Health Insurance (Permitted benefits pathology services) Determination 2008 (Cth)
Health Insurance (Permitted benefits – pathology services) Determination 2008
as amended
made under section 23DZZIG of the
Health Insurance Act 1973
This compilation was prepared on 19 December 2008 taking into account amendments up to the Health Insurance (Permitted benefits – pathology services) Amendment Determination 2008.
Prepared by the Department of Health and Ageing, Canberra.
Contents
1Name of Determination [see Note 1] 3
2Commencement 3
3Definitions 3
4Permitted benefits for pathology services 3
Schedule 1Permitted benefits 3
Notes 7
Name of Determination [see Note 1]
This Determination is the Health Insurance (Permitted benefits – pathology services) Determination 2008.
Commencement
This Determination commences on 1 March 2008.
Definitions
In this Determination:
Act means the Health Insurance Act 1973.
hospital treatment has the meaning given by subsection 121‑5 (1) of the Private Health Insurance Act 2007.
Note Accredited pathology laboratory, approved pathology practitioner, hospital and pathology service are defined in subsection 3 (1) of the Act. Provider and requester are defined in subsection 23DZZID (1) of the Act.
Permitted benefits for pathology services
(1) For section 23DZZIG of the Act, a benefit mentioned in Schedule 1 is a permitted benefit if:
(a) a beneficiary who is, or is connected to, a requester of a kind of pathology service, asks for, or accepts, the benefit from a provider, or a person connected to a provider, of a kind of pathology service; or
(b) a provider, or a person connected to a provider, of a kind of pathology service offers or provides the benefit to a beneficiary who is, or is connected to, a requester of a kind of pathology service.
(2) However, a benefit is not a permitted benefit if:
(a) it is related to the number, kind or value of requests for pathology services made by a requester to a particular provider; or
(b) taken with other benefits of the same kind, it exceeds the number that would usually be needed by the beneficiary’s practice.
Schedule 1 Permitted benefits
(section 4)
1 Items related to pathology that help the requester to make requests or view pathology reports if they can only be used for purposes connected with pathology
Example
Requesting software
2 The provision of the following staff at premises of the beneficiary:
(a) an approved pathology practitioner, or a person rendering services on behalf of an approved pathology practitioner, stationed at the premises for the sole purpose of providing preliminary analysis or advice in relation to specimens collected during any of the following procedures performed at the premises:
(i) a procedure performed by fine needle aspiration;
(ii) bone marrow aspiration or trephine;
(iii) frozen section examination;
(b) for premises that are a hospital — staff stationed at the hospital to collect pathology specimens from a person who is in attendance at the hospital for the purpose of receiving hospital treatment
3 The provision of the following equipment at premises of the beneficiary:
(a) equipment stationed at the premises for the sole purpose of providing preliminary analysis in relation to specimens collected during any of the following procedures performed at the premises:
(i) a procedure performed by fine needle aspiration;
(ii) bone marrow aspiration or trephine;
(iii) frozen section examination;
(b) for premises that are a hospital — equipment stationed at the hospital for use in relation to the rendering of services relating to pathology to a person who is in attendance at the hospital for the purpose of receiving hospital treatment
4 Educational material about pathology, including material that may be given to patients
5 Education sessions on pathology for the beneficiary if:
(a) the primary objective of the session is to provide relevant information about pathology; and
(b) the venue is appropriate for the educational purpose of the session; and
(c) any hospitality given is secondary to the educational purpose of the session; and
(d) the cost of any hospitality is reasonable having regard to the venue and the conduct of the session; and
(e) no travel or accommodation costs of the beneficiary are paid by the provider of the benefit; and
(f) the session does not include, and is not held with, a sporting event or other entertainment
Examples of topics for educational material or sessions
1 Appropriate requesting of pathology tests
2 Understanding results and reports for areas of pathology and for particular tests
3 Specimen collection, identification and transport procedures
6 Gifts or hospitality if:
(a) they are a non‑cash benefit that is not convertible to cash; and
(b) they are given infrequently and only in relation to a significant occasion; and
(c) they are not given as inducement, consideration or reward for the beneficiary requesting pathology services from a particular provider; and
(d) the cost of the gift or hospitality is reasonable in the circumstances
Examples
1 Flowers given because of the death of a family member of the beneficiary
2 Hospitality given for Christmas parties
7 Pathology request forms and other forms, telephone result pads, stock request pads, promotional publications and promotional items, including material promoting the quality, convenience and cost to patients of pathology services if:
(a) it has no resale value for the beneficiary; and
(b) it is clearly identified as coming from the provider of the pathology service
8 The following equipment that is necessary for the collection, identification or temporary storage of pathology specimens:
(a) a refrigerator if:
(i) it is necessary to preserve specimens awaiting transport; and
(ii) it is labelled as the property of the provider of the benefit; and
(iii) it is used only for purposes connected with pathology services;
(b) containers for transporting specimens if they are labelled as the property of the provider of the benefit;
(c) specimen pick‑up receptacles if they are labelled as the property of the provider of the benefit
9 Goods mentioned in an item in the following table used for the collection of pathology specimens for testing by an accredited pathology laboratory
Item
Goods
1 Needle barrel holders 2 Vacutainer or equivalent tubes for collection 3 Syringes (5 ml or larger) 4 21 or 23 gauge needles 5 Individual alcohol wipes (for example, alcowipes) 6 Spreaders for blood files 7 Small test tube rack 8 Spray fixative 9 Cervix spatulas 10 Cyto brush 11 Direct to vial kits 12 Slides and slide carriers or holders 13 Formalin or other fixative 14 Appropriate containers and media for specimens 15 Punch biopsy instruments 16 Microbiological or virology swabs and transport media 17 Urine containers 18 Faeces containers 19 Paediatric urine collection kits 20 Chlamydia specific collection and transport receptacles 21 Tuberculosis specific collection receptacles 22 Blood culture bottles 23 Petri dishes 24 Specimen biohazard bags and rubber bands 25 Appropriate containers and media for urine, sputum and other body fluid cytology and cytology samples collected directly from tissues by cytology of fine needle aspiration (FNA) 26 Timed urine collection containers 27 Faecal fat collection containers 28 Glucose drinks for a glucose tolerance test (GTT) 29 Centrifuges if:
(a) they are labelled as the property of the provider of the benefit; and
(b) they are necessary to ensure that specimens are not damaged
30 Disposable vaginal speculums
Notes to the Health Insurance (Permitted benefits – pathology services) Determination 2008
Note 1
The Health Insurance (Permitted benefits – pathology services) Determination 2008 (in force under section 23DZZIG of the Health Insurance Act 1973) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of FRLI registration | Date of | Application, saving or |
| Health Insurance (Permitted benefits – pathology services) Determination 2008 | 25 Feb 2008 (see F2008L00616) | 1 Mar 2008 | — |
| Health Insurance (Permitted benefits – pathology services) Amendment Determination 2008 | 15 Dec 2008 (see F2008L04680) | 16 Dec 2008 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Schedule 1 | am. F2008L04680 |
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