Health Insurance Legislation Amendment (2021 Measures No. 2) Regulations 2021 (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 16 September 2021
David Hurley
Governor‑General
By His Excellency’s Command
Greg Hunt
Minister for Health and Aged Care
Contents
This instrument is the
Health Insurance Legislation Amendment (2021 Measures No. 2) Regulations 2021 .
(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.
The whole of this instrument | 1 November 2021. | 1 November 2021 |
Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 “14218”, substitute “14217, 14218, 14220”.
Insert:
A service under item 14217 or 14220 cannot be provided to a patient as maintenance therapy for the prevention of further relapse of the patient’s depression.
Insert:
14216 | Professional attendance on a patient by a psychiatrist, who has undertaken training in Repetitive Transcranial Magnetic Stimulation (rTMS), for treatment mapping for rTMS, if the patient:
(b) is at least 18 years old; and
| 186.40 |
14217 | Repetitive Transcranial Magnetic Stimulation (rTMS) treatment of up to 35 services provided by, or on behalf of, a psychiatrist who has undertaken training in rTMS, if the patient has previously received a service under item 14216 | 160.00 |
Insert:
14219 | Professional attendance on a patient by a psychiatrist, who has undertaken training in Repetitive Transcranial Magnetic Stimulation (rTMS), for treatment mapping for rTMS, if the patient: (a) is at least 18 years old; and
| 186.40 |
14220 | Repetitive Transcranial Magnetic Stimulation (rTMS) treatment of up to 15 services provided by, or on behalf of, a psychiatrist who has undertaken training in rTMS, if the patient has previously received:
(b) a service under item 14219 Each service up to 15 services | 160.00 |
Omit “
and 30300 ”, substitute “, 30300 and 30311 ”.
Omit “or 30300”, substitute “, 30300 or 30311”.
Omit “lymphotrophic”, substitute “lymphotropic”.
Insert:
30311 | Sentinel lymph node biopsy or biopsies for cutaneous melanoma, using preoperative lymphoscintigraphy and lymphotropic dye injection, if:
Applicable to only one lesion per occasion on which the service is provided (H) (Anaes.) (Assist.) | 647.65 |
9
Schedule 1 (item 11503, column 2, paragraph (b)) Omit “consultant respiratory physician”, substitute “specialist or consultant physician”.
10
Schedule 1 (item 11508, column 2, paragraph (f)) Omit “consultant respiratory physician”, substitute “specialist or consultant physician”.
11
Schedule 1 (item 11512, column 2, paragraph (d)) Omit “consultant physician practising respiratory medicine”, substitute “specialist or consultant physician”.
Omit “on a patient less than 16 years of age”.
13
Schedule 1 (at the end of Subgroup 2 of Group T8) Add:
32230 | Endoscopic mucosal resection using electrocautery of a non‑invasive sessile or flat superficial colorectal neoplasm which is at least 25mm in diameter, if the service is:
Applicable only once per polyp (H) (Anaes.) | 695.25 |
Insert:
35401 | Vertebroplasty, for one or more fractures in one or more vertebrae, performed by an interventional radiologist, for the treatment of a painful osteoporotic thoracolumbar vertebral compression fracture of the thoracolumbar spinal segment (T11, T12, L1 or L2), if:
(c) severe pain duration is 3 weeks or less; and
Applicable only once for the same fracture, but is applicable for a new fracture of the same vertebra or vertebrae (H) (Anaes.) | 710.50 |
15
Clause 7.1.1 of Schedule 1 (paragraph (o) of the definition of non‑medicare service ) Repeal the paragraph.
Insert:
45534 | Autologous fat grafting, unilateral service (harvesting, preparation and injection of adipocytes) if:
Up to a total of 4 services per side (for total treatment of a single breast) (H) (Anaes.) | 651.50 |
45535 | Autologous fat grafting, bilateral service (harvesting, preparation and injection of adipocytes) if:
Up to a total of 4 services (H) (Anaes.) | 1,140.15 |
Insert:
45589 | Autologous fat grafting (harvesting, preparation and injection of adipocytes) if:
(b) both:
(H) (Anaes.) | 651.50 |
Repeal the cell, substitute:
Correction of bilateral breast ptosis by mastopexy, if:
Applicable only once per lifetime (H) (Anaes.) (Assist.) |
After “11605,”, insert “11607,”.
