Health Benefits Reinsurance (Records of Organisations) Determination 1998

Administered by Department of Health, Disability and Ageing

Legislation au F2005B01365 Not in force Legislative Instrument

Legislation content

Health Benefits Reinsurance (Records of Organisations) Determination 1998

as amended

made under subsection 73BB (1) of the

National Health Act 1953

This compilation was prepared on 9 July 2003
taking into account amendments up to Health Benefits Reinsurance
(Records of Organisations) Amendment Determination 2003 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1.1 Name of Determination [see Note 1]

 1.2 Commencement [see Note 1]

 1.3 Definitions 

 1.4 Records to be maintained 

 1.5 Information to be given to Council 

 1.6 When information is to be given to Council 

 1.7 Form in which information is to be given 

Schedule Phiac quarterly return

Part 1 Instructions

Division 1  Introductory

 1.1 Purpose of Part 

Division 2  Electronic data

 2.1 Electronic format 

 2.2 Electronic medium 

Division 3  Content of return

 3.1 Returns to be given on State by State basis 

 3.2 Information about members 

 3.3 Information about benefits 

 3.4 Information about age of beneficiaries 

Part 2 Form PHIAC 1

Notes 

 

 

 

1.1 Name of Determination [see Note 1]

  This Determination is the Health Benefits Reinsurance (Records of Organisations) Determination 1998.

1.2 Commencement [see Note 1]

  This Determination commences on gazettal.

1.3 Definitions

  In this Determination:

Act means the National Health Act 1953.

quarterly return means the form set out in the Schedule.

Note    Some expressions used in this Determination are defined in the Act (see s 4) or in the Health Insurance Act 1973 (see s 3), including:

  •              contributor
  •              Council
  •              dependant
  •              registered health benefits organisation
  •              registered organisation.

1.4 Records to be maintained

  To enable the Council to perform its functions in relation to the Health Benefits Reinsurance Trust Fund, a registered health benefits organisation must maintain the following records:

 (a) the name, and age, of each contributor to the health benefits fund conducted by the registered organisation, and each dependant of a contributor;

 (b) the kind of membership that, under the rules of the organisation, each contributor and dependant has in the fund;

 (c) each benefit that is paid or payable, and the name of the contributor or dependant for whom it is payable;

 (d) details of the treatment, service or other matter for which the benefit is paid or payable;

 (e) if the benefit is a casemix episodic payment, within the meaning of subsection 73BD (4) of the Act — that fact.

1.5 Information to be given to Council

  A registered health benefits organisation must draw from its records, and give to the Council, the following information:

 (a) all of the information mentioned in section 1.4, in the form indicated in the quarterly return;

 (b) any statistical calculations and analyses requested by the Council.

1.6 When information is to be given to Council

 (1) The information mentioned in paragraph 1.5 (a) is to be drawn from records quarterly and given to the Council within 4 weeks after the end of the quarter to which the information relates.

 (2) In this section, quarter means the period of 3 months ending on 31 March, 30 June, 30 September or 31 December in a year.

1.7 Form in which information is to be given

 (1) The information mentioned in paragraph 1.5 (a) is to be given to the Council as electronic data, and as a printed record, in the form set out in the quarterly return.

 (2) The printed record of a quarterly return must be certified, in writing, to be true and correct in the information given (if that is the case) by the public officer of the registered organisation (within the meaning of section 74 of the Act).

Schedule Phiac quarterly return

(section 1.3)

Part 1 Instructions

Division 1 Introductory

1.1 Purpose of Part

  This Part sets out information about how a quarterly return is to be prepared and presented for acceptance by the Council.

Division 2 Electronic data

2.1 Electronic format

 (1) The electronic format of a quarterly return may be any format acceptable to the Council.

Note   At the time of making this Determination, PHIAC is able to accept returns created in DOS, Windows or Macintosh OS and can accept data set out on spreadsheets using Lotus (wk3 format) or Excel (any version).  On request, PHIAC will supply a diskette appropriately formatted and including various acceptable spreadsheets.

