Health Insurance Legislation Amendment (2025 Measures No. 2) Regulations 2025 (Cth)
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 29 May 2025
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Mark Butler
Minister for Health and Ageing
Contents
This instrument is the
Health Insurance Legislation Amendment (2025 Measures No. 2) Regulations 2025 .
(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 | Immediately after the commencement of the | 1 July 2025 |
Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Repeal the cell, substitute:
Whole body FDG PET study for the initial staging of cancer, for a patient who is considered suitable for active therapy, if:
(b) there is at least a 10% likelihood that the PET study result will inform a significant change in management for the patient Applicable once per cancer diagnosis (R) |
Repeal the cell, substitute:
Whole body FDG PET study, following initial therapy, performed for the evaluation of suspected residual, metastatic or recurrent cancer in a patient who is undergoing, or is suitable for, active therapy, if the cancer is a typically FDG‑avid cancer (R) |
Repeal the subclause.
4
Subparagraphs 2.5.1(3)(c)(ii) and (4)(c)(ii) of Schedule 1 Omit “or partial eligible equipment mentioned in clause 2.5.6”.
Repeal the clause, substitute:
For the purposes of clause 2.5.1, equipment is eligible equipment if it is:
(a) included on the Diagnostic Imaging Register in relation to the location specific practice number for the comprehensive practice at which it is located; and
(b) made available to the practice by a person who is subject to a current deed with the Commonwealth that relates to the equipment so included on the Register.
Repeal the clause.
Omit “
and 22 ”, substitute “, 22 and 32 ”.
Omit “and 22”, substitute “, 22 and 32”.
9
In the appropriate position in Part 4 of Schedule 1 Insert:
In this Division:
amending instrument means theHealth Insurance Legislation Amendment (2025 Measures No. 2) Regulations 2025 .
commencement day means the day the amending instrument commences.
pre‑commencement period , for relevant MRI equipment, means the period:
(a) that begins on the date from which the age of the equipment is worked out under subclause 1.2.2(1); and
(b) that ends immediately before the commencement day.
relevant MRI equipment means MRI equipment, in relation to which:
(a) immediately before the commencement day, both of the following apply:
(i) the equipment is located at the premises of a comprehensive practice located in a Modified Monash 1 area;
(ii) the equipment is neither eligible equipment nor partial eligible equipment (within the meaning of this instrument as in force immediately before the commencement day); and
(b) on and after the commencement day, all of the following apply:
(i) the equipment continues to be located at the premises of, and is included on the Diagnostic Imaging Register in relation to the location specific practice number for, the comprehensive practice;
(ii) the equipment is made available to the comprehensive practice by a person who is subject to a current deed with the Commonwealth that relates to the equipment so included on the Diagnostic Imaging Register;
(iii) the age of the equipment exceeds the new effective life age for MRI equipment.
Applicable life age
(1) Despite subclause 1.2.2(2), the applicable life age for relevant MRI equipment is the maximum extended life age of the equipment if subclause (2) or (3) of this clause applies.
(2) This subclause applies to relevant MRI equipment if:
(a) an additional reasonable investment has been made during the pre‑commencement period for the equipment; and
(b) the investment improves the overall performance of the equipment so that it is equivalent to new MRI equipment supplied in Australia at the time of the improvement.
(3) This subclause applies to relevant MRI equipment if:
(a) the Secretary grants a validation under subclause 4.9(2) in respect of the equipment; and
(b) before the end of the period of 12 months beginning on the day the validation is granted, the equipment is improved such that its overall performance is equivalent to new MRI equipment supplied in Australia at the time of the improvement.
Restriction on items—services performed on validated relevant MRI equipment
(4) If the Secretary grants a validation under subclause 4.9(2) in respect of relevant MRI equipment, an item in this Schedule does not apply to a service that is performed on that equipment on a day that is before the day the validation was granted.
