Private Health Insurance (Complying Product) Rules 2007 (No. 2) (Cth)
I, PENNY SHAKESPEARE, delegate of the Minister for Health and Ageing,make these Rules under item 3 of the table in section 333-20 of the
Dated _____31 August________________2007
____________________________________
Penny Shakespeare
Assistant Secretary
Private Health Insurance Branch
Acute Care Division
Department of Health and Ageing
These Rules are the
These Rules commence on 1 September 2007.
The
Private Health Insurance (Complying Product) Rules 2007 are revoked.
Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the
Legislative Instruments Act 2003 . These terms include:adult
applicable benefits arrangement
complying health insurance policy
complying health insurance product
cover
general treatment
hospital-substitute treatment
hospital treatment
medicare benefit
policy holder
private health insurer
standard information statement
waiting period
In these Rules:
Act means thePrivate Health Insurance Act 2007 .
insurer means a private health insurer.
policy meansacomplying health insurance policy.
(1) For the purposes of paragraph 63-5 (2A) (b) of the Act, the following insured groups, being groups by reference to the number, and the kind, of people in the group, are specified:
(a) only one person;
(b) 2 adults (and no-one else);
(c) 2 or more people, none of whom is an adult;
(d) 2 or more people, only one of whom is an adult;
(e) 3 or more people, only 2 of whom are adults;
(f) 3 or more people, at least 3 of whom are adults.
(1) For subparagraph 66-5 (1) (c) (ii) of the Act, the maximum percentage discount allowed is 12% per annum.
(2) The discount for a policy is the difference between the full premium and the net premium.
(3) The full premium for a policy is the premium that would be received by the private health insurer for a policy in the same product subgroup without any reduction due to the circumstances set out in paragraphs 66-5 (3) (a) to (e) of the Act.
(4) The net premium is the full premium less the cost, or the cost foregone, of any of the following:
(a) incentive payment;
(b) promotional payment;
(c) rebate; and
(d) any other inducement whatsoever,
made available by the insurer to another person, including to an insured person, in respect of the payment of the premium for the policy, including to induce a person to purchase or maintain a policy.
(5) The following costs are excluded from the calculation of net premium in subrule (4) :
(a) a brokerage fee or commission paid in respect of the policy; and
(b) the cost of any discount, product, service, waiver or other thing (
promotion ) offered to a person at the time the person first purchases a policy from the insurer if:(i) the cost of the promotion does not exceed 12% of the full premium, for a year, for the policy purchased; and
(ii) the promotion is provided in the first year after the person purchases the policy.
7. Benefits authorised to be provided under a policy (1) In this rule,
specified benefit means a benefit specified in subrule (3) .(2) If a person was entitled to a specified benefit under an applicable benefits arrangement or a table of ancillary health benefits in force at the commencement of the Act, the provision of the same specified benefit under the person's policy is authorised for the purposes of paragraph 69-1 (1) (b) of the Act as long as the person's policy continues to cover the same specified treatments and provide the same benefits.
Note: Section 10 of the
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 deals with the status of existing applicable benefits arrangements and tables of ancillary benefits at the commencement of the Act.(3) The specified benefits for this rule are:
(a) benefits paid in connection with the birth of a baby;
(b) funeral benefits;
(c) disability benefits.
(4) In this rule,
ancillary health benefit means ancillary health benefits within the meaning of section 67 theNational Health Act 1953 as in force immediately before the commencement of the Act.
(1) For subsection 69-1 (2) of the Act, a policy of a kind specified in the following table must also cover any treatment as specified in the table.
1 | A policy that includes cover for hospital-substitute treatment. | Hospital treatment for the same types of treatment covered by the policy for hospital-substitute treatment. |
2 | A policy under which a person is covered, wholly or partly, for hospital treatment where:
| The provision of the prosthesis. |
3 | A policy under which a person is covered, wholly or partly, for hospital-substitute treatment where:
| The provision of the prosthesis. |
Note: The
Private Health Insurance (Prostheses) Rules set out the benefit requirements for prostheses listed in those Rules.(2) For the avoidance of doubt, a policy of a kind mentioned in the table may also be a policy that covers other types of treatment, unless excluded by rules made for the purpose of subsection 69-1 (3).
