EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Bone Densitometry) Determination HS/02/2006
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 2006 which are remade each year.
A determination made under subsection 3C(1) is a legislative instrument (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003).
- Health Insurance Determination HS/4/1999
On 7 September 1999, the then Minister for Health and Aged Care made Health Insurance Determination HS/4/1999 (the Current Determination) under subsection 3C(1) of the Act, which permits the payment of Medicare benefit in relation to specified bone densitometry services.
Subsection 4(1) of the Current Determination provides that a bone densitometry service specified in the Schedule to the Current Determination shall be treated as if it were a professional service and a medical service for the purposes of the following specific provisions:
(a) Schedule 1 to the National Health Act 1953;
(b) Subsections 3(1) and 19(6) and sections 8, 9, 10, 14, 17, 18, 20, 20A, 20B and 20BA of the Act; and
(c) Regulations 13, 27, 28, 29, 30 and 31 of the Health Insurance Regulations 1975.
Subsection 4(2) of the Current Determination provides that a bone densitometry service specified in the Schedule to the Current Determination is to be treated as if it were related to an item in the Table that specifies the fee mentioned in the Schedule to the Current Determination for that service.
Subsequent amendments have been made to the Current Determination to increase the fees in respect of the bone densitometry services specified in the Schedule to the Current Determination to be in line with general fee increases that were being applied to services in the Table (see Health Insurance (Amendment) Determination HS/08/2002, Health Insurance (Amendment) Determination HS/06/2003, Health Insurance (Amendment) Determination HS/10/2004 and Health Insurance (Amendment) Determination HS/04/2005).
- Health Insurance (Bone Densitometry) Determination HS/02/2006
Health Insurance (Bone Densitometry) Determination HS/02/2006 (the Determination) remakes the Current Determination, as amended.
The Determination revises the wording of various provisions of the Current Determination to reflect updated drafting practice.
In addition, the Determination provides for an increase of 2.1 percent in the fees in respect of the services covered by the Determination compared to the fees in respect of the same services in the Current Determination, as amended. This fee increase is in line with the general fee increase that is being applied to most services in the Table from 1 November 2006.
Details of the Determination are set out in the Attachment.
Consultation
No consultation was undertaken in the making of the Determination as the instrument is machinery in nature and does not substantially alter existing arrangements.
ATTACHMENT
Notes on sections
Section 1
Section 1 provides for the name of the Determination.
Section 2
Section 2 provides that the Determination commences on 1 November 2006.
Section 3
Section 3 provides that the Determination revokes Health Insurance Determination HS/4/1999.
Section 4
Subsection 4(1) defines terms used in the Determination.
A key term is 'relevant service' which means a service defined in paragraph 3C(8) of the Act that is specified in the Schedule to the Determination. There are six 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
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 general medical services 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
The Schedule sets out the relevant services and assigns to each service the applicable item number, item descriptor and fee.