Insert:
11607 | Continuous ambulatory blood pressure recording for 24 hours or more for a patient if:
(g) the service:
Applicable only once in any 12 month period
| 107.20 |
Repeal the item, substitute:
32500 | Varicose veins, multiple injections of sclerosant using continuous compression techniques, including associated consultation, one or both legs, if:
(b) the service is not for cosmetic purposes; and (c) the service is not associated with:
Applicable to a maximum of 6 treatments in a 12 month period (Anaes.) | 114.20 |
Repeal the items, substitute:
32507 | Varicose veins, sub‑fascial ligation of one or more incompetent perforating veins in one leg of a patient, if the service:
(b) is not associated with:
(H) (Anaes.) (Assist.) | 555.25 |
32508 | Varicose veins, complete dissection at the sapheno‑femoral or sapheno‑popliteal junction, with or without either ligation or stripping, or both, of the great or small saphenous veins in one leg of a patient, for the first time on the same leg, including excision or injection of either tributaries or incompetent perforating veins, or both, if the patient has significant signs or symptoms (including one or more of the following signs or symptoms) attributable to venous reflux: (a) ache; (b) pain; (c) tightness; (d) skin irritation; (e) heaviness; (f) muscle cramps; (g) limb swelling; (h) discolouration; (i) discomfort; (j) any other signs or symptoms attributable to venous dysfunction (H) (Anaes.) (Assist.) | 555.25 |
32511 | Varicose veins, complete dissection at the sapheno‑femoral and sapheno‑popliteal junction, with or without either ligation or stripping, or both, of the great or small saphenous veins in one leg of a patient, for the first time on the same leg, including excision or injection of either tributaries or incompetent perforating veins, or both, if the patient has significant signs or symptoms (including one or more of the following signs or symptoms) attributable to venous reflux: (a) ache; (b) pain; (c) tightness; (d) skin irritation; (e) heaviness; (f) muscle cramps; (g) limb swelling; (h) discolouration; (i) discomfort; (j) any other signs or symptoms attributable to venous dysfunction (H) (Anaes.) (Assist.) | 825.45 |
32514 | Varicose veins, ligation of the great or small saphenous vein in the same leg of a patient, with or without stripping, by re‑operation for recurrent veins in the same territory—one leg—including excision or injection of either tributaries or incompetent perforating veins, or both, if the patient has significant signs or symptoms (including one or more of the following signs or symptoms) attributable to venous reflux: (a) ache; (b) pain; (c) tightness; (d) skin irritation; (e) heaviness; (f) muscle cramps; (g) limb swelling; (h) discolouration; (i) discomfort; (j) any other signs or symptoms attributable to venous dysfunction (H) (Anaes.) (Assist.) | 964.35 |
32517 | Varicose veins, ligation of the great and small saphenous vein in the same leg of a patient, with or without stripping, by re‑operation for recurrent veins in either territory—one leg—including excision or injection of either tributaries or incompetent perforating veins, or both, if the patient has significant signs or symptoms (including one or more of the following signs or symptoms) attributable to venous reflux: (a) ache; (b) pain; (c) tightness; (d) skin irritation; (e) heaviness; (f) muscle cramps; (g) limb swelling; (h) discolouration; (i) discomfort; (j) any other signs or symptoms attributable to venous dysfunction (H) (Anaes.) (Assist.) | 1,241.80 |
32520 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great or small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using a laser probe introduced by an endovenous catheter, if all of the following apply:
The service includes all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 555.25 |
32522 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great and small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using a laser probe introduced by an endovenous catheter, if all of the following apply:
|
The service includes all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 825.45 | |
32523 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great or small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using a radiofrequency catheter introduced by an endovenous catheter, if all of the following apply:
The service includes all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 555.25 |
32526 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great and small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using a radiofrequency catheter introduced by an endovenous catheter, if all of the following apply:
The service includes all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 825.45 |
32528 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great or small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using cyanoacrylate adhesive, if all of the following apply:
The service include all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 555.25 |
32529 | Varicose veins, abolition of venous reflux by occlusion of a primary or recurrent great and small saphenous vein (and major tributaries of saphenous veins as necessary) in one leg of a patient, using cyanoacrylate adhesive, if all of the following apply:
The service includes all preparation and immediate clinical aftercare (including excision or injection of either tributaries or incompetent perforating veins, or both) (Anaes.) | 825.45 |
Add:
(3) The item also does not apply to an attendance on a patient if the attendance is in association with a service to which an item in Group I5 of the diagnostic imaging services table applies, unless the practitioner providing the service considers the attendance is necessary for the management or treatment of the patient.
Insert:
13207 | Biopsy of an embryo, from a patient who is eligible for a service described in item 73384 under clause 2.7.3A of the pathology services table, for the purpose of providing a sample for pre‑implantation genetic testing—applicable to one or more tests performed in one assisted reproductive treatment cycle | 115.00 |
Insert:
38428 | Bronchoscopy with dilatation of tracheal stricture (Anaes.) | 256.50 |
Repeal the item.
