to the caecum by colonoscopy, for a patient who has a moderate risk of colorectal cancer due to:
Applicable only once in any 3‑year period (Anaes.) | 339.70 |
32225 | Endoscopic examination of the colon to the caecum by colonoscopy, for a patient who has a high risk of colorectal cancer due to having had a previous colonoscopy that:
Applicable not more than 4 times in any 12‑month period (Anaes.) | 339.70 |
32226 | Endoscopic examination of the colon to the caecum by colonoscopy, for a patient who has a high risk of colorectal cancer due to:
Applicable only once in any 12‑month period (Anaes.) | 339.70 |
32227 | Endoscopic examination of the colon to the caecum by colonoscopy:
Applicable only once on a day under a single episode of anaesthesia or other sedation (Anaes.) | 476.70 |
32228 | Endoscopic examination of the colon to the caecum by colonoscopy, other than a service to which item 32222, 32223, 32224, 32225 or 32226 applies Applicable only once (Anaes.) | 339.70 |
32229 | Removal of one or more polyps during colonoscopy, in association with a service to which item 32222, 32223, 32224, 32225, 32226 or 32228 applies (Anaes.) | 274.00 |
Omit “, 11512 or 22018”, substitute “or 11512”.
16
Schedule 1 (item 11508, column 2, subparagraph (a)(iv)) Omit “peri‑operative”, substitute “perioperative”.
Omit “, 11507 or 22018”, substitute “or 11507”.
18
Schedule 1 (items 18216, 18219, 18226 and 18227, column 2) After “Intrathecal”, insert “, combined spinal‑epidural”.
Insert:
18297 | Assistance at the administration of an epidural blood patch (a service to which item 18233 applies) by another medical practitioner | 60.30 |
20
Subclause 2.45.1(1) of Schedule 1 (paragraph (d) of the definition of amount under clause 2.45.1 ) Omit “22001”, substitute “22002”.
21
Subclause 2.45.1(2) of Schedule 1 (paragraph (d) of the definition of amount under clause 2.45.1 ) Omit “22001”, substitute “22002”.
22
Subclause 2.45.1(3) of Schedule 1 (paragraph (d) of the definition of amount under clause 2.45.1 ) Omit “22001”, substitute “22002”.
23
Clause 2.45.2 of Schedule 1 (paragraph (d) of the definition of amount under clause 2.45.2 ) Omit “22001”, substitute “22002”.
Omit “120.60”, substitute “100.50”.
Omit “160.80”, substitute “140.70”.
After “for”, insert “intranasal”.
Omit “radical surgery on the nose and accessory sinuses”, substitute “intranasal surgery for malignancy or for intranasal ablation”.
Omit “100.50”, substitute “80.40”.
Repeal the item.
After “abdomen,”, insert “including laparoscopic cholecystectomy,”.
Repeal the items, substitute:
20745 | Initiation of the management of anaesthesia for either or both of the following:
| 140.70 |
20750 | Initiation of the management of anaesthesia for hernia repairs to the upper abdominal wall, other than a service to which another item in this Subgroup applies | 100.50 |
Repeal the item, substitute:
20790 | Initiation of the management of anaesthesia for procedures within the peritoneal cavity in the upper abdomen, including any of the following: (a) open cholecystectomy; (b) gastrectomy; (c) laparoscopic assisted nephrectomy; (d) bowel shunts | 160.80 |
Repeal the item.
Omit “procedures within the peritoneal cavity in lower abdomen”, substitute “open procedures within the peritoneal cavity in the lower abdomen”.
Omit “(including endoscopy or biopsy, or both)”, substitute “(including surgical haemorrhoidectomy, but not banding of haemorrhoids)”.
Repeal the item.
Omit “140.70”, substitute “120.60”.
Omit “100.50”, substitute “80.40”.
Repeal the item.
Omit “120.60”, substitute “100.50”.
Repeal the item, substitute:
21952 | Initiation of the management of anaesthesia for diagnostic muscle biopsy to assess for malignant hyperpyrexia | 80.40 |
Repeal the item.
After “Administration of”, insert “homologous”.
Repeal the items, substitute:
22012 | Monitoring that:
(b) is conducted by indwelling catheter; and
(d) is performed, on a day, on a patient who:
| 60.30 |
22014 | Monitoring that:
(b) is conducted by indwelling catheter; and
(d) is performed, on a day, on a patient:
| 60.30 |
Repeal the item.
Repeal the item, substitute:
22025 | Intra‑arterial cannulation when performed in association with the management of anaesthesia for a procedure for a patient who:
| 80.40 |
Omit “post operative”, substitute “post‑operative”.
Repeal the items, substitute:
22041 | Introduction of a plexus or nerve block proximal to the lower leg or forearm, perioperatively performed in the induction room, theatre or recovery room, for post‑operative pain management | 40.20 |
22042 | Introduction of a regional or field nerve block performed via retrobulbar, peribulbar or sub‑Tenon’s block injection of an anaesthetic agent, or other complex eye block, when administered by an anaesthetist perioperatively | 20.10 |
Repeal the item.
