Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment)

Legislation au C2004L04888 Regulations Not in force Legislative Instrument

Legislation content

Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment) 1993 No. 145
 

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 145

Issued by the authority of the Minister for Health

Health Insurance Act 1973

Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment)

The Health Insurance Act 1973 (the Act) provides for payments by way of medicare benefits, payments for hospital services and payments for matters concerning related committees and tribunals.

Section 133 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 4 of the Act provides that the regulations may prescribe a table of medical services (the table), (other than pathology services) in accordance with the form of table set out in Schedule 1 and that, upon commencement of a regulation prescribing the table, it has effect as if it were set out in Schedule 1 in place of the table in that Schedule. The Health Insurance (1992-1993 General Medical Services Table) Regulations currently prescribe such a table for the purposes of section 4.

Subsection 4(4) of the Act provides that the regulations may amend a table and on commencement of the amendment the table as amended has effect in place of the table in Schedule 1.

Section 9 of the Act provides that medicare benefits shall be calculated by reference to the fees for general medical services set out in the table.

The Regulations amend the current table (Statutory Rules 1992 No's 338, 347 and 398) by introducing new services, deleting some existing services and amending the descriptions and/or fees of other services. They also introduce a new rule of interpretation to define an intensive care unit for the purposes of items in Subgroup T1-9 of the table.

Changes to the table result from ongoing reviews by the Medicare Benefits Consultative Committee designed to ensure that it reflects current medical practice. The major areas reviewed were cardiovascular (ECG) investigations, intensive care, chemotherapy and pain management.

Details of the regulations are as follows.

Subregulation 1.1 provided for the Regulations to commence on 1 July 1993.

Subregulation 2.1 provided for the Health Insurance (1992-1993 General Medical Services Table) Regulations to be amended as set out below.

Subregulation 3.1 inserts a definition of "intensive care unit" for the purposes of the Intensive Care Management and Procedures subgroup of the Miscellaneous Therapeutic Procedures Group of items in the table.

Subregulation 3.2 amends Rule of Interpretation 1.5, extending the definition of "referring practitioner" to allow dental practitioners approved by the Minister to refer patients directly to consultant physicians if the referral arises out of a dental service.

Subregulation 3.3 amends Rule of Interpretation 11.2 to add to the number of items of service which may be given by persons other than medical practitioners, either employed by medical practitioners or acting under their supervision, the new chemotherapeutic procedures being added to the table in these regulations.

Subregulations 3.4 and 3.5 reduce the fees for items 11221 and 11224 following an evaluation of computerised perimetry services. Computerised perimetry is an automated method used by ophthalmologists to diagnose and monitor the spread of glaucoma and to assist in the diagnosis of specific neurological disorders. Due to a significant reduction in the cost of equipment (which can now be manufactured locally) and a substantial increase in patient through-put, a reduction in fees is appropriate.

Subregulations 3.6 to 3.11 reflect the recommendations flowing from a review of respiratory, vascular and cardiovascular investigations and the emergence of new and simplified technology in this area.

Subregulation 3.12 amends the descriptions of items 12000 and 12003, distinguishing these items for allergy tests from the two following items in the table.

Subregulation 3.13 inserts in the Intensive Care Management and Procedures subgroup (of items) a number of additional items which cover advances in intensive care treatment and substitute new global management items for the existing items.

Subregulation 3.14 substitutes a number of items in the Chemotherapeutic Procedures subgroup of items in the table and a number of new items are added reflecting the changes in the delivery of chemotherapy by personnel and their use of technology.

Subregulations 3.15 and 3.16 expand the description of one item and insert a new item in the Other Therapeutic Procedures subgroup in the table.

Subregulation 3.17 amends the description of item 18212 to distinguish between the management of two different types of analgesia referred to in this item.

Subregulations 3.18 to 3.24 amend the descriptions of items to clarify their intent, correct anomalies and omissions to items identified during the ongoing reviews of various sections of the table.

Subregulations 3.25 to 3.53 amend the descriptions of a number of items, introduce new items and delete obsolete items from the cardiothoracic surgery and neurosurgical sections of the table. These changes flow from evaluations of earlier reviews as well as a review of items relating to pain management.

