Health Insurance (Pathology Review Committee) Regulations (Cth)

Statutory Rules 1994

No. 276 1

__________________

Health Insurance (Pathology Review Committee) Regulations

I, The 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 26 July 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

CARMEN LAWRENCE

Minister for Human Services and Health

____________

Citation

 1. These Regulations may be cited as the Health Insurance (Pathology Review Committee) Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

 2.In these Regulations, unless the contrary intention appears:

“AAPP” means the Australian Association of Pathology Practices;

“Act” means the Health Insurance Act 1973;

“RCPA” means the Royal College of Pathologists of Australasia;

“Review Committee” means the Pathology Review Committee established by regulation 3;

“Table Committee” means the Pathology Services Table Committee established by the Minister on 5 July 1989.

Establishment of Pathology Review Committee

 3. The Pathology Review Committee is established.

Functions of Review Committee

 4.(1) The functions of the Review Committee are:

• (a)

  to conduct an annual review of the fees payable for the items of pathology service listed in the pathology services table and report the results of the review to the Minister; and

• (b)

  to consider any question referred to it by the Chairperson of the Table Committee and make recommendations to the Minister on that question with reasons for the recommendations.

 (2) When conducting the annual review the Review Committee must have regard to:

• (a)

  relevant recommendations, relevant principles, or other matters the Committee considers relevant, that have been made or adopted by:

  • (i)

    the Review Committee; or

  • (ii)

    inquiries into medical fees for Medicare benefit purposes; or

  • (iii)

    the Table Committee; and

• (b)

  changes in the economy affecting pathologists and the community generally, as appearing in available statistics (in particular statistics relating to earnings and prices), to the extent that those changes have not already been taken into account; and

• (c)

  events and circumstances affecting pathologists and the community generally which the Review Committee considers relevant, for example:

  • (i)

    relevant decisions of the Australian Industrial Relations Commission or decisions of any similar body which the Review Committee considers relevant; and

  • (ii)

    the policy of the Commonwealth Government in relation to prices and earnings; and

• (d)

  any other matter submitted to the Review Committee that it considers relevant and appropriate to be taken into account in the review.

 (3) The report to the Minister must set out:

• (a)

  the Review Committee’s recommendations on fees for Medicare benefit purposes; and

• (b)

  the basis for the Committee’s recommendations; and

• (c)

  the periods for which movements in economic indices or economic factors have been taken into account in making the recommendations; and

• (d)

  the date on which the Committee proposes that the recommendations should take effect, being a date that allows enough time for the recommendations to be implemented.

Constitution of the Review Committee

 5.(1) The Review Committee consists of:

• (a)

  a Chairperson appointed by the Minister in writing with the agreement of the RCPA and the AAPP; and

• (b)

  a member who is a recognised pathologist appointed by the Minister in writing on the nomination of the RCPA and the AAPP; and

• (c)

  a member appointed by the Minister in writing.

 (2) A member holds office for 2 years and may not be reappointed more than twice.

 (3) A member holds office on a part-time basis.

Appointment of acting members

 6.(1)The Minister may appoint a person to act in the office of the Chairperson at a meeting of the Review Committee.

 (2) An appointment must be made in writing and with the agreement of the RCPA and the AAPP.

 (3) If the RCPA and the AAPP nominate a person who is a recognised pathologist to act in the office of the member referred to in paragraph 5 (1) (b) at a meeting of the Review Committee, the Minister must appoint the person, in writing, for that purpose.

Termination of appointment

 7. The Minister may terminate the appointment of a member of the Review Committee for misbehaviour or physical or mental incapacity.

Resignation

 8. A member of the Review Committee may resign by writing to the Minister.

Meetings of the Review Committee

 9.(1) The Review Committee must meet at least twice a year.

 (2)The Chairperson may call as many additional meetings of the Committee as are necessary for the efficient conduct of its affairs.

 (3) The Chairperson must preside at all meetings of the Committee at which he or she is present.

 (4) Each member (including the Chairperson) present and voting at a meeting of the Committee has a single vote.

 (5) A question arising at a meeting of the Committee is to be decided by a majority of the votes.

Procedure of Review Committee

 10.(1) Subject to these Regulations, the Review Committee may determine its procedure.

 (2) The Committee is not bound by any rules of evidence but may be informed on any matter as it chooses.

____________________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette on 2 August 1994.