(1) The waiting period requirements in subsection 75-1 (1) of the Act are modified in relation to insured persons referred to in subrule (2) by specifying the conditions set out in that subrule.
(2) A policy that covers a person who:
(a) held a gold card, or was entitled to treatment under a gold card, before applying for the insurance; and
(b) applies for the insurance no longer than 2 months after the person ceased to hold, or be entitled under, the gold card,
must not apply to the person any waiting period or benefit limitation period for any hospital treatment or general treatment covered by the policy.
(3) In this rule:
gold card has the same meaning as in section 34-15 of the Act.
benefit limitation period , in respect of the person's insurance policy, means a period:(a) starting at the time the person becomes insured under the policy referred to in this rule; and
(b) ending at the time specified in the policy,
during which the amount of benefit in relation to any period is less than the amount for which the person would be eligible during any other period.
For section 99-1 of the Act, the following periods are set out:
(a) for subsection 99-1 (1), certificate for the insured person―14 days;
(b) for subsection 99-1 (2), certificate for the new insurer―14 days;
(c) for subsection 99-1 (3), old insurer to provide a certificate to the new insurer on request―14 days.
For subsection 188-1 (1) of the Act, the following performance indicators are set out:
(a) the number and kind of complaints made to the Private Health Insurance Ombudsman about private health insurers;
(b) changes in the number of insured persons in particular age groups;
(c) changes in the number of episodes of hospital treatment and hospital-substitute treatment, and the average number of episodes of each, for particular age groups;
(d) changes in the nature of the episodes of hospital treatment and hospital-substitute treatment, for which benefits are paid in particular age groups;
(e) changes in the average amount of benefits paid for an insured person, or an episode of hospital treatment or hospital substitute treatment, in particular age groups.
In this Part:
complying product means a complying health insurance product.
permitted content means the words in italics in the column headed 'Permitted content' in the tables in Schedule 4, and the words set out in the forms in Schedules 1, 2 and 3.
product subgroup has the same meaning as in subsection 63-5 (2A) of the Act.
(1) For subsection 93-5 (1) of the Act, this Part and Schedules 1, 2, 3 and 4 set out the form of, and the permitted content to be contained in, a statement about a product subgroup of a complying product.
(2) The form of the statements in Schedules 1, 2 and 3, and the permitted content for those forms, must not be added to, deleted, rearranged or modified in any way except:
(a) as specified in the relevant Schedules; and
(b) to omit, when inapplicable, the grey text, or to omit text for which the grey text is the appropriate alternative.
(3) A statement must not exceed one A4 page, except as permitted by rule 16 .
For a product subgroup of a complying product made up of policies which cover hospital treatment only:
(a) the statement must be in the form of the statement set out in Schedule 1; and
(b) the fields of that form must contain the permitted content specified in Parts 1 and 2 of Schedule 4 as is relevant to the particular product.
For a product subgroup of a complying product made up of policies which cover general treatment only:
(a) the statement must be in the form of the statement set out in Schedule 2; and
(b) the fields of that form must contain the permitted content specified in Parts 1 and 3 of Schedule 4 as is relevant to the particular product.
For a product subgroup of a complying product made up of policies which cover both hospital treatment and general treatment:
(a) the statement must be in the form of the statement set out in Schedule 3;
(b) the fields of that form must contain the permitted content specified in Parts 1, 2 and 3 of Schedule 4 as is relevant to the particular product; and
(c) the statement must not exceed two A4 pages.
Note: The next page of these rules is page 11. It appears without page number, header or footer. This is to allow the form to be shown in its actual size as an A4 page.