Applying for validation
(1) The relevant proprietor for relevant MRI equipment may apply to the Secretary for validation under clause 4.9 in respect of the equipment if:
(a) during the pre‑commencement period for the equipment, the relevant proprietor took steps to make an additional reasonable investment that would improve the overall performance of the equipment so that it would be equivalent to new MRI equipment supplied in Australia at the time of the improvement; and
(b) the improvement is not completed before the commencement day.
Note: For
relevant proprietor , see clause 1.2.4.(2) The application must:
(a) be in writing; and
(b) be made within the period of 3 months beginning on the commencement day; and
(c) set out:
(i) reasons why the proprietor was unable to complete the improvement before the commencement day; and
(ii) an explanation of how the equipment has been, or will be, improved; and
(iii) if the improvement has not been completed—the steps taken by the proprietor to ensure that it will be completed before the end of the period of 12 months beginning on the day the validation is granted, and the date on which it will be completed.
Notifying proprietor of receipt of application
(3) If:
(a) the Secretary receives an application under subclause (1) for a validation in respect of the equipment; and
(b) the application complies with subclause (2);
the Secretary must notify the relevant proprietor for the equipment in writing that the Secretary has received the application.
Scope of this clause
(1) This clause applies if, under subclause 4.8(3), the Secretary notifies the relevant proprietor for relevant MRI equipment that the Secretary has received an application for validation of the equipment.
Granting validation
(2) The Secretary must, by notice in writing given to the proprietor:
(a) subject to subclause (3) of this clause, grant the validation; or
(b) refuse to grant the validation.
(3) The Secretary must not grant the validation unless the Secretary is satisfied that both of the following apply:
(a) due to circumstances beyond the control of the proprietor, the proprietor was unable to complete the improvement before the commencement day;
(b) the improvement has been or will be completed before the end of the period of 12 months beginning on the day the validation is granted.
(4) The Secretary must make a decision on the application under subclause (2) within 28 days after notifying the proprietor as mentioned in subclause (1).
Effect of validation on capital sensitivity requirements
(5) If the Secretary grants a validation in relation to equipment that is still to be improved, clause 1.2.1 does not apply to a service that is performed on the equipment during the period:
(a) starting when the Secretary grants the validation; and
(b) ending on the earliest of the following:
(i) the day the improvement is completed;
(ii) the day that is 12 months after the day the validation is granted.
Note: If the improvement is completed as proposed within the period of 12 months beginning on the day the validation is granted, then the applicable life age of the equipment is the maximum extended life age of MRI equipment: see clause 4.7.
(1) For the purposes of a decision under clause 4.9 to refuse to grant a validation in respect of relevant MRI equipment, clauses 1.2.11 and 1.2.12 are modified as set out in this clause.
(2) Subclause 1.2.11(1) is modified by adding at the end of the subclause:
“; or (d) a decision under clause 4.9 to refuse to grant a validation in respect of relevant MRI equipment.”
(3) Clause 1.2.11 is modified by omitting subclause (6).
(4) Clause 1.2.12 is modified by omitting subclause (4).
Omit “is currently”, substitute “has been”.
Repeal the cell, substitute:
Fluoroscopy, using a mobile image intensifier, that:
not being a service associated with a service to which another item in this Group applies (R) (H) |
Repeal the cell, substitute:
Fluoroscopy, using a mobile image intensifier, that:
not being a service associated with a service to which another item in this Group applies (R) (H) |
Omit “in”, substitute “is”.
14
Clause 2.5.4 of Schedule 1 (cell at table item 1, column 2) Repeal the cell, substitute:
A person who is a specialist in diagnostic radiology |
15
Clause 2.5.9 of Schedule 1 (table item 9, column 1) After “63391”, insert “(other than 63390)”.
16
Schedule 1 (item 11000, column 2, paragraph (a)) Omit “or 11009”, substitute “, 11009 or 11205”.
Omit “devices (Anaes.)”, substitute:
devices
(Anaes.)