Omit “correction of lateral or alar cartilages”, substitute “correction of one or both lateral cartilages, one or both alar cartilages or one or both lateral cartilages and alar cartilages”.
Omit “Spinal decompression or exposure via partial or total laminectomy, partial vertebrectomy or posterior spinal release”, substitute “Direct spinal decompression or exposure (via a partial or a total laminectomy or a partial vertebrectomy), or a posterior spinal release”.
Insert:
47491 | Combined anterior and posterior pelvic ring disruption, including sacroiliac joint disruption, treatment of fracture by open reduction and internal fixation of both anterior and posterior ring segments (H) (Anaes.) (Assist.) | 1,616.30 |
Omit “30393”, substitute “30724”.
Omit “involving 4 or more catheters”.
32
Schedule 1 (item 38212, column 2, paragraph (a)) Repeal the paragraph, substitute:
(a) the investigation of supraventricular tachycardia involving 4 or more catheters; or
Omit “38712,”.
Omit “, excluding services to which item 47933 or 47936 applies”.
Before “nail”, insert “acute”.
Omit “30106, 30107 or 46363 applies (Anaes.)”, substitute “30107 or 46363 applies (Anaes.) (Assist.)”.
Omit “30106 or”.
Omit “30106,”.
Omit “30106 or”.
Omit “(Anaes.)”, substitute “(Anaes.) (Assist.)”.
After “external”, insert “fixation”.
Omit “attachment”, substitute “reattachment”.
Omit “applies”, substitute “applies—may only be claimed once per joint”.
Omit “hallus”, substitute “hallux”.
Omit “or bone”, insert “or aggressive bone”.
After “an item”, insert “(other than item 55736 or 55739)”.
2
Schedule 1 (item 56553, column 2, paragraphs (b) and (c)) Repeal the paragraphs, substitute:
(b) the service is not a service to which item 56301, 56307, 56401, 56407, 56409, 56412, 56501, 56507, 56801, 56807 or 57001 applies (R) (Anaes.)
Repeal the item.
4
At the end of Subdivision A of Division 2.2 of Part 2 of Schedule 1 Add:
Item 57360 does not apply to a service provided to a patient if:
(a) in the previous 5 years, a service to which item 57360 or 57364 applies has been provided to the patient; and
(b) no obstructive coronary artery disease was detected as part of that service;
unless the patient is:
(c) eligible, under clause 5.10.17A of the general medical services table, for a service to which item 38244 or 38247 applies; or
(d) eligible, under clause 5.10.17B of the general medical services table, for a service to which item 38248 or 38249 applies.
Repeal the cell, substitute:
Computed tomography of the coronary arteries performed on a minimum of a 64 slice (or equivalent) scanner if:
|
Insert:
61560 | FDG PET study of the brain, performed for the diagnosis of Alzheimer’s disease, if:
Applicable not more than 3 times per lifetime | 605.05 |
Repeal the clause, substitute:
If an MRI service described in an item in Subgroup 1, 2, 4, 5 or 14 of Group I5, and an MRA service described in an item in Subgroup 3 or 15 of Group I5, are provided to the same patient on the same day, the item in Subgroup 3 or 15 of Group I5 does not apply to the MRA service.
Multiple services in subgroups 1 to 5
(1) If more than one service described in an item in Subgroup 1, 2, 3, 4 or 5 of Group I5 is provided to a patient in a single attendance, only the following items apply to the services:
(a) the item that describesthe service with the highest fee;
(b) each item that describes a service to which subclause (4) applies (if any).
Multiple services in subgroups 6 to 10
(2) If more than one service described in an item in Subgroup 6, 7, 8, 9 or 10 of Group I5 is provided to a patient in a single attendance, only the following items apply to the services:
(a) the item that describesthe service with the highest fee;
(b) each item that describes a service to which subclause (4) applies (if any).
Multiple services with same highest fee
(3) For the purposes of paragraphs (1)(a) and (2)(a), if 2 or more applicable fees are equally the highest, only one of those fees is taken to be the highest fee.
Services with documented clinical need
(4) For the purposes of paragraphs (1)(b) and (2)(b), this subclause applies to a service provided to a person in an attendance if the clinical need for the service is:
(a) stated in the request for the service; and
(b) appropriately documented in the record of the service.
(1) If a medical practitioner provides 2 or more MRI services described in Subgroup 12 or 13 of Group I5 for the same person on the same day, the fees specified for the items that apply to the services, other than the item with the highest fee, are reduced by 50%.