Private Health Insurance Standard Information Statement – Hospital Policy
This Statement provides basic information for the purposes of comparison only.
Health insurer: | (This insurer has membership restrictions) | Who is covered: | ||
Product name: | Monthly premium: | |||
Available for: | Residents of Employees OR Members of | Available from: | ||
The price shown is monthly premium with the 30% Rebate deducted. It does not include any Lifetime Health Cover loading or factor in any discounts that may be available or higher level of Rebate that may apply.
<Insert appropriate text> | |
(Exclusions) | <Insert list of exclusions> OR No exclusions |
(Restrictions, Benefit Limitation Periods) | You are not fully covered for: OR No restrictions <Insert list of restrictions> |
OR No benefit limitation periods <Insert list of BLP items + limitation periods> | |
(Waiting Periods) | <Insert list of waiting periods> |
(Excesses, Co-payments, Medical/Hospital gaps) | |
You may have to pay additional costs depending on the doctors chosen, the treatment you are having and the hospital you go to. | |
Note: The next page of these rules is page 13. It appears without page number, header or footer. This is to allow the form to be shown in its actual size as an A4 page.
Private Health Insurance Standard Information Statement – General Treatment Policy
This Statement provides basic information for the purposes of comparison only.
Health insurer: | (This insurer has membership restrictions) | Who is covered: | |
Product name: | Monthly premium: | ||
Available for: | Employees OR Members of | (can only be purchased with certain/a hospital policies/policy) | |
Available from: | |||
The price shown is monthly premium with the 30% Rebate deducted. It does not include any Lifetime Health Cover loading or factor in any discounts that may be available or higher level of Rebate that may apply.
(Max months) | (per 12 months) | |||
Periodic oral examination – $<xx.yy> OR <xx>% of charge Scale & clean – $ OR % as above Fluoride treatment – $ OR % | ||||
| ||||
| Tooth extraction – $ OR % Full crown veneered – $ OR % Provisional bridge – $ OR % | |||
| Root canal therapy (one canal including preparation & filling) – $ OR % Removal of old root canal filling – $ OR % Emergency root canal – $ OR % | |||
| Braces for upper & lower teeth, including removal plus fitting of retainer – $ OR % | |||
Single vision lenses & frames – $ OR % Multi-focal lenses & frames – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Per prescription - $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Per hearing aid – $ OR % | ||||
Per monitor – $ OR % | ||||
<Insert appropriate phrase> |
Note: The next two pages of these rules are pages 15 and 16. They appear without page numbers, headers or footers. This is to allow the form to be shown in its actual size as two A4 pages.
Private Health Insurance Standard Information Statement – Combined Policy
This Statement provides basic information for the purposes of comparison only.
Health insurer: | (This insurer has membership restrictions) | Who is covered: | |
Product name: | Monthly premium: | ||
Available for: | Residents of Employees OR Members of | Available from: |
The price shown is monthly premium with the 30% Rebate deducted. It does not include any Lifetime Health Cover loading or factor in any discounts that may be available or higher level of Rebate that may apply.