18
Schedule 1 ( at the end of the cell at item 1 1205, column 2) Add “, other than a service associated with a service to which item 11000, 11340, 11341 or 11343 applies”.
19
Schedule 1 ( at the end of the cell at item 11210, column 2) Add “, performed by or on behalf of a specialist or consultant physician in the practice of the specialist’s or consultant physician’s speciality”.
20
Schedule 1 ( at the end of the cell at item 11211, column 2) Add “, performed by or on behalf of a specialist in the practice of the specialist’s specialty of ophthalmology”.
21
Schedule 1 (item 15930, column 2, paragraph (c)) Omit “with”, substitute “to implement”.
22
Schedule 1 (item 15930, column 2, paragraph (d)) Omit “utilised”, substitute:
utilised
Applicable up to twice per plan per day
23
Schedule 1 (items 15932, 15934 and 15936, column 2, paragraph (d)) Omit “record”, substitute:
record
Applicable up to twice per plan per day
24
Schedule 1 (item 15938, column 2, paragraph (b)) Repeal the paragraph, substitute:
(b) image‑guided radiation therapy (IGRT) imaging is used to implement an IMRT plan at a level that is equivalent to or higher than that described in item 15910
Applicable up to twice per plan per day
25
Schedule 1 (item 15940, column 2, paragraph (b)) Omit “a complex IMRT plan at a level that is equivalent to or higher than that described in item 15914”, substitute “an IMRT plan at a level that is equivalent to or higher than that described in item 15910”.
26
Schedule 1 (item 15940, column 2, paragraph (d)) Omit “record”, substitute:
record
Applicable up to twice per plan per day
27
Schedule 1 (item 15942, column 2, paragraph (b)) Omit “that is equivalent to or higher than that”.
28
Schedule 1 (item 15942, column 2, paragraph (d)) Omit “record”, substitute:
record
Applicable once per day
29
Schedule 1 (item 15944, column 2, paragraph (b)) Omit “that is equivalent to or higher than that”.
30
Schedule 1 (item 15944, column 2, paragraph (d)) Omit “record”, substitute:
record
Applicable once per day
31
Schedule 1 (item 15946, column 2, paragraph (b)) Repeal the paragraph, substitute:
(b) a specialised technique is used to implement a treatment plan with general anaesthetic or sedation supervised by an anaesthetist
Applicable once per day
Repeal the cell, substitute:
Megavoltage treatment—level 5 Specialised radiation therapy treatment and verification, if:
Applicable up to twice per day |
Repeal the cell, substitute:
Implantation of a micro‑bypass glaucoma surgery device or devices into the suprachoroidal space or the trabecular meshwork, if conservative therapies have failed, are likely to fail, or are contraindicated (H) (Anaes.) |
Omit “from the eye of a trans‑trabecular drainage device or devices”, substitute “of a micro‑bypass glaucoma surgery device or devices from the suprachoroidal space or the trabecular meshwork”.
Omit “with or without sphere”, substitute “without insertion of”.
Omit “integrated implant”, substitute “non‑integrated implant, without muscle attachment”.
Repeal the cell, substitute:
Eye, enucleation of, with insertion of coralline or other integrated implant, including:
(H) (Anaes.) (Assist.) |
Omit “with or without biopsy, requiring removal of bone”, substitute “of, requiring removal of bone (orbitotomy) for access, with subsequent drainage or biopsy, including repair of any bone or soft tissue surgical defect, other than a service associated with a service to which item 45590 or 45594 applies on the same side”.
Omit “with drainage or biopsy not requiring removal of bone”, substitute “without requiring removal of bone (orbitotomy) for access, with drainage or biopsy, including repair of any bone or soft tissue surgical defect”.
After “exenteration of,”, insert “including repair of any bone or soft tissue surgical defect,”.
Omit “with removal of tumour or foreign body, requiring removal of bone”, substitute “requiring removal of bone (orbitotomy) for access, with removal of tumour or foreign body (not incisional biopsy), including repair of any bone or soft tissue surgical defect”.
