EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3)
Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may, by writing, determine that a health service not listed in the general medical services table (the Table) shall, in specified circumstances and for specified statutory provisions, be treated as if it were so listed. The Table is set out in the Health Insurance (General Medical Services Table) Regulations, which is remade each year.
Purpose
The purpose of the Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3) (the Determination) is to amend eligibility requirements for psychologists proving Medicare-rebateable allied health services, enabling psychologists who have conditions attached to their general registration to provide such services.
Background
Under the Health Insurance (Allied Health Services) Determination 2011 (the Principal Determination) appropriately qualified psychologists are able to provide focussed psychological strategies health services, mental health services, non-directive pregnancy support counselling health services, psychological therapy health services and psychology health services.
Prior to the amendments made by the Determination, psychologists were required to be registered ‘without limitation’ in order to provide allied health services under Medicare. This meant that psychologists with provisional registration (i.e. requiring a period of supervised practice prior to gaining general registration) or with non-practising registration were not eligible to provide Medicare services. However it also meant that psychologists with general registration who had any conditions attached to their registration were ineligible to provide allied health services for which Medicare benefits could be paid.
From 1 July 2010, the psychology profession has been regulated by the Health Practitioner Regulation National Law Act as in force in each state and territory of Australia. The Psychology Board of Australia is the National Board for the psychology profession.
The Psychology Board of Australia can impose conditions on a psychologist’s registration which may relate to the practitioner’s health, practice or registration. Psychologists with general registration who have conditions attached to their registration have been assessed by the Psychology Board of Australia as able to practice and provide mental health services within the parameters of those conditions. The Psychology Board of Australia monitors compliance with conditions that have been imposed on a psychologist’s registration and is able to take appropriate steps should conditions not be adhered to including suspension or revocation of registration.
However, prior to these amendments psychologists whose registration was subject to any conditions were unable to provide Medicare services even when practising within those conditions.
Details of amendments
Provider qualification requirements relating to the various categories of allied health services are set out in Schedule 1 of the Principal Determination. Items 7, 8, 9, 16 and 17 of Schedule 1 set out the qualification requirements for focussed psychological strategies services, mental health services, non-directive pregnancy support services, psychology therapy services and psychology services, respectively.
The Determination amends items 7, 8, 9, 16 and 17 of Schedule 1 to the Principal Determination to remove the requirement that psychologists providing these services be registered ‘without limitation’ under the applicable law in force in the State or Territory in which the service was provided, and replace it with a requirement that the psychologist hold general registration under the applicable law. This will enable psychologists holding general registration subject to conditions to provide Medicare-rebateable allied health services, providing any other eligibility criteria are met.
Psychologists with provisional registration who require further supervised practice prior to gaining general registration and psychologists with non-practising registration remain ineligible to provide Medicare-eligible services.
Commencement
This Determination commences the day after registration on the Federal Register of Legislative Instruments.
Consultation
In making this Determination the Department of Health and Ageing consulted the Psychology Board of Australia and the Australian Psychological Society. It is the role of the Psychology Board of Australia to make sure that only those practitioners who have the skills and qualifications to provide safe care and psychological services to the Australian community are registered to practice in the psychology profession.
The Psychology Board of Australia and the Australian Psychological Society both supported the amendments made by the Determination.
A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.