Health Insurance (1995-96 General Medical Services Table) Regulations (Amendment)

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Health Insurance (1995-96 General Medical Services Table) Regulations
(Amendment) 1996 No. 106
 

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 106

Issued by Authority of the Minister for Health and Family Services

Health Insurance Act 1973

Health Insurance (1995-96 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 diagnostic imaging services and pathology services). The Health Insurance (General Medical Services Table) Regulations, Statutory Rules 1995 No. 298 currently prescribe such a table.

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

The Regulations amend the current table of general medical services by introducing new services (e.g., hyperbaric oxygen therapy - subregulation 4.4; therapeutic haemapheresis -subregulation 4.6; peripheral arterial or venous catheterisation - subregulation 4.31), deleting obsolete services (e.g., certain urological procedures - proposed subregulation 4.35) and amending the descriptions and/or fees of other services. They also introduce 1 new rule of interpretation of the table and amend existing rules to correct omissions and take account of changes to items in the table.

Changes to the table resulted from ongoing reviews by the Medicare Benefits Consultative Committee designed to ensure that the table reflects current medical practice.

Details of the Regulations are set out in the Attachment.

The regulations came into effect an 1 July 1996.

ATTACHMENT

Details of the Regulations are as follows:

Regulation 1 provided for the Regulations to commence on 1 July 1996.

Regulation 2 provided that the General Medical Services Table be amended as set out in the Regulations.

Subregulation 3.1 amended subrule 1 (1) of the rules of interpretation by inserting a definition of "comprehensive hyperbaric medicine facility" for the purposes of items in the table containing this reference.

Subregulations 3.2 and 3.4 amended subrule 10(2) and 11(2) respectively of the rules of interpretation to delete reference to items 11303 and 13315 from the list of items that require personal attendance by medical practitioners. Item 11303 was incorrectly listed as it can be performed by persons other than medical practitioners. Item 13315 has been deleted from the table.

Subregulations 3.3 and 3.5 amended subrule 10 (2) and 11(2) respectively of the rules of interpretation to include new item 13030 which has a requirement for the service to be provided by a medical practitioner. Items 13000, 13003 and 13012 have been deleted from the table.

Subregulations 3.6 to 3.8 amended subrule 12(2) of the rules of interpretation to include item 11303 and new items 13020, 13025, 13750, 13755 and 13760 as these services may be performed by persons other than medical practitioners.

Subregulation 3.9 amended subrule 22 (2) of the rules of interpretation to extend the item range as a consequence of the introduction of items 75150 and 75621 into the table.

Subregulation 3.10 amended rule 29 of the rules of interpretation to include item 16571, as a consequence of the introduction of this item into the table.

Subregulation 3.11 omitted rule 32. The meanings of "closed reduction" and "open reduction" are also contained in subrule 1 (1).

Subregulation 4.1 amended the description of item 11603 to address possible inappropriate practice associated with this procedure.

Subregulations 4.2 and 4.3 amended the description of item 11918 to clarify the intent of the item. The amendment provides for ail associated imaging to be covered when cystometrography is performed.

Subregulation 4.4 amended the descriptions of services in the table covering hyperbaric oxygen therapy. The changes to the descriptions relate to the requirement for hyperbaric oxygen therapy to be restricted to proper facilities (i.e. a comprehensive hyperbaric medicine facility) based on standards developed by the profession; and provide for the patient to be pressurised for a minimum of 1 hour 30 minutes.

Subregulation 4.5 omitted obsolete item 13315.

Subregulation 4.6 introduced new items into the table to cover haemapheresis as an adjunct to high dose chemotherapy for non-Hodgkin's lymphoma and Hodgkin's disease in prescribed circumstances.

Subregulation 4.7 introduced a new item into the table to cover administration of an anaesthetic in connection with change of a dressing or plaster undertaken in a hospital or day hospital facility.

Subregulation 4.8 amended the descriptions of items 18216, 18219, 18230 and 18232 to exclude caudal injection on the advice of the anaesthetic profession. "Caudal" is covered by "intrathecal" as contained in these items.

Subregulations 4.9 and 4.10 corrected minor anomalies in the description of item 30378, to clarify intent.

Subregulations 4.11 to 4.32 introduced amendments to vascular surgery services in the table, following a major review of these services. The changes are aimed at ensuring that the items reflect and encourage appropriate clinical practice. The changes have been agreed with the profession.

Subregulations 4.33 and 4.34 inserted anaesthetic unit values for items 35518 and 35658 which were inadvertently omitted from the previous regulations.

Subregulation 4.35 deleted several obsolete urological services from the table.