 (2) A return is to be presented as an unaccompanied worksheet, and must not be coupled to any other worksheet (for example, as a workbook).

2.2 Electronic medium

  Electronic data must be provided to the Council on a 3.5 floppy diskette or by electronic mail.

Division 3 Content of return

3.1 Returns to be given on State by State basis

 (1) A return for a fund is to include information relating only to 1 State (that is, relating to members whose residence, or principal place of residence, is in the same State).

 (2) However, if the number of members resident in a particular State is fewer than 500 single equivalent units, information relating to those members must be included in a return relating to the State in which the largest number of members reside.

 (3) Subitem (2) does not apply to a return relating to a State that, having been the State of residence for 500 single equivalent units or more, becomes the State of residence for fewer than 500, unless, at the end of 4 succeeding return periods, the membership in the State remains less than 500.

 (4) For subitems (2) and (3), a single equivalent unit is any of the following members:

 (a) for a single membership — the contributor;

 (b) for a couples membership — both members of the couple;

 (c) for a single parent membership — the single parent and one other member only;

 (d) for a family membership — 2 members only.

 (5) In this item:

 (a) the Northern Territory is taken to be a State; and

 (b) the Australian Capital Territory is taken to be part of New South Wales.

3.2 Information about members

  Information about members of a fund that is to be given in a return is affected by the following rules:

 (a) total hospital membership means all contributors to a table of the fund that provides benefits for hospital accommodation, and dependants of those contributors;

 (b) exclusionary tables, for hospital benefits payable by a fund, means tables under which benefits for certain treatments cannot be claimed;

 (c) non-exclusionary tables, for hospital benefits payable by a fund, means all tables other than exclusionary tables, and include a table for treatment at a particular hospital, or hospitals, if the table provides benefits for all treatments;

 (d) family membership means insurance actually covering an adult couple and a dependant, or dependants, of the couple;

 (e) single parent membership means insurance actually covering an adult and a dependant, or dependants, of the adult;

 (f) couples membership means insurance actually covering 2 adults without a dependant;

 (g) hospital membership change during the quarter means the difference (if any) between the total number of members in a category of membership (within the meaning of these rules) of a fund at the beginning of a quarter and at the end of the quarter;

 (h) medical membership means insurance that provides for the cost gap for medical treatment after a payment by Medicare, but does not include in its coverage any hospital treatment (within the meaning of section 67 of the Act).

3.3 Information about benefits

  Information about benefits paid, or payable, by a fund that is to be given in a return is affected by the following rules:

 (a) episode, has the same meaning as in the Hospital Casemix Protocol mentioned in paragraph 73BD (2) (c) of the Act, namely, the period between admission and separation that a person spends in 1 hospital, and includes leave periods not exceeding 7 days;

 (b) except as mentioned in paragraph (d), an episode is to be included in the return only if it is complete (that is, the fund member concerned has separated from the hospital);

 (c) the number of days comprising an episode, for the purpose of the return, is all the days in the episode, including days for which no benefit is paid or payable, but not including leave days;

 (d) benefits paid for part of an episode that is not complete (because of an interim billing arrangement) are to be included in the return, together with information about the number of days to which the benefits relate;

 (e) schedule fee has the meaning given in subsection 8 (1A) of the Health Insurance Act 1973;

 (f) amounts entered as benefits paid are to be entered as whole dollar amounts only.

3.4 Information about age of beneficiaries

  Information about the age of persons for whom a benefit is paid by a health benefits fund must be given for all such persons under all tables of the fund.

