Health Insurance Amendment Regulations 2004 (No. 8) 2004 No. 306
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO. 306
Issued by Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance Amendment Regulations 2004 (No. 8)
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 the payment of Medicare benefits in respect of certain professional services rendered by dental practitioners. 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 prescribed tables.
Section 4AA of the Act provides that regulations may prescribe a table of diagnostic imaging services, including items of R-type diagnostic imaging services. Subsection 16B(2) of the Act provides that regulations may prescribe certain R-type diagnostic imaging services that may be requested by a dental practitioner.
Regulation 10 of the Health Insurance Regulations 1975 (the Principal Regulations) specifies the R-type diagnostic imaging services that may be requested by dental practitioners who are registered or licensed under relevant State or Territory laws. These services are identified by reference to items contained in the Health Insurance (Diagnostic Imaging Services Table) Regulations 2003 (the DIST Regulations).
Magnetic resonance imaging (MRI) services specified in Schedule 1, Part 3, of the DIST Regulations were amended by the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2004 (No. 4), which came into effect on 1 August 2004. The MRI services were amended by collapsing three separate items, for "the exclusion of", "the further investigation of" and "the monitoring of" a specified condition, into a single item. Consequently, all MRI items were renumbered, although the description of the service remained unchanged. Due to an administrative oversight, MRI items specified in Regulation 10 of the Principal Regulations were not amended. However, the Health Insurance Commission has continued to pay Medicare rebates for MRI services requested by dental practitioners specified in paragraphs 10(1) (a), (b), (c) and (d) of the Principal Regulations.
The purpose of the Regulations is to amend the list of MRI items which may be requested by registered or licensed dental practitioners, specified in Regulation 10 of the Principal Regulations, to reflect the MRI items specified in the DIST Regulations as in force on 1 August 2004.
Details of the Regulations are provided in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations commence on 1 November 2004.
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 8)
Regulation 1 provides for the Regulations to be referred to as the Health Insurance Amendment Regulations 2004 (No. 8).
Regulation 2 provides for the Regulations to commence on 1 November 2004.
Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975 (the Principal Regulations).
Schedule 1 - Amendments
The following amendments reflect changes in the numbering of items in the diagnostic imaging services table.
Item [1]
This item amends Paragraph 10(1)(a) of the Principal Regulations by omitting items 63003, 63103, 63273, 63621, 63671 and 63712, and inserting items 63007 and 63334.
Item [2]
This item amends Paragraph 10(1)(b) of the Principal Regulations by omitting items 63621, 63671 and 63712, and inserting item 63334. This item also omits and reinserts item 61462 to improve drafting clarity.
Item [3]
This item amends Paragraph 10(1)(c) of the Principal Regulations by omitting items 63621, 63671 and 63712, and inserting item 63334. This item also omits and reinserts item 61457 to improve drafting clarity.
Item [4]
This item amends Paragraph 10(1)(d) of the Principal Regulations by omitting items 63003, 63103, 63273, 63621, 63671 and 63712, and inserting items 63007 and 63334.