50
Schedule 1 (items 23021, 23022, 23023, 23031, 23032, 23033, 23041, 23042, 23043, 23051, 23052, 23053, 23061, 23062, 23063, 23071, 23072, 23073, 23081, 23082 and 23083) Repeal the items, substitute:
23025 | Anaesthesia, perfusion or assistance, if the service time is more than 15 minutes but not more than 30 minutes | 40.20 |
23035 | Anaesthesia, perfusion or assistance, if the service time is more than 30 minutes but not more than 45 minutes | 60.30 |
23045 | Anaesthesia, perfusion or assistance, if the service time is more than 45 minutes but not more than 1 hour | 80.40 |
23055 | Anaesthesia, perfusion or assistance, if the service time is more than 1 hour but not more than 1:15 hours | 100.50 |
23065 | Anaesthesia, perfusion or assistance, if the service time is more than 1:15 hours but not more than 1:30 hours | 120.60 |
23075 | Anaesthesia, perfusion or assistance, if the service time is more than 1:30 hours but not more than 1:45 hours | 140.70 |
23085 | Anaesthesia, perfusion or assistance, if the service time is more than 1:45 hours but not more than 2:00 hours | 160.80 |
Omit “patient’s age is less than 12 months or is 70 years or more”, substitute “patient is aged not more than 3 years or at least 75 years”.
Omit “post operative”, substitute “post‑operative”.
Omit “post operative”, substitute “post‑operative”.
Add:
; or (d) the Secretary has given the relevant proprietor written notice of the Secretary’s decision under clause 1.2.4 to affirm a decision to refuse to grant an exemption under subclause (4) of this clause, and:
(i) if an application for review has not been made under clause 1.2.4A—the time for making an application for review has not expired; or
(ii) if an application for review has been made under clause 1.2.4A—each party to the proceeding has not been given a copy of the decision of the Administrative Appeals Tribunal on review.
Note: For the time for making an application for review, see paragraph 29(1)(d) and subsection 29(2) of the
Administrative Appeals Tribunal Act 1975 .
Insert:
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary under clause 1.2.4, made on or after 1 November 2019, to affirm decisions to refuse to grant exemptions.
Repeal the clause, substitute:
(1) This clause applies to a service described in an item in Subdivision B, D, E or G if the diagnostic imaging procedure used to render the service is carried out in an area other than:
(a) an area that is RA2, RA3 or RA4; or
(b) an area that is both:
(i) RA1; and
(ii) RRMA4 or RRMA5.
(2) The item applies to the service only if the procedure is carried out as permitted by subclause (3) or (4).
(3) For the purposes of subclause (2), the procedure used to render a service described in an item in Subdivision B, D, E or G may be carried out:
(a) by a medical practitioner; or
(b) by a person who is registered as a medical radiation practitioner under a law of a State or Territory, if the person carries out the procedure under the supervision of a medical practitioner in accordance with accepted medical practice.
(4) For the purposes of subclause (2), the procedure used to render a service described in an item in Subgroup 3 of Group I3 may also be carried out by a dental practitioner if the dental practitioner carries out the procedure under the supervision of a medical practitioner in accordance with accepted medical practice.
Repeal the clause.
58
Schedule 1 (items 52, 53, 54, 57, 58, 59, 60 and 65, column 2, paragraph (b)) Repeal the paragraph, substitute:
|
59
Schedule 1 (items 90092, 90093, 90095 and 90096, column 2) Omit all the words after “(subject to clause 2.31.1),”, substitute “by a medical practitioner who is not a general practitioner”.
60
Schedule 1 (item 12205, column 2, paragraph (a)) Repeal the paragraph, substitute:
|
61
Schedule 1 (item 12207, column 2, paragraph (i)) Omit “cardio‑respiratory”, substitute “respiratory”.
Omit “lymph gland”, substitute “lymph node”.
Omit “lymph glands”, substitute “lymph nodes”.
Omit “Lymph glands”, substitute “Lymph nodes”.
65
Schedule 1 (items 35551, 35664 and 35670, column 2) Omit “lymph glands”, substitute “lymph nodes”.
Insert:
41501 | Examination of glottal cycles and vibratory characteristics of the vocal folds, by a specialist in the practice of the specialist’s specialty of otolaryngology, using videostroboscopy (capturing audio, video, frequency and intensity), for confirmation of diagnosis, or for confirmation of treatment effectiveness where there is failure to progress or respond as expected, for:
other than a service associated with a service to which item 41764 applies, or a service associated with the administration of a general anaesthetic | 188.55 |
Repeal the item.