Part 2 Form PHIAC 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes to the Health Benefits Reinsurance (Records of Organisations) Determination 1998

Note 1

The Health Benefits Reinsurance (Records of Organisations) Determination 1998 (in force under subsection 77BB (1) of the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Health Benefits Reinsurance (Records of Organisations) Determination 1998

16 July 1998
(see Gazette 1998, No. S367)

16 July 1998

 

Health Benefits Reinsurance (Records of Organisations) Amendment Determination 1999 (No. 1)

6 Oct 1999
(see Gazette 1999, No. GN40)

6 Oct 1999

Health Benefits Reinsurance (Records of Organisations) Amendment Determination 2000 (No. 1)

21 June 2000
(see Gazette 2000, No. GN24)

21 June 2000

Health Benefits Reinsurance (Records of Organisations) Amendment Determination 2001 (No. 1)

27 June 2001 (see Gazette 2001, No. GN25)

27 June 2001

Health Benefits Reinsurance (Records of Organisations) Amendment Determination 2003 (No. 1)

22 Jan 2003
(see Gazette 2003, No. GN3)

22 Jan 2003

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule.............

am. 1999 No. 1; 2000 No. 1; 2001 No. 1; 2003 No. 1

 

 

Overview

The Health Benefits Reinsurance (Records of Organisations) Determination 1998, as amended, was enacted to address the need for standardised record-keeping and reporting requirements for registered health benefits organisations in relation to the Health Benefits Reinsurance Trust Fund under the National Health Act 1953. This Determination was made under subsection 73BB(1) of the Act by the relevant legislature, which in this case is the Parliament of Australia. The policy objective of this Determination is to ensure that registered health benefits organisations maintain comprehensive records and provide necessary information to the Council, thereby facilitating the Council's oversight and management of the Trust Fund. These records and reports are intended to enable the Council to effectively monitor the activities and financial transactions of health benefits organisations, ensuring compliance and the proper administration of the Trust Fund.

Scope and Application

The Health Benefits Reinsurance (Records of Organisations) Determination 1998, made under subsection 73BB(1) of the National Health Act 1953, applies to registered health benefits organisations, which are entities that conduct health benefits funds. These organisations are required to maintain specific records related to contributors and dependants, such as their names, ages, membership types, and benefits paid, and to submit this information to the Council on a quarterly basis. The determination mandates that these records be kept to enable the Council to perform its functions in relation to the Health Benefits Reinsurance Trust Fund. Information must be submitted to the Council in both electronic and printed formats, with the printed records being certified as true and correct. The quarterly return must be prepared on a State-by-State basis, with certain exceptions for smaller memberships. The determination also specifies the electronic format and medium for submitting the data, allowing for flexibility in the acceptable formats as long as they meet the requirements set out in the determination. Any amendments to this determination are made through subordinate legislation, as evidenced by the various amendment determinations that have been enacted over the years.

Key Provisions

The Health Benefits Reinsurance (Records of Organisations) Determination 1998 (the Determination) requires registered health benefits organisations to maintain specific records and provide certain information to the Council on a quarterly basis. According to section 1.4 of the Determination, these records must include the name and age of each contributor and dependant, the type of membership, details of benefits paid or payable, and the treatment or service for which the benefit is paid. Additionally, if a benefit is a casemix episodic payment, this fact must be noted. Section 1.5 stipulates that registered health benefits organisations must extract the required information from their records and provide it to the Council, including any statistical calculations and analyses as requested. The information must be provided within four weeks after the end of each quarter, as outlined in section 1.6. Registered health benefits organisations have obligations under the Determination to maintain accurate and detailed records of their contributors, dependants, and benefits paid. These records must be readily accessible and must include all the information required by section 1.4. Furthermore, organisations must compile the information in the prescribed format and provide it to the Council within the specified timeframes. The information must be accurate and truthful, as it forms the basis for the Council's oversight and management of the Health Benefits Reinsurance Trust Fund. Breaches of the Determination may lead to various consequences. While the Determination does not explicitly outline specific offences or penalties, failure to comply with the requirements may result in enforcement actions by the Council. This could include fines, legal proceedings, or other administrative penalties. Additionally, non-compliance may impact the organisation's ability to participate in the Health Benefits Reinsurance scheme, potentially affecting their financial standing and ability to provide benefits to their members. It is important for registered health benefits organisations to adhere to the Determination to avoid any potential consequences and to ensure the smooth operation of the Health Benefits Reinsurance Trust Fund.

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