Health Insurance (Allied Health Services) Determination 2008

Administered by Department of Health, Disability and Ageing

Legislation au F2008L04254 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the Authority of the Minister for Health and Ageing

 

Health Insurance Act 1973

 

Health Insurance (Allied Health Services) Determination 2008

 

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 circumstance and for specified statutory provisions, be treated as if it were so listed.  This Table is set out in the Health Insurance (General Medical Services Table) Regulations 2007.

 

A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Subsection 3C(8) of the Act provides that the health services that may be subject to a determination made under subsection 3C(1) of the Act include dental services and any other prescribed service that relates to health.  Regulation 3A of the Health Insurance Regulations 1975 prescribes 16 classes of allied health services as “health services” for the purposes of section 3C of the Act.

 

This Determination revokes the Health Insurance (Allied Health Services) Determination 2007 and re-makes it as the Health Insurance (Allied Health Services) Determination 2008 (the Determination).

 

This Determination makes the following changes to the Health Insurance (Allied Health Services) Determination 2007:

  • identifies that Medicare benefits can be paid, from 1 November 2008, for new  follow-up allied health services for people of Aboriginal and Torres Strait Islander descent;
  • indexes the fees for all of the existing allied health services in the Determination.

 

This Determination continues to set out the Medicare items and associated eligibility rules for the provision of allied health services, consistent with the previous Health Insurance (Allied Health Services) Determination 2007.

 

Details of this Determination are set out in the Attachment.

 

This Determination commences on 1 November 2008.

 

 

 

 

 

 

 

 

Consultation

 

The relevant professional groups representing allied health providers and general practitioners (Australian Medical Association, Australian General Practice Network, Royal Australian College of General Practitioners, Rural Doctors Association of Australia) are aware of and support the arrangements for the new follow-up allied health items for people of Aboriginal and Torres Strait Islander descent.

 

The Department has also advised the relevant professional groups and practitioners about the indexation of fees from 1 November 2008.

Attachment

 

Details of the health insurance (allied health SERVICES) determination 2008

 

This Explanatory Statement sets out the amendments made by revoking the Health Insurance (Allied Health Services) Determination 2007 and remaking it as the Health Insurance (Allied Health Services) Determination 2008.

 

Preliminary

 

Section 1 provides for the Determination to be referred to as the Health Insurance (Allied Health Services) Determination 2008.

 

Section 2 provides for the Determination to commence on 1 November 2008.

 

Section 3 revokes the previous Health Insurance (Allied Health Services)

Determination 2007.

 

Section 4 defines specific terms used in this Determination. 

 

Section 5 confirms that the Medicare items set out in Schedule 2 of the Determination are to be treated for the purposes of the relevant acts and regulations as if they were both professional services and medical services, and as if they were items in the general medical services table.

 

Section 6 sets out limitations on certain items in Part 2 of Schedule 2.

 

Sections 7 and 8 set out the referral arrangements that apply to certain items in Part 2 of Schedule 2.

 

Section 9 indicates that Medicare benefits are payable for items in Schedule 2 only if a private health insurance benefit has not been claimed for the service.

 

Schedule 1

 

This Schedule sets out the qualification requirements for allied health professionals providing services under the Medicare items in Schedule 2.

 

 

 

 

 

 

 

 

 

 

 

 

Schedule 2

 

This Schedule sets out the relevant Medicare items (including the item numbers, service descriptors and fees) for services provided by eligible allied health professionals.

 

         Part 1 applies to individual allied health services (items 10950 to 10970).

         Part 2 applies to psychological therapy and focussed psychological strategies services (items 80000 to 80170).

         Part 3 applies to pregnancy support counselling services (items 81000 to 81010).

         Part 4 applies to group allied health services for patients with type 2 diabetes

(items 81100 to 81125).

         Part 5 applies to allied health services for children with autism or any other Pervasive Developmental Disorder (items 82000 to 82025)

         Part 6 applies to follow-up allied health services for people of Aboriginal and Torres Strait Islander descent (items 81300 to 81360)

 

Fees for all items in Parts 1, 2, 3, 4 and 5 of Schedule 2 have been indexed from 1 November 2008.

Overview

The Health Insurance (Allied Health Services) Determination 2008, enacted by the Minister for Health and Ageing under the authority of the Health Insurance Act 1973, was introduced to address the need for updated Medicare benefits for allied health services. This legislation aims to ensure that allied health services, including those provided to Aboriginal and Torres Strait Islander peoples, are adequately funded and accessible under the Medicare system. By revoking and remaking the Health Insurance (Allied Health Services) Determination 2007, the 2008 Determination provides clarity and updated fee structures, effective from 1 November 2008, ensuring that allied health services remain aligned with the evolving healthcare needs of the Australian population. This legislative instrument reflects the policy objective of providing equitable and timely access to essential health services while maintaining the integrity of the Medicare framework.

Scope and Application

The Health Insurance (Allied Health Services) Determination 2008 applies to allied health services provided under the Health Insurance Act 1973, particularly for eligible allied health professionals delivering specific health services to Medicare beneficiaries. This Determination applies nationally across Australia and governs the provision of allied health services that are not explicitly listed in the general medical services table but are deemed necessary under specified circumstances. These services encompass a range of health support areas, including psychological therapy, diabetes care, and support for children with autism or pervasive developmental disorders. Notably, it also extends Medicare benefits for follow-up allied health services to individuals of Aboriginal and Torres Strait Islander descent from 1 November 2008. The fees for these services have been indexed from the same date. The Determination is a legislative instrument under the Legislative Instruments Act 2003 and revokes the previous Health Insurance (Allied Health Services) Determination 2007, re-making it with updated provisions. The eligibility rules, referral requirements, and the conditions under which Medicare benefits can be claimed are outlined in detail within the Schedules of this Determination.

Key Provisions

The Health Insurance (Allied Health Services) Determination 2008 (the Determination) outlines key provisions under the Health Insurance Act 1973, particularly focusing on the Medicare benefits for allied health services. Section 1 of the Determination names it as the Health Insurance (Allied Health Services) Determination 2008 and specifies its commencement date as 1 November 2008 (section 2). This Determination revokes the previous Health Insurance (Allied Health Services) Determination 2007 and re-makes it, reflecting updated provisions and fee structures (section 3). Section 4 provides definitions for specific terms used throughout the Determination, ensuring clarity and consistency in application. Section 5 confirms that the Medicare items listed in Schedule 2 are to be treated as professional and medical services, as if they were part of the general medical services table. The Determination imposes several obligations and requirements on allied health professionals and entities providing these services. Schedule 1 specifies the qualification requirements for allied health professionals, ensuring that only qualified professionals can provide services under the Determination. Schedule 2 details the Medicare items for various allied health services, including individual services, psychological therapy, pregnancy support counselling, group services for patients with type 2 diabetes, and services for children with autism or other pervasive developmental disorders. Notably, Section 6 imposes limitations on certain items in Part 2, while Sections 7 and 8 outline the necessary referral arrangements for specific services. Importantly, Section 9 stipulates that Medicare benefits are only payable if no private health insurance benefit has been claimed for the same service. Failure to comply with the requirements and provisions outlined in the Determination may result in civil or criminal consequences. While the specific penalties are not detailed within the text of the Determination, breaches of the Health Insurance Act 1973 and associated regulations could potentially lead to penalties under relevant legislation. Such penalties might include fines or other civil sanctions for non-compliance, and in more severe cases, criminal charges for fraudulent claims or misrepresentation. It is crucial for allied health professionals and entities to adhere to the Determination to avoid any legal repercussions.

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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.