Repeal the item, substitute:
45626 | Ectropion or entropion (due to causes other than trachoma), correction of (unilateral) (Anaes.) | 331.25 |
45627 | Ectropion or entropion (due to trachoma), correction of (unilateral) (Anaes.) | 331.25 |
Omit “
51011 to 51171 ”, substitute “51011 to 51112 and 51115 to 51171 ”.
Omit “51011 to 51171”, substitute “51011 to 51112 and 51115 to 51171”.
Repeal the items, substitute:
51051 | Pedicle subtraction osteotomy, one vertebra, not being a service associated with a service to which item 51052, 51053, 51054, 51055, 51056, 51057, 51058 or 51059 applies (H) (Anaes.) (Assist.) | 1,879.60 |
51052 | Pedicle subtraction osteotomy, 2 vertebrae, not being a service associated with a service to which item 51051, 51053, 51054, 51055, 51056, 51057, 51058 or 51059 applies (H) (Anaes.) (Assist.) | 2,286.00 |
51053 | Vertebral column resection osteotomy performed through single posterior approach, one vertebra, not being a service associated with a service to which item 51051, 51052, 51054, 51055, 51056, 51057, 51058 or 51059 applies (H) (Anaes.) (Assist.) | 2,600.95 |
Omit “Spine fusion”, substitute “Spinal fusion”.
73
Schedule 1 (at the end of the cell at item 51145, column 2) Add:
(Assist.)
Omit “lymph gland”, substitute “lymph node”.
Insert:
Group A1 disqualified general practitioner means a general practitioner:
(a) who is partly disqualified under an agreement that is in effect under section 92 of the Act in respect of a service to which an item in Group A1 applies; or
(b) in relation to whom a final determination under section 106TA of the Act containing a direction under paragraph 106U(1)(g) that the practitioner be partly disqualified is in effect in respect of a service to which an item in Group A1 applies.
76
Clause 3.1 of Schedule 1 (at the end of the definition of non‑medicare service ) Add:
; (p) extracorporeal magnetic innervation.
Repeal the note, substitute:
Note: Some services are specified in a determination made under subsection 3C(1) of the Act.
78
Subsection 28(1) (cell at table item 9, column 2) Before “224,”, insert “177,”.
79
Subsection 28(1) (cell at table item 18, column 2) Before “701,”, insert “699,”.
80
Subsection 28(1) (at the end of the cell at table item 28, column 2) Add “, 2461, 2463, 2464, 2465, 2471, 2472, 2475, 2478, 2480, 2481, 2482, 2483”.
Insert:
28B | A36 | 90250, 90251, 90252, 90253, 90254, 90255, 90256, 90257, 90264, 90265, 90271, 90272, 90273, 90274, 90275, 90276, 90277, 90278, 90279, 90280, 90281, 90282 |
Omit “101.60”, substitute “91.45”.
Insert:
designated area means the following:
(a) a regional, rural or remote area;
(b) Tasmania;
(c) a geographical area included in any of the following SSD spatial units:
(i) Beaudesert Shire Part A;
(ii) Belconnen;
(iii) Darwin City;
(iv) Eastern Outer Melbourne;
(v) East Metropolitan Perth;
(vi) Frankston City;
(vii) Gosford‑Wyong;
(viii) Greater Geelong City Part A;
(ix) Gungahlin‑Hall;
(x) Ipswich City (Part in BSD);
(xi) Litchfield Shire;
(xii) Melton‑Wyndham;
(xiii) Mornington Peninsula Shire;
(xiv) Newcastle;
(xv) North Canberra;
(xvi) Palmerston‑East Arm;
(xvii) Pine Rivers Shire;
(xviii) Queanbeyan;
(xix) South Canberra;
(xx) South Eastern Outer Melbourne;
(xxi) Southern Adelaide;
(xxii) South West Metropolitan Perth;
(xxiii) Thuringowa City Part A;
(xxiv) Townsville City Part A;
(xxv) Tuggeranong;
(xxvi) Weston Creek‑Stromlo;
(xxvii) Woden Valley;
(xxviii) Yarra Ranges Shire Part A;
(d) the geographical area included in the SLA spatial unit of Palm Island (AC).
3
Clause 2.34.1 of Schedule 1 (definition of eligible area ) Repeal the definition, substitute:
eligible area means the following:
(a) a Modified Monash 2 area;
(b) a Modified Monash 3 area;
(c) a Modified Monash 4 area;
(d) a Modified Monash 5 area;
(e) a Modified Monash 6 area;
(f) a Modified Monash 7 area.
4
Schedule 1 (item 10992, column 2, paragraphs (g) and (h)) Omit “an eligible area”, substitute “a designated area”.
Repeal the definition, substitute:
ASGS means the July 2016 edition of the Australian Statistical Geography Standard, published by the Australian Bureau of Statistics, as existing on 1 January 2020.Note: The ASGS could in 2019 be viewed on the Australian Bureau of Statistics’ website ( 3.1 of Schedule 1
Insert:
designated area , for Division 2.34, has the meaning given by clause 2.34.1.
0
0
0