Hospital Component The following applies to the hospital component for the | |
<Insert appropriate text> | |
(Exclusions) | <Insert list of exclusions> OR No exclusions |
(Restrictions, Benefit Limitation Periods) | You are not fully covered for: OR No restrictions <Insert list of restrictions> |
OR No benefit limitation periods <Insert list of BLP items + limitation periods> | |
(Waiting Periods) | <Insert list of waiting periods> |
(Excesses, Co-payments, Medical/Hospital gaps) | |
You may have to pay additional costs depending on the doctors chosen, the treatment you are having and the hospital you go to. | |
General Treatment Component The following applies to the general treatment component for the |
(Max months) | (per 12 months) | |||
Periodic oral examination – $<xx.yy> OR xx% of charge Scale & clean – $ OR % as above Fluoride treatment – $ OR % | ||||
| ||||
| Tooth extraction – $ OR % Full crown veneered – $ OR % Provisional bridge – $ OR % | |||
| Root canal therapy (one canal including preparation & filling) – $ OR % Removal of old root canal filling – $ OR % Emergency root canal – $ OR % | |||
| Braces for upper & lower teeth, including removal plus fitting of retainer – $ OR % | |||
Single vision lenses & frames – $ OR % Multi-focal lenses & frames – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Per prescription – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % Subsequent visit – $ OR % | ||||
Initial visit – $ OR % |
Subsequent visit – $ OR % | |
Per hearing aid – $ OR % | |
Per monitor – $ OR % | |
<Insert appropriate phrase> |
Field | Description | Permitted content |
Date on which the content of the SIS is updated. | ||
Disclaimer to be printed directly below the health insurer name if the product is offered by a restricted membership insurer. | ||
Name of the State/Territory in which the product subgroup is available for sale. | One of:
| |
One of the following statements to be printed directly below the State name if the product is a corporate product. One of “employees” or “members” may be deleted or both can be used. | OR | |
Statement to be printed directly below the State name (or below the corporate product statement if applicable) if the product is not currently available for purchase. | ||
Marketing name of the product. | ||
Who is covered under this policy. | One of the following:
| |
Other discounts are not to be included here. | ||
Field only to appear/be completed if the statement is provided before the product is available. The field is to be placed beneath the monthly premium field. |
Field | Description | Permitted content | |
Outline of treatment, accommodation and services covered. Order of content cannot be changed. Comprehensive cover can only be used to describe ambulance cover where the product covers at least 100% medically necessary ambulance transport. | One of the following: ü ü ü ü ü AND (the following can be added directly in front of the hospital statement if applicable) AND ü AND one of (if applicable): ü ü AND (the following can be added directly after the ambulance statement if applicable) | ||
A list of excluded services. Order of content cannot be changed. Only one of the two joint replacement items can be used. If additional services are excluded, use | Any of the following: û û û û û û û û û û û û | ||
A list of restrictions and benefit limitation periods. Restrictions are to be listed before benefit limitation periods. Order of content cannot be changed. For benefit limitation periods, after each service listed insert the number of months. Only one of the two joint replacement items can be used. Only one of the two If additional services are restricted or have benefit limitation periods, use | No restrictions/benefit limitation periods | ||
If the policy has no restrictions but has benefit limitation periods | |||
If the policy has no benefit limitation periods but has restrictions | |||
Restrictions | |||
benefit limitation periods | |||
List any of the following for restrictions:
| |||
List any of the following for benefit limitation periods:
| |||
Waiting periods that apply before a member can claim. Must be provided in the order listed. The waiting period for obstetrics must be deleted if the product does not cover obstetrics. |
| ||
This box covers excesses, co-payments and medical/hospital gaps. Each of these appear in separate sub-boxes | |||
Choose appropriate statement and insert dollar figures. The dollar amount for excess per admission is the excess for an overnight admission (if different from the excess for day surgery). | If no excess: If there is an excess: AND (if required)
| ||
Insert dollar amounts for the appropriate co-payment amount. | If no co-payment If there is a co-payment: OR AND
AND (The following can be added directly after the shared and private room co-payment descriptions if applicable) AND (If applicable) | ||
This provides information on the proportion of no gap medical services for the insurer. The percentage of medical services with no gap is the figure for the state in which the product is available. The information related to the percentage of medical services with no gap is the information submitted to the Private Health Insurance Administration Council (PHIAC) for the year ending 30 June for “Total Services with No Gap” divided by “Total All Services”. The information required is that released by PHIAC for the most recent year ending 30 June (i.e. when the June quarter figures are released by PHIAC).If the product is an “All States” product, the national average of medical services with no gap is to be used. Health insurers who participate in the Australian Health Services Alliance’s gap cover arrangements may use the percentage of services with no gap (by state) for the Alliance as a whole. | The percentage of medical services with no gap is to be expressed as per the example below:
