Commission's Additional Functions (Bowel Cancer Screening Pilot) Determination 2002

Overview

The Commission’s Additional Functions (Bowel Cancer Screening Pilot) Determination 2002 was enacted to facilitate the administration and management of the Bowel Cancer Screening Pilot, a national initiative aimed at the early detection of bowel cancer. The determination, made under subsection 8AA(4) of the Health Insurance Commission Act 1973, was introduced by the Commonwealth of Australia and came into effect from the date of its creation. The policy objective is to enhance public health outcomes by enabling the early detection of bowel cancer, which is critical in managing and treating the disease effectively. This determination assigns specific additional functions to the Health Insurance Commission, which were not originally part of its statutory duties, to support the pilot program, including the establishment and maintenance of a national screening register, communication with participants and health professionals, and epidemiological monitoring.

Scope and Application

The Commission’s Additional Functions (Bowel Cancer Screening Pilot) Determination 2002 applies to the Health Insurance Commission, established under the Health Insurance Commission Act 1973, and extends its functions to include the administration and assistance in the administration of the Bowel Cancer Screening Pilot. This pilot program, aimed at the early detection of bowel cancer, is conducted by or on behalf of the Commonwealth and is overseen by the Department of Health and Ageing. The functions of the Commission under this Determination include establishing and maintaining the National Bowel Cancer Screening Pilot Register, providing a service function which involves inviting participants for screening, communicating with participants and health professionals, and recording screening and detection histories, as well as performing an epidemiological and monitoring function which entails monitoring participation and response rates, evaluating public education campaigns, and providing data to the Australian Institute of Health and Welfare and the Department for assessment and research purposes. The Determination specifies that the Commission will not use claims data obtained in the performance of its Medicare functions or DVA function when performing these functions. This legislative instrument applies nationally across Australia, impacting the healthcare sector by specifically targeting individuals within the target population for bowel cancer screening and health professionals involved in the screening process.

Key Provisions

The main operative sections of the Commission’s Additional Functions (Bowel Cancer Screening Pilot) Determination 2002 (section 4) confer on the Health Insurance Commission (Commission) a specific function related to the Bowel Cancer Screening Pilot (Pilot). This function includes the establishment and maintenance of a register (section 5(a)), known as the National Bowel Cancer Screening Pilot Register, which will record information about participants in the Pilot, including their names, addresses, and clinical information. Additionally, the Commission is tasked with a service function (section 6), which involves identifying and updating information about Participants, inviting them for screening, providing communication systems between Participants and health professionals, recording screening and detection histories, providing information to health professionals, and making payments to health professionals for services rendered. The Commission is also responsible for an epidemiological and monitoring function (section 7), which includes monitoring participant rates, response rates to reminders, evaluating public education campaigns, providing information to the Australian Institute of Health and Welfare, and offering de-identified information to the Department to aid in monitoring trends, studying treatment efficacy, and evaluating the Pilot’s quality, effectiveness, and cost-effectiveness. The Act imposes several obligations on the Commission. The most significant of these is the establishment and maintenance of the National Bowel Cancer Screening Pilot Register (section 5(a)). The Commission must ensure that this register accurately records and updates information about Participants, including their personal details and clinical histories. The Commission is also responsible for inviting Participants for screening and re-screening at appropriate intervals (section 6(b)) and providing a system of communication to facilitate timely follow-up (section 6(c)). Furthermore, the Commission must record Participants' screening and detection histories (section 6(d)), provide relevant information to health professionals (section 6(e)), and make payments to health professionals for services provided and the transfer of Participant information (section 6(f)). In the epidemiological and monitoring function, the Commission must monitor participant rates and response rates (section 7(a), (b)), assist in evaluating public education campaigns (section 7(c)), and provide specific information to the Australian Institute of Health and Welfare (section 7(d)) and de-identified information to the Department (section 7(e)). The Commission is also prohibited from using claims data obtained in the performance of its Medicare functions or DVA function in performing these functions (section 8). There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Determination for breaches of its provisions. However, the obligations and functions outlined in the Determination are critical for the successful administration of the Bowel Cancer Screening Pilot. Failure to comply with these obligations could potentially result in ineffective screening processes, inadequate monitoring, and compromised data integrity, which could undermine the objectives of the Pilot and affect public health outcomes. The Determination’s focus is on the administrative and operational aspects of the Pilot, with an emphasis on data management and communication to ensure the Pilot's effectiveness and public health benefits.