Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018

Administered by Department of Health, Disability and Ageing

Legislation au F2018L01197 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Issued by the Authority of the Minister for Health

 

Health Insurance Act 1973

 

Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may determine in writing that a health service not specified in an item in the general medical services table (the Table) shall, in specified circumstances and for the purpose of specified statutory provisions, be treated as if it were specified in the Table.  This Table is set out in the Health Insurance (General Medical Services Table) Regulation, which is re-made each year.

 

The purpose of the Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 (the Amendment Determination) is to amend the Health Insurance (Allied Health Services) Determination 2014 (the Principal Determination).  The Principal Determination sets out items that may be provided as Medicare-eligible services by appropriately qualified allied health professionals, including but not limited to psychologists, occupational therapists and social workers.

 

The Amendment Determination amends the Principal Determination to implement changes to the Better Access psychological telehealth items.  These changes will modify the existing 12 Medicare Benefits Schedule items to allow allied health professionals to provide Medicare-eligible services via video conference for up to 10 services, rather than the former maximum of seven, and with no requirement to undergo a face-to-face consultation.

 

The amendments to the Principal Determination repeal and substitute sections 6B (Limitation on certain individual telehealth items) and 6C (Limitation on certain group telehealth items) to:

  • remove the limitation requiring a face-to-face consultation (personal individual service) to occur within the first four services, and
  • increase the number of services which may be delivered by telehealth from seven to 10.

 

The Amendment Determination also makes minor consequential amendments to the Principal Determination due to the commencement of the Health Insurance (Section 3C General Medical Services – Other Medical Practitioner) Determination 2018 on 1 July 2018.

 

Details of the Amendment Determination are set out in the Attachment.

 

The Act specifies no conditions which need to be met before the power to make the Amendment Determination may be exercised.

 

This Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

This Amendment Determination commences on 1 September 2018.

 

Consultation

Consultation has been regularly maintained since the announcement by Government to introduce video conferencing to Better Access services in November 2017.  This consultation has assisted in these amendments to commence on 1 September 2018.  Consultation has been undertaken with key stakeholders and has included Primary Health Networks, professional associations, rural and digital services and consumer groups.

ATTACHMENT

Details of the Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018

 

Section 1 – Name

 

Section 1 provides that the name of the Determination is the Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 (the Amendment Determination).

 

Section 2 Commencement

 

Section 2 provides that the Amendment Determination commences on 1 September 2018.

 

Section 3 Authority

 

Section 3 provides that the Amendment Determination is made under section 3C of the Health Insurance Act 1973.

 

Section 4 – Schedules

 

Section 4 provides that the Schedule to the Amendment Determination repeals and substitutes each instrument specified in the Schedule.  The Schedule specifies the Health Insurance (Allied Health Services) Determination 2014 (the Principal Determination).

 

Schedule 1 Amendments

 

Item 1Subsection 6(4)

 

Item 1 repeals and substitutes subsection 6(4). The new subsection 6(4) adds items 283 to 287 to the definition ‘relevant service. This is a consequential amendment following the commencement of the Health Insurance (Section 3C General Medical Services – Other Medical Practitioner) Determination 2018 which introduced items 283 to 287 for non-specialist medical practitioners providing focussed psychological strategies for assessed mental disorders from 1 July 2018. This amendment ensures that services provided by medical practitioners under that Determination are treated as ‘relevant services’ for the purposes of the Principal Determination in the same manner as focussed psychological strategies provided by general practitioners.

 

Item 2Section 6B

 

Item 2 repeals and substitutes section 6B. The new section 6B increases the maximum number of individual telehealth item services to be undertaken in a calendar year to 10 and removes the need for a facetoface consultation within those 10 services.

 

 

Item 3Section 6C

 

Item 3 repeals and substitutes section 6C. The new section 6C increases the maximum number of group telehealth items to be undertaken in a calendar year to 10 and removes the need for a facetoface consultation within those 10 services.

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018

 

This Instrument is compatible with the human rights and freedoms recognised

or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The Determination amends the Health Insurance (Allied Health Services) Determination 2014 to implement changes to the Better Access psychological telehealth items.  These changes will modify the existing 12 Medicare Benefits Schedule items to allow allied health professionals to provide Medicare-eligible services via video conference for up to 10 services, rather than the former maximum of seven, and with no requirement to undergo a face-to-face consultation.

 

A telehealth service is a service delivered via video conference where both a visual and audio link has been established between provider and patient.  The patient must be located in an area within Modified Monash Model regions four to seven and, at the time of consultation, be at least 15 kilometres by road from the treating psychologist, occupational therapist or social worker.

 

Human rights implications

The Determination engages Articles 9 and 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the right to social security, including social insurance, and the right to the enjoyment of the highest attainable standard of physical and mental health.

 

Analysis

The Determination is compatible with human rights because it increases access to mental health services by people who may have been unable to access these services because of where they live.