After “aspect”, insert “,”.
After “body”, insert “(not incisional biopsy), including repair of any bone or soft tissue surgical defect”.
After “lateral”, insert “, excluding when performed in conjunction with cosmetic blepharoplasty”.
After “Dacryocystorhinostomy”, insert “, external or endonasal approach, including any sinus, turbinate or uncinate operation performed by same surgeon for access, with or without silicone intubation/stenting”.
After “Dacryocystorhinostomy”, insert “,”.
After “performed”, insert “, external or endonasal approach, including any sinus, turbinate or uncinate operation performed by same surgeon for access, with or without silicone intubation/stenting”.
Repeal the cell, substitute:
Dacryocystorhinostomy, with placement of a permanent bypass tube from the conjunctival sac to the nasal cavity (H) (Anaes.) (Assist.) |
After “flap”, insert “, other than a service associated with a service to which item 42686 applies”.
After “42686”, insert “or 42650”.
After “after‑care)”, insert “, other than a service associated with a service to which item 42647 applies”.
After “of”, insert “, other than a service associated with a service to which item 42632 or 42647 applies”.
Omit “a trans‑trabecular drainage device or devices”, substitute “insertion of a micro‑bypass glaucoma surgery device or devices into the suprachoroidal space or trabecular meshwork”.
Repeal the cell, substitute:
Iris or ciliary body suturing, McCannel technique or similar, for:
(H) (Anaes.) (Assist.) |
Omit “procedure”, substitute “surgery”.
Omit “, filtering operation for”, substitute “filtering surgery”.
Omit “, filtering operation for, if previous filtering operation”, substitute “filtering surgery, if previous filtering surgery”.
Repeal the cell, substitute:
Insertion of glaucoma drainage device incorporating an extraocular reservoir (H) (Anaes.) (Assist.) |
Repeal the cell, substitute:
Any of the following:
One eye (H) (Anaes.) (Assist.) |
Omit “other than a service associated with a service to which item 42776 applies”, substitute “as an independent procedure”.
Omit “filtration”, substitute “filtering”.
Omit “peripheral”.
After “Retina,”, insert “or ciliary body,”.
Omit “in association with item 42770 or 42809”, substitute “in conjunction with item 42809”.
After “Eyelid”, insert “(upper or lower)”.
After “of”, insert “, by open operation on and direct release of the lid retractors, one eye”.
After “eyelid”, insert “, excluding when performed in conjunction with closure of the retractors using conjunctival approaches for fat pad reduction or orbital surgery”.
Repeal the cell, substitute:
Direct eyebrow lift in paretic states, or in involutional states, if:
(Anaes.) |
After “item”, insert “42530 or”.
After “item”, insert “42530,”.
71
Schedule 1 (items 42524, 42593, 42738, 42739, 42740, 42741, 42806, 42807 and 43023) Repeal the items.
Insert:
42750 | Subconjunctival injection of antifibrotic agent following glaucoma filtering surgery, as an independent procedure (Anaes.) | 62.20 |
73
Schedule 1 (at the end of Subgroup 9 of Group T8) Add:
43030 | Paracentesis of anterior chamber or vitreous cavity, or both, for either or both of the following: (a) the injection of therapeutic substances;
as an independent procedure of the left eye | 350.85 |
43032 | Paracentesis of anterior chamber or vitreous cavity, or both, for either or both of the following: (a) the injection of therapeutic substances;
as an independent procedure of the right eye | 350.85 |
43034 | Paracentesis of anterior chamber or vitreous cavity, or both, for either or both of the following: (a) the injection of therapeutic substances;
as an independent procedure of the left eye, for a patient requiring the administration of anaesthetic by an anaesthetist (Anaes.) | 350.85 |
43036 | Paracentesis of anterior chamber or vitreous cavity, or both, for either or both of the following: (a) the injection of therapeutic substances;
as an independent procedure of the right eye, for a patient requiring the administration of anaesthetic by an anaesthetist (Anaes.) | 350.85 |
43038 | Intravitreal injection of therapeutic substances, or the removal of vitreous humour for diagnostic purposes, one or more of, as a procedure associated with other intraocular surgery of the left eye (Anaes.) | 350.85 |
43040 | Intravitreal injection of therapeutic substances, or the removal of vitreous humour for diagnostic purposes, one or more of, as a procedure associated with other intraocular surgery of the right eye (Anaes.) | 350.85 |
43050 | Choroidal detachment, repair by external drainage (H) (Anaes.) (Assist.) | 786.50 |
74
Clause 7.1.1 of Schedule 1 (definition of Telehealth and Telephone Determination ) Repeal the definition.
