Explanatory Statement
Issued by the Authority of the Minister for Health and Ageing
Dental Benefits Act 2008
Dental Benefits Amendment Rules 2008 (No.1)
Section 60 of the Dental Benefits Act 2008 (the Act) provides that the Minister may, by legislative instrument, make Dental Benefits Rules providing for matters:
(a) required or permitted by the Act to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to the Act.
The Medicare Teen Dental Plan was introduced on 1 July 2008. Under this program, eligible teenagers can receive dental benefits of up to $150 for an annual preventative dental check. Before a dental benefit can be paid for a service, the teenager must have been issued with a voucher by Medicare Australia in relation to Dental Benefits Schedule (DBS) item 88000. The voucher establishes the teenager’s eligibility for the program.
Section 31 of the Act provides that a voucher for a calendar year takes effect on the day on which it is issued and remains in effect until the end of the calendar year, unless the Dental Benefits Rules provide for a different period of effect.
The purpose of the Dental Benefits Amendment Rules 2008 (No.1) (the Rules) is to amend the Dental Benefits Rules 2008 by specifying a different period of effect for vouchers issued in relation to item 88000.
Paragraph 9A(a) of the Rules has retrospective effect by providing that all vouchers issued to eligible teenagers in 2008 shall have a commencement date of 1 July 2008 and remain in effect until 31 December 2008. This will enable all eligible teenagers to be paid a dental benefit, even if the preventative dental check was provided before the voucher was issued by Medicare Australia.
This is a minor technical amendment that is consistent with the original intent of the Government’s policy for the Medicare Teen Dental Plan. The amendment protects teenagers, and their families, who have received a preventative dental check in good faith prior to receiving their voucher in the mail.
As required by subsection 12(2) of the Legislative Instruments Act 2003, the retrospective aspect of the Rules confers a beneficial effect on persons (eligible for a preventative dental check), and does not affect the rights of, disadvantage, or impose liabilities on other persons, other than the Commonwealth.
The amendment also provides that all vouchers issued to eligible teenagers in subsequent calendar years (after 2008) shall have a commencement date of 1 January of that year and remain in effect until 31 December of that year.
Details of the Rules are set out in the Attachment.
These Rules commence on the day after they are registered on the Federal Register of Legislative Instruments.
Consultation
The Department of Health and Ageing has consulted with Medicare Australia which administers the Medicare Teen Dental Plan. Medicare Australia will advise patients, who, without this amendment, could not be paid dental benefits because the preventative dental check was provided before a voucher was issued. These patients will be able to re-submit claims and receive a payment of up to $150 for the service. Dentists will also be advised of the changes through the Australian Dental Association.
Authority: Section 60 of the Dental Benefits Act 2008
Attachment
DETAILS OF THE DENTAL BENEFITS AMENDMENT RULES 2008 (No.1)
1. Name of Rules
Rule 1 provides for the Rules to be referred to as the Dental Benefits Amendment Rules 2008 (No.1).
2 Commencement
Rule 2 provides for the Rules to commence on the day after they are registered on the Federal Register of Legislative Instruments.
3 Amendment of Dental Benefits Rules 2008
Rule 3 provides that Schedule 1 amends the Dental Benefits Rules 2008.
Schedule 1 – Amendments
Section 9A of the Schedule specifies, for the purposes of section 31 of the Act, the period of effect for vouchers issued in relation to item 88000.
Paragraph (a) provides that all vouchers issued for the 2008 calendar year take effect at the beginning of 1 July 2008 and remain in effect until the end of 31 December 2008, including vouchers issued before the commencement of the Rules.
Paragraph (b) provides that all vouchers issued for a subsequent calendar year take effect at the beginning of 1 January of that year and remain in effect until the end of 31 December of that year.
