Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2)

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Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2) 1999 No. 193

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 193

Issued by the Authority of the Minister for Health and Aged Care

Health Insurance Act 1973

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2)

Section 133 of the Health Insurance Act 1973 ('the Act') provides that the Governor-General may make regulations prescribing matters for purposes of the Act.

The Act provides for payments to eligible persons for professional service by way of Medicare benefits.

Section 4AA of the Act provides that the table of diagnostic imaging services may be prescribed by the Regulations. The Health Insurance (1998-99 Diagnostic Imaging Services Table) Regulations 1998 prescribe such a table.

Section 9 of the Act provides that Medicare benefits shall be calculated by reference to the fees for medical services (including diagnostic imaging services) set out in a table which included the Diagnostic Imaging Services Table (the Table)

The Regulations incorporate the following changes to the Table:

*       the introduction of professional supervision requirements for referred ultrasound services;

*       the amendment of item wording to exclude the payment of benefits where item 55036 is performed in conjunction with item 55042 or item 55044 within a 24 hour period;

*       the introduction of two new items for saline infusion sonohysterography;

*       the deletion of two items (55286 and 56019);

*       minor consequent editorial amendments following the deletion of item 55286; and

*       the implementation of fee changes.

The changes have been developed in consultation with the Royal Australian and New Zealand College of Radiologists, and the Australian and New Zealand Association of Physicians in Nuclear Medicine.

Details of the Regulations are in the attachment.

The regulations came into effect from 1 September 1999.

ATTACHMENT

Details of the Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2)

Regulation 1 provides that the name of the regulations will be the Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2)

Regulation 2 provides for the regulations to commence on 1 September 1999.

Regulation 3 provides that the Health Insurance (1998-99 Diagnostic Imaging Services Table) Regulations 1999 will be amended by Schedule 1 of the proposed Regulations.

Changes to the Regulations detailed in Schedule 1

Item 1 provides for a change to Rule 10 (b) to enable the fee for derived item 59013 to be reduced from $21.75 to $21.30.

Item 2 provides for the introduction of professional supervision for referred ultrasound services. The intent of this provision is to promote quality and appropriate ultrasound services by seeking to ensure that these services are provided in a situation where a medical specialist is available to monitor and influence the conduct and diagnostic quality of the examination, including, if necessary, by personal attendance on the patient. The provision has been developed through extensive consultation with ultrasound service providers. Professional supervision requirements have previously been introduced for the eligible provision of magnetic resonance imaging services, computed tomography and mammography.

Referred ultrasound services will be exempt from professional supervision requirements where rendered in an emergency or in a remote location, or where the service was rendered by or on behalf of a medical practitioner who provided more than 50 ultrasound services during the last year and who was not a specialist or consultant physician. Services rendered in a nursing home or the patient's home will also be exempt.

Items 3 to 8 provide for the payment of Medicare benefits only once in a twenty-four hour period where item 55036 (ultrasound scan of the abdomen) is performed with either items 55042 (ultrasound scan of the pelvis, female) or 55044 (ultrasound scan of the pelvis, male).

Item 9 provides for the introduction of two new ultrasound items for saline infusion sonohysterography, to be used as a second-line diagnostic procedure for abnormal uterine bleeding. The implementation of this service was proposed by the Medicare Services Advisory Committee, following assessment based on the strength of evidence as to its effectiveness, cost-effectiveness and safety.

Item 10 provides for item 55286 to be deleted from the Diagnostic Imaging Services Table. Expert advice has indicated that this item is no longer clinically relevant.

Items 11 and 12 provide for the minor amendment of items 55288 and 55290, as a consequence of the deletion of item 55286.

Item 13 provides for item 56019 to be deleted from the Diagnostic Imaging Services Table. Expert advice has indicated that this item is no longer clinically relevant.

Item 14 provides for the introduction of a range of fee reductions for nearly all diagnostic imaging services, with the exception of magnetic resonance imaging services. The fee reductions in the Nuclear Medicine Group have been targeted to particular items, on the advice of the Australian and New Zealand Association of Physicians in Nuclear Medicine (ANZAPNM). Expenditure for diagnostic imaging services in 1998-99 exceeded expected growth. These fee reductions are being proposed as part of a wider package of measures to assist in meeting the targets for expenditure that are set out in the Diagnostic Imaging Agreement.