Subregulation 4.36 amended item 37415 to restrict the use of penile injection in the investigation and treatment of impotence, based on advice from the profession.

Subregulation 4.37 amended an anomaly that currently allows the payment of benefits for the removal of a ventilating tube from the ear. Benefits are payable for this procedure on an attendance basis only.

Subregulations 4.38 and 4.39 amended the anaesthetic values of items 45638 and 45641.

 

Overview

The Health Insurance (1995-96 General Medical Services Table) Regulations (Amendment) 1996 No. 106 were enacted to address the need for updating the table of medical services under the Health Insurance Act 1973. The Act, enacted by the Australian Parliament, facilitates payments for medical services through Medicare. The Regulations, issued by the Minister for Health and Family Services, amend the existing table to introduce new services, delete obsolete ones, and adjust the descriptions and fees of other services to reflect current medical practices. These amendments aim to ensure the table remains relevant and comprehensive, thereby aligning with contemporary medical standards and practices. The changes were the result of ongoing reviews by the Medicare Benefits Consultative Committee and were designed to correct omissions, account for changes to items in the table, and ensure the table accurately reflects current medical practice. The Regulations came into effect on 1 July 1996, and they include updates such as the introduction of services like hyperbaric oxygen therapy and therapeutic haemapheresis, the deletion of obsolete services like certain urological procedures, and modifications to descriptions and fees of various services to ensure clarity and appropriateness. Additionally, the Regulations introduce new rules of interpretation and amend existing rules to address discrepancies and omissions. The overarching policy objective is to maintain a medical services table that is reflective of current medical practices and necessary for the accurate calculation of Medicare benefits.

Scope and Application

The Health Insurance (1995-96 General Medical Services Table) Regulations (Amendment) 1996 No. 106 apply to the administration and enforcement of the Health Insurance Act 1973, which provides for payments by way of medicare benefits, payments for hospital services, and payments for matters concerning related committees and tribunals. These regulations are relevant to medical practitioners, health service providers, and patients who receive services covered under the Act. The amendments introduced by these regulations impact the scope of medical services covered under the General Medical Services Table, thereby affecting the industry practices and remuneration for medical professionals involved in these services. The geographic or jurisdictional reach of these regulations is national, as they are issued under the authority of the Commonwealth of Australia. The regulations do not explicitly state any exclusions or exemptions, but they do impose specific thresholds and conditions for the inclusion of medical services in the table. The application of the Act and its subordinate regulations can be extended or restricted through further amendments and the issuance of additional statutory rules, thereby allowing for ongoing adjustments to the table of medical services in response to changes in medical practice and healthcare needs.

Key Provisions

The Health Insurance (1995-96 General Medical Services Table) Regulations (Amendment) 1996 No. 106 amends the Health Insurance (General Medical Services Table) Regulations, Statutory Rules 1995 No. 298. These Regulations, under Section 4 of the Health Insurance Act 1973 (the Act), prescribe a table of medical services, excluding diagnostic imaging and pathology services, for the calculation of medicare benefits as stipulated in Section 9 of the Act. The amendments include introducing new services such as hyperbaric oxygen therapy and therapeutic haemapheresis, deleting obsolete services, and modifying descriptions and fees for other services. The changes were made to ensure the table reflects current medical practice and are based on reviews by the Medicare Benefits Consultative Committee. The Regulations impose several obligations on the parties governed by them. Firstly, the amendments to the table must be implemented by medical practitioners and other relevant parties when providing services and claiming medicare benefits. The changes to the descriptions and fees necessitate updates to service provision and billing practices to align with the new standards. Additionally, the new rules of interpretation must be adhered to for accurate interpretation and application of the table. Service providers must ensure they understand the updated definitions and requirements, such as the definition of "comprehensive hyperbaric medicine facility" introduced by subregulation 3.1, to comply with the new regulations. The Regulations also introduce various offences, penalties, and consequences for non-compliance. While specific penalties are not detailed in the explanatory statement, breaches of the Act or the Regulations generally could lead to civil or criminal penalties. For instance, fraudulent claims for medicare benefits can result in fines or imprisonment. Additionally, inaccurate or misleading information provided in claims could lead to financial penalties or legal action. The amendments to the table are intended to prevent inappropriate practices and ensure that services are provided according to the standards set by the Regulations. The Regulations came into effect on 1 July 1996, as stated in Regulation 1. This commencement date signifies that all the changes to the table of medical services and the rules of interpretation must be implemented by service providers and other relevant parties from this date. The introduction of new services and the deletion of obsolete ones ensures that the table remains relevant and reflective of current medical practices, thereby maintaining the integrity and effectiveness of the medicare benefits system.

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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.