Overview
The Dental Benefits Amendment Rules 2008 (No. 1) were enacted to amend the existing Dental Benefits Rules 2008 in relation to the Medicare Teen Dental Plan. This plan, introduced on 1 July 2008, allows eligible teenagers to receive up to $150 for an annual preventative dental check. Initially, there was an issue where teenagers who received a dental check before being issued a voucher by Medicare Australia could not be paid for the service, as the voucher was required to establish eligibility. The Rules were introduced to rectify this gap by providing a different period of effect for vouchers issued in relation to item 88000 of the Dental Benefits Schedule. The amendment ensures that all vouchers issued in 2008 take effect from 1 July and remain valid until 31 December, and for subsequent years, from 1 January to 31 December of that year. This change was made by the Minister for Health and Ageing under the authority of Section 60 of the Dental Benefits Act 2008, with the objective of aligning with the original intent of the policy, protecting the rights of eligible teenagers, and ensuring they receive the benefits they are entitled to.
Scope and Application
The Dental Benefits Amendment Rules 2008 (No.1) applies to eligible teenagers who are beneficiaries of the Medicare Teen Dental Plan, a scheme established under the Dental Benefits Act 2008. The Act operates within the Commonwealth jurisdiction and is administered by Medicare Australia. The Rules amend the Dental Benefits Rules 2008 to specify the period of effect for vouchers issued in relation to the preventative dental check, item 88000. The Rules provide a retrospective effect for vouchers issued in 2008, ensuring that eligible teenagers who received a preventative dental check before their voucher was issued can still claim dental benefits. This amendment ensures that the original intent of the Government’s policy is upheld, providing a beneficial effect to eligible teenagers without disadvantaging or imposing liabilities on other persons, except the Commonwealth. Dentists and the Australian Dental Association will also be informed of these changes. The Rules are made under section 60 of the Dental Benefits Act 2008, and they commence on the day after they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The Dental Benefits Amendment Rules 2008 (No.1) provide an amendment to the Dental Benefits Rules 2008 to adjust the period of effect for vouchers issued in relation to item 88000 under the Medicare Teen Dental Plan (section 3). This amendment ensures that the voucher period aligns with the intended policy framework of the program. Specifically, Rule 3 of the Dental Benefits Amendment Rules 2008 (No.1) modifies Schedule 1 of the Dental Benefits Rules 2008, with section 9A specifying the period of effect for vouchers (Schedule 1, section 9A).
For the 2008 calendar year, Rule 3 ensures that vouchers issued to eligible teenagers take effect from 1 July 2008 and remain valid until 31 December 2008, regardless of the date of issue (Schedule 1, section 9A(a)). This provision is designed to protect teenagers who received a preventative dental check before their voucher was issued, allowing them to claim the benefit. For subsequent years, Rule 3 stipulates that vouchers issued in any given year will take effect from 1 January of that year and remain valid until 31 December of the same year (Schedule 1, section 9A(b)).
The Dental Benefits Amendment Rules 2008 (No.1) impose certain obligations on relevant parties. For instance, Medicare Australia is required to issue vouchers to eligible teenagers in a timely manner, ensuring that they are informed of their eligibility and the period of effect for the voucher (section 31). Dentists must ensure that they provide the necessary dental services to eligible teenagers and submit claims for the benefits within the specified voucher period (section 31). The Australian Dental Association has the responsibility of communicating these changes to its members, ensuring that dentists are aware of the updated rules and can advise their patients accordingly.
Failure to comply with the Dental Benefits Amendment Rules 2008 (No.1) could result in civil or criminal consequences. For instance, if Medicare Australia fails to issue vouchers in accordance with the amended rules, eligible teenagers may be denied the benefit they are entitled to, which could lead to administrative actions against the agency. Dentists who submit claims outside the specified voucher period may also face penalties, including the rejection of their claims and potential fines. The precise penalties for non-compliance are not explicitly stated in the Act or the Rules, but breaches of legislative instruments can typically result in civil penalties, criminal charges, or both, depending on the severity of the breach.