[State] is to be the same as “available to” field | ||
If insurer has known gap arrangements, then insert the following after the first sentence: | |||
If gap cover benefits are not available with this policy, then substitute first two sentences with: | |||
The total text in this box must not exceed 4 lines. If the hospital policy pays full benefits for 10 or fewer specific services, those services MUST be listed in this box. This box may also be used to describe (for example):
| Free text up to 4 lines INCLUDING (if applicable) | ||
Field | Description | Permitted content | ||
Not required for a combined policy. | OR | |||
Describes special arrangements with particular providers. Text in this box must not exceed 3 lines, including the line with the heading. | Free text up to 3 lines (including the line with the heading) OR | |||
Insurers that do not have preferred provider arrangements must use this phrase. | ||||
A list of a number of services covered by general treatment. | Additions, deletions, modifications or rearrangements not permitted | |||
Indicates if the service is covered or not. A service is considered to be covered if a benefit is paid for at least one of the examples in the “examples of maximum benefits” columns. Ambulance is considered to be covered if the description in the “examples of maximum benefits” column indicates it has comprehensive cover or partial cover. | ü (service is covered) û (service is not covered) | |||
The maximum period of time before a member can claim benefits. Waiting periods for ambulance can be expressed in days or months. | Choose one of…: | When… | ||
- | the service is not covered | |||
waiting period in months | ||||
no waiting period | ||||
short term waiting period for ambulance cover | ||||
Limits on benefits. If there is a limit on general dental, but not on preventative dental, the “(no limit on preventative dental)” words should be used. If services with combined limits are in adjacent rows in the table, lines between the boxes can be deleted and the limit and list of combined services only written once. If a sub limit applies on any of these services, use “Sub-limits apply”. Combined limits for services in non-adjacent boxes must be written in this field in the first occurrence; thereafter “(Combined limit – see [service])”, inserting the name of the service where the list first occurs. If benefit limits increase over time for any services, only the lowest payable benefit is to be used. | Any combination of:
If more than one of the above phrases is used, they are to be linked by the words “ The following may also be used:
For combined limits, choose from services:
| |||
Examples of the maximum benefit paid for the listed treatments when an insured person visits a practitioner who is not a ‘preferred service provider’. Only the examples listed may be used. A percentage figure can only be used where the insurer does not have a maximum limit on the particular item, other than an annual limit. If an insurer pays a benefit that is a percentage of the charge up to a specified dollar limit (i.e. a limit for that item, separately specified from the annual limit), then the specified dollar limit must be used. General dental, major dental and endodontic examples must be listed even if the service is not covered. Other examples should be deleted if not covered. The maximum benefit paid on the following dental item numbers are to be used for the listed examples: Periodic oral examination – 012 Scale & clean – 114 Fluoride treatment – 121 Tooth extraction – 322 Full crown veneered – 615 Provisional bridge – 632 Root canal therapy (one canal including preparation & filling) – 417 Removal of old root canal filling – 421 Emergency root canal – 438 Braces for upper & lower teeth, including removal plus fitting of retainer – 881 If tooth extraction is covered under general dental instead of major dental, this example can be moved to the general dental box. Orthodontics – if different benefits are offered for treatments provided for orthodontists and general dentists, the maximum benefit for an orthodontist should be used. Optical – if benefits for frames and lenses are paid separately, add together the maximum benefit for each component. Initial/subsequent visit examples are for individual sessions. If there is no maximum benefit for the examples listed, the annual benefit limit figure should be used. Otherwise, ‘partly covered’ should be used. | amount of maximum benefit | |||
where there is no maximum benefit limit on the particular item, other than an annual limit. | ||||
For general dental, major dental and endodontic if not covered | ||||
- | Other services if not covered – delete example(s) | |||
Ambulance – one of:
| ||||
OPTIONAL – this box may be used to describe (for example):
| Free text up to 4 lines, including the line with the heading. | |||
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the
Legislative Instruments Act 2003 .See
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