 

Conclusion

The Determination ensures that subsidised psychological therapy and focussed psychological strategies services are available for people living in regional and remote Australia. 

As such, the Determination is compatible with human rights because it expands existing arrangements and promotes the right to social security and the right to health.

 

Michael Ryan

Acting Assistant Secretary

MBS Policy and Specialist Services Branch

Health Financing Group

Medical Benefits Division

Overview

The Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 was enacted to amend the Health Insurance (Allied Health Services) Determination 2014, expanding the availability of psychological telehealth services under Medicare. This amendment responds to the need for greater accessibility to mental health services, particularly for individuals in regional and remote areas who may face difficulties in accessing in-person consultations. The determination was issued under the authority of the Minister for Health, pursuant to subsection 3C(1) of the Health Insurance Act 1973, which allows for the specification of health services not listed in the general medical services table. The policy objective of this amendment is to enhance mental health service delivery by increasing the number of telehealth services provided by allied health professionals from seven to ten per calendar year and removing the necessity for an initial face-to-face consultation. This legislative instrument aims to improve the availability and accessibility of mental health services, ensuring that individuals in remote areas can receive necessary psychological support without the requirement of travelling long distances. The Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 was designed to address the gap in mental health service accessibility for individuals in regional and remote areas by increasing the number of telehealth services allowed under Medicare and removing the requirement for an initial face-to-face consultation. This amendment to the Health Insurance (Allied Health Services) Determination 2014 was made under the authority of the Minister for Health, as stipulated in section 3C of the Health Insurance Act 1973. The policy objective is to improve mental health service delivery by expanding the use of telehealth, thereby promoting better access to psychological services for those who might otherwise be unable to access these services due to geographical barriers. The determination commenced on 1 September 2018 and has been crafted to ensure compatibility with human rights, particularly the right to social security and the right to the highest attainable standard of physical and mental health as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 amends the Health Insurance (Allied Health Services) Determination 2014 to enhance the provision of Medicare-eligible services through telehealth. This amendment applies to appropriately qualified allied health professionals, such as psychologists, occupational therapists, and social workers, who provide these services to patients in specified geographic locations, namely those in Modified Monash Model regions four to seven and at least 15 kilometres by road from the treating professional. The Amendment Determination increases the maximum number of services that can be delivered via telehealth from seven to ten, removes the requirement for a face-to-face consultation within these ten services, and is designed to improve access to mental health services for individuals in regional and remote areas. The Amendment Determination is a legislative instrument under the Legislation Act 2003 and commenced on 1 September 2018, with the objective of ensuring that subsidised psychological therapy and focused psychological strategies services are accessible to people living in regional and remote Australia, thereby promoting their right to social security and health. This Amendment Determination is made under the authority of subsection 3C(1) of the Health Insurance Act 1973, which allows the Minister to determine that certain health services not specified in the general medical services table can be treated as if they were specified, for the purposes of particular statutory provisions. There are no specific conditions stipulated in the Act that must be met before this power can be exercised. The Amendment Determination applies nationally and is compatible with human rights, as it increases access to mental health services for those who might otherwise be unable to access these services due to their geographic location. This compatibility is evidenced by its engagement with Articles 9 and 12 of the International Covenant on Economic, Social and Cultural Rights, relating to the right to social security and the right to the highest attainable standard of physical and mental health.

Key Provisions

The main operative sections of the Health Insurance (Allied Health Services) Amendment (Psychological Telehealth Services) Determination 2018 (the Amendment Determination) focus on modifying the Health Insurance (Allied Health Services) Determination 2014 (the Principal Determination). Specifically, Section 4 of the Amendment Determination repeals and substitutes sections 6B and 6C of the Principal Determination, as outlined in Items 2 and 3 of the Schedule. This amendment increases the maximum number of individual and group telehealth services that can be provided by allied health professionals from seven to ten per calendar year and removes the requirement for a face-to-face consultation within these ten services. The Amendment Determination imposes several obligations on allied health professionals, particularly psychologists, occupational therapists, and social workers. These professionals are now permitted to deliver up to ten Medicare-eligible services via video conference without needing a face-to-face consultation, provided the patient is located in a Modified Monash Model region four to seven and at least 15 kilometres away from the treating professional. Additionally, Item 1 of the Schedule makes a consequential amendment to ensure that services provided by medical practitioners under the Health Insurance (Section 3C General Medical Services – Other Medical Practitioner) Determination 2018 are treated as 'relevant services' for the purposes of the Principal Determination. Breach of the provisions outlined in the Amendment Determination does not explicitly outline specific offences, penalties, or consequences. However, the Health Insurance Act 1973 (the Act) and related regulations may impose penalties for non-compliance with Medicare provisions. Typically, breaches of Medicare regulations can result in civil or criminal penalties, including fines and potential imprisonment, depending on the severity and intent of the breach. The specific penalties would be determined according to the applicable sections of the Act and other relevant legislation.

Legal classification tags

Area of Law
Health 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.