Subregulation 3.54 introduces a new item in the ear, nose and throat subgroup of the table to cover a new technique.

Subregulations 3.55 to 3.84 amend the descriptions of a number of items, introduce new items and delete obsolete items from the plastic and reconstructive surgery and orthopaedic surgery areas of the table following evaluations of earlier reviews of these areas.

The Regulations come into effect on 1 July 1993.

 

Overview

The Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment) 1993 No. 145, issued under the authority of the Minister for Health, was enacted to amend the table of medical services prescribed under the Health Insurance Act 1973. This Act provides for the payment of Medicare benefits, hospital services, and related committee and tribunal matters. The primary objective of the amendment is to update the medical services table to reflect current medical practices, including new services, revised descriptions, and adjusted fees. These changes were derived from ongoing reviews by the Medicare Benefits Consultative Committee to ensure the table aligns with contemporary medical practices, particularly in areas such as cardiovascular investigations, intensive care, chemotherapy, and pain management. The regulations introduce new services, delete outdated ones, and modify the descriptions and fees of various services. Additionally, a new rule of interpretation was introduced to define an intensive care unit for specific items in the table. The amendments aim to ensure that Medicare benefits are accurately calculated according to the updated fees for general medical services.

Scope and Application

The Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment) 1993 No. 145 is a statutory rule issued under the Health Insurance Act 1973, which governs payments for medical services in Australia. These regulations amend the existing table of medical services to reflect changes in medical practice, including the introduction of new services, deletion of obsolete ones, and adjustments to descriptions and fees. The regulations are applicable to all entities and individuals involved in the provision of medical services in Australia, as they are designed to ensure that the table of fees accurately reflects current practices and technological advancements. The amendments are intended to provide fair compensation for medical services and to ensure that the Medicare system remains current and effective. The changes are based on recommendations from the Medicare Benefits Consultative Committee and aim to maintain the integrity and relevance of the medical services table. The regulations also extend the definition of "referring practitioner" to include dental practitioners approved by the Minister, allowing them to refer patients directly to consultant physicians under certain conditions. These regulations apply nationally and are intended to be comprehensive, though they may be further refined or extended through subordinate instruments as necessary.

Key Provisions

The Health Insurance (1992-1993 General Medical Services Table) Regulations (Amendment) 1993 No. 145 (the Regulations) amend the Health Insurance (1992-1993 General Medical Services Table) Regulations. The primary changes introduced by the Regulations include the addition of new services, the removal of some existing services, and the modification of descriptions and fees for other services, all aimed at reflecting contemporary medical practices. These amendments are made pursuant to Section 133 of the Health Insurance Act 1973 (the Act), which allows the Governor-General to make regulations for the purposes of the Act. Section 4 of the Act mandates that the regulations prescribe a table of medical services, while Section 9 stipulates that Medicare benefits are to be calculated based on the fees for general medical services set out in this table. The Regulations impose several obligations and requirements on the parties they govern. Firstly, the Regulations require the updating of the table of medical services to incorporate new services and to remove outdated ones. This is essential to ensure that the table accurately reflects current medical practices and technological advancements. Secondly, the Regulations introduce a new definition for "intensive care unit" to clarify the scope of certain services provided under the Intensive Care Management and Procedures subgroup. Additionally, the Regulations expand the definition of "referring practitioner" to allow approved dental practitioners to refer patients directly to consultant physicians for certain services, thereby streamlining patient care pathways. These amendments necessitate compliance from medical practitioners, hospitals, and other entities involved in providing healthcare services under the Act. The Regulations also outline potential consequences for non-compliance. While the explanatory statement does not explicitly state the offences, penalties, or consequences for breach, it is implicit that failure to adhere to the updated table of services and definitions could result in discrepancies in the calculation of Medicare benefits. This could lead to financial discrepancies, disputes over service provision, and potential audits by relevant authorities. Given the nature of the amendments, any breaches could be considered serious, potentially leading to civil or criminal penalties under the Act. The specific penalties for such breaches are not detailed in the explanatory statement but could include fines or other sanctions as prescribed by the Health Insurance Act 1973.

Legal classification tags

Area of Law
Health Law
Insurance Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.