Private Health Insurance Legislation Amendment Act (No. 1) 2010 (Cth)

Private Health Insurance Legislation Amendment Act (No. 1) 2010

No. 40, 2010

An Act to amend the law in relation to private health insurance, and for related purposes

Contents

Private Health Insurance Legislation Amendment Act (No. 1) 2010

No. 40, 2010

An Act to amend the law in relation to private health insurance, and for related purposes

[Assented to 13 April 2010]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Private Health Insurance Legislation Amendment Act (No. 1) 2010.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Private Health Insurance Act 2007

1. 1

   Subsection 72‑1(2) (table item 4, column headed “There must be a benefit for ...”)

   Omit all the words from and including “that is the provision of a prosthesis”, substitute:

that is the provision of a prosthesis, of a kind listed in the Private Health Insurance (Prostheses) Rules, as described in either of the following paragraphs:

(c) the prosthesis is provided in circumstances in which a *medicare benefit is payable, and, if those Rules set out conditions that must be satisfied in relation to the provision of the prosthesis in those circumstances, those conditions are satisfied;

(d) the prosthesis is provided in other circumstances set out in those Rules, and, if those Rules set out conditions that must be satisfied in relation to the provision of the prosthesis in those circumstances, those conditions are satisfied.

2

At the end of section 72‑10

Add:

1. (6)

   The Private Health Insurance (Prostheses) Rules may set out criteria (listing criteria) to be satisfied in order for an application (a listing application) made under subsection (2) to be granted. The Rules may provide for different listing criteria to apply in different circumstances.

2. (7)

   The Minister must not grant a listing application if any applicable listing criteria are not satisfied in relation to the application.

Note: The Minister may refuse to grant a listing application even if the applicable listing criteria are satisfied.

[Minister’s second reading speech made in—

House of Representatives on 17 September 2009

Senate on 29 October 2009]

(176/09)