Insert:
Telehealth Attendance Determination means theHealth Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021 .
76
Amendments of listed provisions—Telehealth Attendance Determination Omit “and Telephone” (wherever occurring) and substitute “Attendance” in the following provisions:
(a) Schedule 1 (item 228, column 2, paragraph (b));
(b) Schedule 1 (item 792, column 2, note);
(c) subclause 2.16.12A(2) of Schedule 1 (table);
(d) subclauses 2.20.6(8A), (8B), (8C) and (8D) of Schedule 1;
(e) sub‑subparagraph 2.20.7A(2)(a)(i)(C) of Schedule 1.
77
Subclause 1.1.5(2) of Schedule 1 (paragraph (g) of the example) Repeal the paragraph, substitute:
(g) dietitians;
After “92613”, insert “, 92614”.
After “109”, insert “, 125”.
After “item”, insert “126 or”.
Add:
125 | Professional attendance lasting at least 45 minutes at consulting rooms or hospital, by a specialist in the practice of the specialist’s specialty of gynaecology, following referral of the patient to the specialist by a referring practitioner—initial attendance in a single course of treatment, if:
| 178.70 |
126 | Professional attendance lasting at least 45 minutes at consulting rooms or hospital, by a specialist in the practice of the specialist’s specialty of gynaecology, following referral of the patient to the specialist by a referring practitioner—an attendance after the initial attendance in a single course of treatment, if:
| 89.40 |
82
Schedule 1 (items 132 and 133, column 2, paragraph (c)) Omit “or 119”, substitute “, 119, 91824, 91825, 91826 or 91836”.
83
Clause 2.16.18 of Schedule 1 (paragraph (a) of the example) Repeal the paragraph, substitute:
(a) dietitians;
Insert:
38326 | Use of optical coherence tomography (OCT) during transluminal insertion of stents, to optimise procedural strategy, appropriate stent size and assessment of stent apposition, if: (a) the patient is documented with:
(c) both:
if performed in association with a service to which item 38307, 38308, 38310, 38311, 38313, 38314, 38316, 38317, 38319, 38320, 38322 or 38323 applies Applicable once per episode of care (for one or more lesions) (H) | 539.15 |
85
Clause 7.1.1 of Schedule 1 (after paragraph (a) of the definition of eligible allied health provider ) Insert:
(aa) a dietitian;
(ab) an exercise physiologist;
Repeal the cell, substitute:
Quantification of either or both of total vitamin B12 and holotranscobalamin Applicable not more than once in 11 months |
Repeal the cell, substitute:
Quantification of methylmalonic acid or homocysteine, rendered in the same patient episode as a service to which item 66838 applies if the result of that service is inconclusive or abnormal Applicable not more than once in 11 months |
Insert:
66842 | Quantification of one or more of total vitamin B12, holotranscobalamin, methylmalonic acid or homocysteine for a patient: (a) who:
(b) to whom one or more of the following applies:
| 23.60 |
Repeal the cell, substitute:
Urine examination (including serial examinations), if:
|
After “228”, insert “, 19000”.
Before “699”, insert “695,”.
Insert:
1A | I2 | 57410, 57413 |
0
0
0