EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 293
Health Insurance Act 1973
Health Insurance Amendment Regulation 2012 (No. 3)
Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act provides, in part, for payments of Medicare benefits in respect of professional services rendered to eligible persons by medical practitioners who are not vocationally registered but are undertaking approved placements in specified workforce programs which will lead to vocational registration. Section 3GA of the Act refers to the approved programs and courses in which a non-vocationally registered medical practitioner can participate in order to be eligible to provide rebateable services. Sections 3GA, 3GC and 19AA are collectively known as Medicare Provider Number Legislation.
Vocational registration was introduced to improve professional standards and reward high quality practice. It also gives recognition to general practice as a discipline in its own right. Being vocationally registered requires GPs to have Fellowship and be registered on the Medicare Australia Vocational Register, and gives general practitioners access to special Medicare item numbers and higher Medicare rebates, which translates into higher income for GPs.
The approved programs and courses referred to in section 3GA are specified in Part 2 of Schedule 5 to the Health Insurance Regulations 1973 (the Principal Regulations).
The regulation updates the current references in Part 2 of Schedule 5 to the Principal Regulations, to correct inaccuracies and update business names of approved bodies which will result in an updated list of approved programs and names under section 3GA of the Act.
The Act specifies no conditions that need to be met before the power to make the regulation may be exercised.
The regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The regulation commences the day after it is registered.
Consultation
Legal Services Branch, Office of Best Practice Regulation and the Office of Parliamentary Counsel were consulted with regard to the drafting of the Instrument and with the Health Workforce Division Policy Branch in relation to the content. No additional consultation was required as the legislative amendment is administrative in nature with minimal impact on the Department or the community.
Authority: Subsection 133(1) of the
Health Insurance Act 1973
2
Overview
The Health Insurance Amendment Regulation 2012 (No. 3) was enacted to address inaccuracies and updates in the list of approved programs and names under section 3GA of the Health Insurance Act 1973. This regulation serves to correct these inaccuracies and reflect the updated business names of approved bodies involved in the approved programs and courses for non-vocationally registered medical practitioners seeking eligibility to provide rebateable services under Medicare. The regulation is authorised under subsection 133(1) of the Health Insurance Act 1973, which allows for the making of regulations necessary or convenient to carry out or give effect to the Act. The policy objective is to ensure that the list of approved programs and bodies is accurate and up-to-date, thereby maintaining the integrity of the Medicare system and supporting the vocational registration process for general practitioners. The regulation was drafted with input from relevant branches and policy divisions within the government, ensuring that it meets the administrative needs without imposing significant changes on the community or the Department.
Scope and Application
The Health Insurance Amendment Regulation 2012 (No. 3) amends the Health Insurance Regulations 1973 to update the list of approved programs and courses in which non-vocationally registered medical practitioners can participate to be eligible for providing rebateable services under the Health Insurance Act 1973. The Act applies to medical practitioners who are not vocationally registered but are undertaking approved placements in specified workforce programs, which will lead to vocational registration. These programs and courses are detailed in Part 2 of Schedule 5 to the Principal Regulations and their updates in this regulation ensure that the list of approved programs and names is current and accurate. The regulation has a national reach as it pertains to the Commonwealth’s administration of Medicare benefits through the Health Insurance Act 1973. There are no exclusions or thresholds specified in this regulation, which directly amends the Principal Regulations to reflect changes in approved bodies and business names. The regulation does not extend or restrict application beyond its scope of updating the list of approved programs and courses.
Key Provisions
The Health Insurance Amendment Regulation 2012 (No. 3) amends the Health Insurance Regulations 1973, primarily by updating the list of approved programs and institutions where non-vocationally registered medical practitioners can participate in order to be eligible to provide rebateable services (sections 3GA, 3GC and 19AA). These sections are part of the Medicare Provider Number Legislation, which regulates the provision of Medicare benefits to eligible persons through medical practitioners not yet vocationally registered. The regulation's objective is to correct inaccuracies and update the names of approved bodies, ensuring that the list in the Principal Regulations reflects current approved programs and institutions.
The Act imposes specific obligations on the parties involved, particularly on medical practitioners who are not yet vocationally registered but are undertaking approved placements. These practitioners must ensure they are participating in a program listed in the updated Schedule 5 of the Principal Regulations to be eligible for Medicare benefits. The Act also requires the Minister for Health to maintain and publish an updated list of approved programs and institutions, ensuring transparency and compliance with the legislative requirements.
Breaches of the provisions outlined in the Health Insurance Act 1973 and its regulations can lead to various civil and criminal consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is understood that unauthorised provision of Medicare benefits can result in financial penalties, legal action, and potential criminal charges. The severity of the penalties would depend on the nature and extent of the breach, but it is clear that maintaining compliance with the Act and its regulations is crucial for all parties involved.
In summary, the Health Insurance Amendment Regulation 2012 (No. 3) serves to update the list of approved programs and institutions where non-vocationally registered medical practitioners can participate, ensuring they remain eligible to provide rebateable services under the Health Insurance Act 1973. The regulation maintains the obligations on medical practitioners to participate in approved programs and mandates the Minister for Health to keep an updated and accurate list of such programs. Non-compliance with these provisions can lead to significant civil and criminal penalties.