(2) For the purposes of subclause (1):
(a) if 2 or more applicable fees are equally the highest, only one of those fees is taken to be the highest fee; and
(b) if a reduced fee calculated under subclause (1) is not a multiple of 5 cents, the reduced fee is taken to be the nearest amount that is a multiple of 5 cents.
8
Clause 2.5.9 of Schedule 1 (after table item 15) Insert:
15A | 63541 | 12 months | 1 |
9
At the end of Subdivision A of Division 2.5 of Part 2 of Schedule 1 Add:
(1) For the purposes of subparagraph (a)(ii) of item 63541, the circumstances for suspecting a patient of developing prostate cancer are that:
(a) 2 PSA quantitation tests have been performed for the patient, with an interval between the tests of at least 1 month but not more than 3 months; and
(b) subsection (2), (3), (4), (5) or (6) applies to the patient.
Patients at least 70 years of age
(2) This subsection applies to a patient if:
(a) the patient is at least 70 years of age; and
(b) both PSA quantitation tests showed a PSA concentration of greater than 5.5 µg/L; and
(c) a free/total PSA ratio test performed for the patient at least 1 month but not more than 3 months after the first PSA quantitation test showed a free/total PSA ratio of less than 25%.
Patients under 70 years of age without increased risk due to family history
(3) This subsection applies to a patient if:
(a) the patient is under 70 years of age; and
(b) both PSA quantitation tests showed a PSA concentration of greater than 3 µg/L; and
(c) a free/total PSA ratio test performed for the patient at least 1 month but not more than 3 months after the first PSA quantitation test showed a free/total PSA ratio of less than 25%.
(4) This subsection applies to a patient if:
(a) the patient is under 70 years of age; and
(b) the first PSA quantitation test showed a PSA concentration of greater than 3 µg/L; and
(c) the second PSA quantitation test showed a PSA concentration of greater than 5.5 µg/L.
Patients under 70 years of age with increased risk due to family history
(5) This subsection applies to a patient if:
(a) the patient is under 70 years of age; and
(b) both PSA quantitation tests showed a PSA concentration of greater than 2 µg/L; and
(c) a free/total PSA ratio test performed for the patient at least 1 month but not more than 3 months after the first PSA quantitation test showed a free/total PSA ratio of less than 25%; and
(d) the patient has a first‑degree biological relative:
(i) who has, or has had, prostate cancer; or
(ii) who is suspected of carrying a BRCA 1 or BRCA 2 mutation.
(6) This subsection applies to a patient if:
(a) the patient is under 70 years of age; and
(b) the first PSA quantitation test showed a PSA concentration of greater than 2 µg/L; and
(c) the second PSA quantitation test showed a PSA concentration of greater than 5.5 µg/L; and
(d) the patient has a first‑degree biological relative:
(i) who has, or has had, prostate cancer; or
(ii) who is suspected of carrying a BRCA 1 or BRCA 2 mutation.
(1) Subject to subclauses (2) and (3), item 63543 is applicable to a service described in that item for a patient with a diagnosis of prostate cancer if it is:
(a) the first service provided after the date of the diagnosis; or
(b) the first service provided after 12 months after the date of the service mentioned in paragraph (a); or
(c) the first service provided after 3 years after the date of a service to which item 63543 applied under paragraph (b) or this paragraph.
(2) Subject to subclause (3), item 63543 is also applicable to a service described in that item if the clinical need for the service is:
(a) stated in the request for the service; and
(b) appropriately documented in the record of the service.
(3) Item 63543 is not applicable to a service provided for the purposes of:
(a) treatment planning; or
(b) monitoring after treatment of prostate cancer.
Repeal the item, substitute:
63489 | MRI—scan of one breast, performed in conjunction with a biopsy procedure on that breast and an ultrasound scan of that breast, if:
(c) a dedicated breast coil is used (R) (Anaes.) | 1,008.00 |
Insert:
63541 | Multiparametric MRI—scan of the prostate for the detection of cancer, requested by a specialist in the speciality of urology, radiation oncology or medical oncology:
(R) (Anaes) | 450.00 |
63543 | Multiparametric MRI—scan of the prostate for the assessment of cancer, requested by a specialist in the speciality of urology, radiation oncology or medical oncology:
(R) (Anaes) | 450.00 |
Insert:
PSA is short for prostate specific antigen.
Repeal the clause.
Repeal the heading, substitute:
Omit “1.2.20”, substitute “2.1.2A”.