 

Overview

The Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2) were introduced to address specific issues within the diagnostic imaging services table under the Health Insurance Act 1973. Enacted by the Parliament of Australia, these regulations aim to ensure that the provision of diagnostic imaging services aligns with contemporary medical practices and cost-effectiveness targets. The primary objective of these amendments was to refine the criteria and fees associated with various diagnostic imaging services, thereby enhancing the quality and appropriateness of these services while controlling expenditure. The regulations were developed in consultation with relevant medical colleges and associations to ensure that the changes were grounded in expert advice and clinical relevance. These amendments introduced professional supervision requirements for referred ultrasound services, aiming to maintain high standards in the delivery of these services. Additionally, the regulations modified the payment structure to prevent the payment of benefits for certain combinations of diagnostic imaging services within a 24-hour period, thereby avoiding unnecessary duplication. New items for saline infusion sonohysterography were introduced, while certain items were removed due to their lack of clinical relevance. The amendments also included fee reductions for most diagnostic imaging services, except for magnetic resonance imaging services, to align with budgetary constraints. These changes collectively sought to balance quality care with financial sustainability within the Medicare framework.

Scope and Application

The Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2) amends the Health Insurance (1998-99 Diagnostic Imaging Services Table) Regulations 1998, which are made under section 4AA of the Health Insurance Act 1973. The Act governs payments to eligible individuals for professional services via Medicare benefits and provides for the prescription of a table of diagnostic imaging services through the regulations. These regulations specifically target the table of fees for diagnostic imaging services, introducing various amendments to ensure the appropriate provision of these services and to manage expenditure growth within the Medicare system. The amendments include the introduction of professional supervision requirements for certain ultrasound services, restrictions on the payment of benefits for specific combinations of imaging services within a 24-hour period, the addition of new items for saline infusion sonohysterography, and the deletion of outdated or clinically irrelevant items. These changes reflect expert consultation and aim to enhance the quality and cost-effectiveness of diagnostic imaging services within Medicare. The regulations apply across Australia, as they are made under the Commonwealth Health Insurance Act. They came into effect on 1 September 1999 and are subject to further amendments through subordinate instruments, as permitted by the Act.

Key Provisions

The Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No. 2) primarily serve to amend the existing Diagnostic Imaging Services Table under the Health Insurance Act 1973 (section 4AA). These regulations introduce several key changes to the table of services for which Medicare benefits are payable, including the introduction of professional supervision requirements for referred ultrasound services, amendments to payment rules, and the addition and removal of specific items (Regulation 3). These amendments were developed in consultation with relevant professional bodies such as the Royal Australian and New Zealand College of Radiologists and the Australian and New Zealand Association of Physicians in Nuclear Medicine, ensuring that the changes are evidence-based and clinically relevant. Under these regulations, several obligations and requirements are imposed on the parties involved. Medical practitioners and service providers must now adhere to the new professional supervision requirements for referred ultrasound services, ensuring that these services are monitored and influenced by a medical specialist to maintain diagnostic quality (Item 2). Additionally, practitioners are obligated to ensure that Medicare benefits are paid only once within a 24-hour period when specific diagnostic imaging services are performed in conjunction (Items 3 to 8). Service providers must also update their billing practices to reflect the new fee structures and the removal or addition of specific items in the Diagnostic Imaging Services Table (Items 10, 13). Failure to comply with these regulations may result in civil and criminal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of the Health Insurance Act 1973 generally can result in substantial fines and potential criminal charges. For instance, providing false or misleading information to obtain Medicare benefits can lead to fines of up to $21,000 for individuals and $105,000 for corporations, as well as imprisonment for up to five years (section 133). Additionally, the introduction of new fee structures and amendments to service items necessitates accurate and compliant billing practices to avoid penalties associated with incorrect claims.

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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.