EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Bone Densitometry) Determination 2010
Issued by the Authority of the Minister for Health and Ageing
Background
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 are remade each year.
A determination made under subsection 3C(1) of the Act is a legislative instrument (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003).
The Health Insurance (Bone Densitometry) Determination 2010 (‘the Determination’) will revoke and replace the Health Insurance (Bone Densitometry) Determination 2009 (‘the 2009 Determination’).
Health Insurance (Bone Densitometry) Determination 2010
The services specified in the Schedule to the Determination concern the provision of bone mineral density tests to patients who already have proven low bone mineral density or who are considered to be at high risk because they have had a fracture after minimal trauma, suffer from a condition that is associated with low bone mineral density such as chronic liver disease, or are on a course of treatment that may cause low bone mineral density.
The Determination replaces the 2009 Determination. The purpose of the Determination is to replace the fees with new fees, due to annual indexation and make a minor amendment to the drafting of item descriptors to ensure consistency with the Health Insurance (General Medical Services Table) Regulations. These changes will apply from 1 November 2010.
Details of the Determination are set out in the Attachment.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Commencement
The Determination will commence on 1 November 2010.
Consultation
No consultation was undertaken in the making of the Determination as the changes to the Schedule are minor machinery in nature and do not substantially alter existing arrangements.
ATTACHMENT
Notes on sections
Section 1 Name of Determination
Section 1 provides for the name of the Determination.
Section 2 Commencement
Section 2 provides that the Determination commences on 1 November 2010.
Section 3 Revocation
Section 3 provides that the Determination revokes the Health Insurance (Bone Densitometry) Determination 2009.
Section 4 Interpretation
Subsection 4(1) defines terms used in the Determination.
A key term is 'relevant service' which means a health service as defined in paragraph 3C(8) of the Act that is specified in the Schedule to the Determination. There are seven such relevant services in the Schedule.
Subsection 4(2) provides that a reference to a provision of an Act or regulations, including the Act, the National Health Act 1953 and the regulations made under these Acts, is a reference to the provision as in force from time to time (as authorised by subsection 3C(3) of the Act).
Section 5 Treatment of a relevant service
Paragraph 5(a) provides that a relevant service specified in the Schedule to the Determination shall be treated as if it were both a professional service and a medical service for the purposes of the provisions of the Act, the National Health Act 1953 and regulations made under each Act that make provision for medical services or professional services.
Paragraph 5(b) provides that a relevant service specified in the Schedule to the Determination is to be treated as if there were an item in the Table that related to the service and specified a fee in respect of that service, being the fee specified in the Schedule to the Determination in relation to the service.
Schedule Specified health services
The Schedule sets out the relevant services and assigns to each relevant service the applicable item number, item descriptor and fee. A minor amendment has been made to item descriptors for the relevant services to provide that a specialist or consultant physician rendering the service must be acting in the practice of his or her specialty. This is for the avoidance of doubt and to make drafting in the Determination consistent with that in the Health Insurance (General Medical Services Table) Regulations.