Insert:
(1) If a medical practitioner provides 2 or more vascular ultrasound services for the same patient on the same day, the fees specified for the items that apply to the services are reduced as follows:
(a) the second highest fee is reduced by 40%;
(b) any other fee, except the highest, is reduced by 50%.
(2) For the purposes of subclause (1):
(a) if 2 or more applicable fees are equally the highest:
(i) only one of those fees is taken to be the highest fee; and
(ii) the other, or another, highest fee is taken to be the second highest fee; and
(b) if 2 or more fees are equally second highest—any one of those fees may be taken to be the second highest for the purpose of paragraph (1)(b); and
(c) if a reduced fee calculated under subclause (1) is not a multiple of 5 cents—the reduced fee is taken to be the nearest amount that is a multiple of 5 cents.
(3) This clause does not apply to the fee specified in item 64990 or 64991.
Repeal the heading, substitute:
Insert:
66522 | Faecal calprotectin test for the diagnosis of inflammatory bowel disease, if all the following apply: (a) the patient is under 50 years of age;
(c) infectious causes have been excluded;
(e) no relevant clinical alarms are present | 75.00 |
66523 | Faecal calprotectin test for the diagnosis of inflammatory bowel disease, if all the following apply:
(e) no relevant clinical alarms are present | 75.00 |
Insert:
71175 | A test, requested by a specialist or consultant physician, to diagnose neuromyelitis optica spectrum disorder ( (a) suspected of having NMOSD or MARD; and (b) with any of the following:
Applicable not more than 4 times in 12 months | 50.00 |
Insert:
Item 73287 applies to a service described in that item only if the service is not performed in conjunction with a service described in item 73388.
Item 73290 applies to a service described in that item only if the service is not performed in conjunction with a service described in item 73391.
Insert:
A patient is eligible for a service described in any of items 73384 to 73387 only if:
(a) the patient or the patient’s reproductive partner:
(i) has an identified gene variant which places the patient at risk of having a pregnancy affected by a Mendelian or mitochondrial disorder; or
(ii) is at risk of an autosomal dominant disorder which places the patient at risk of having a child who develops the autosomal dominant disorder; or
(iii) has a chromosome re‑arrangement or copy number variant which places the patient at risk of having a pregnancy affected by a chromosome disorder; and
(b) there is no curative treatment for the disorder and there is severe limitation of quality of life despite contemporary management of the disorder; and
(c) the patient has previously had a consultation, with a specialist or consultant physician practising as a clinical geneticist, that included a discussion about the disorder.
Repeal the cell, substitute:
Characterisation of germline gene variants, including copy number variation:
|
Repeal the cell, substitute:
Testing of a person (the
|
Repeal the cell, substitute:
Testing of a person (the
|
Repeal the cell, substitute:
Testing of a person (the
|
9
At the end of Division 2.7 of Part 2 of Schedule 1 Add:
73384 | Genetic analysis, for a patient who is eligible for this service under clause 2.7.3A, of samples from the patient and (if relevant) the patient’s reproductive partner, for the purpose of providing an assay for pre‑implantation genetic testing, requested by a specialist or consultant physician Applicable not more than once per patient episode per disorder (of a kind described in clause 2.7.3A) per reproductive relationship | 1,736.00 |
73385 | Genetic analysis, for a patient who is eligible for this service under clause 2.7.3A, of embryonic tissue from a sample from one embryo, if the analysis is:
Applicable not more than once per embryo | 635.00 |
73386 | Genetic analysis, for a patient who is eligible for this service under clause 2.7.3A, of embryonic tissue from samples from 2 embryos, if the analysis is:
Applicable not more than once per assisted reproductive treatment cycle, and not more than once for the 2 embryos tested | 1,270.00 |
73387 | Genetic analysis, for a patient who is eligible for this service under clause 2.7.3A, of embryonic tissue from samples from 3 or more embryos, if the analysis is:
Applicable not more than once per assisted reproductive treatment cycle for the 3 or more embryos tested | 1,905.00 |
73388 | Analysis of chromosomes by genome‑wide microarray, of a sample from amniocentesis or chorionic villus sampling, including targeted assessment of specific regions for constitutional genetic abnormalities in diagnostic studies of a fetus, if
(b) nuchal translucency was greater than 3.5 mm Applicable only once per fetus | 589.90 |
73389 | Analysis of products of conception from a patient with suspected hydatidiform mole for the characterisation of ploidy status Applicable once per pregnancy | 340.00 |
73391 | Analysis of chromosomes by genome‑wide microarray in diagnostic studies of a patient with multiple myeloma Applicable once per lifetime | 589.90 |
Insert:
treatment cycle has the same meaning as in the general medical services table.
0
0
0