Health Insurance Commission Regulations (Amendment) 1995 No. 24
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 24
Issued by the Authority of the Minister for Human Services and Health
Health Insurance Commission Act 1973
Health Insurance Commission Regulations (Amendment)
The Health Insurance Commission Act 1973 (the Act) provides for the constitution of a Health Insurance Commission. (the Commission) and for purposes connected therewith.
Section SE of the Act provides for the Commission to have, in addition to its functions as specified by enactment, functions prescribed by regulations.
Section 44 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Regulation 3M of the Health Insurance Commission Regulations confers upon the Commission functions in relation to pathology laboratories and specimen collection centres. Section 23DNB of the Health Insurance Act 1973 provides for entitlements to licensed pathology specimen collection centres.
Part V of the Act deals with financial matters in regard to the Commission's functions. These matters include estimates of expenditure, apportionment of assets, bank accounts, and borrowing and investment.
Section 41B of the Act enables modifications of the provisions of Part V, by regulations, in respect of functions conferred upon the Commission under Part UB of the Act. These Part HB functions; include, by virtue of section 8E of the Act functions themselves conferred by regulation.
The proposed regulations are to reflect the present form of section 23DNB of the Health Insurance Act 1973 concerning the allocation of units of entitlement to operate licensed pathology specimen collection centres under that Act. They are also to clarify the modifications to Part V of the Act to properly reflect the making of Regulation 3P of the Health Insurance Commission Regulations.
Details of the regulations are set out in the Attachment.
The regulations commenced on gazettal.
ATTACHMENT
Commencement
The regulations commence operation on gazettal.
Regulation 1 - Amendment
Subregulation 1.1 provides for the amendment of the Health Insurance Commission Regulations (the Regulations) as set out below.
Regulation 2 - Regulation 3A1 (Additional Functions of the Commission in relation to pathology laboratories and specimen collection centres)
Subregulation 2.1 omits from regulation 3M of the regulations an obsolete reference to determination of maximum number of licensed collection centres (for collection of pathology specimens) and substitutes a reference to the allocation of units of entitlement to operate licensed collection centres. This reflects the form of section 23DNB of the Health Insurance Act 1973.
Regulation 3 - Regulation 4A (Modification of Part V of the Act)
Subregulation 3.1 operates to add, to the introductory words to regulation 4A of the Regulations, a reference to the regulation 3P function so that the introductory words contain a complete list of all of the Commission's functions currently conferred upon it under Part HB of the Act in relation to which financial provision needs to be made.
Subregulation 3.2 operates to add to the list of functions contained in inserted paragraph 32A(1)(c) of the Act the regulation 3P function. The effect of the addition is that this function is to be treated as "medicare" functions, for purposes of Part V of the Act other than section 32.
Overview
The Health Insurance Commission Regulations (Amendment) 1995 No. 24 was enacted to address issues arising from the Health Insurance Commission Act 1973, particularly those relating to the administrative and financial aspects of the Commission's functions. This regulation was authorised by the Minister for Human Services and Health and was issued under the authority of the Governor-General. Its policy objective was to ensure that the regulations accurately reflect the current legislative framework concerning the allocation of units of entitlement to operate licensed pathology specimen collection centres and to clarify financial provisions for functions conferred upon the Commission. The regulations aim to update the Health Insurance Commission Regulations to align with the current Health Insurance Act 1973 and ensure that the Commission's functions are properly administered and financially provisioned. The changes introduced by these regulations were designed to streamline the operations of the Commission and ensure compliance with the latest legislative requirements.
Scope and Application
The Health Insurance Commission Regulations (Amendment) 1995 No. 24EXPLANATORY STATEMENT Statutory Rules 1995 No. 24, issued by the Authority of the Minister for Human Services and Health, amends the Health Insurance Commission Regulations under the Health Insurance Commission Act 1973. This amendment applies to the Health Insurance Commission, an entity established by the Act, and its functions related to pathology laboratories and specimen collection centres, which are specified under section SE and regulated by section 44 of the Act. The regulations also modify financial provisions under Part V of the Act, including modifications to estimates of expenditure, apportionment of assets, bank accounts, and borrowing and investment. The amendment reflects the present form of section 23DNB of the Health Insurance Act 1973 concerning the allocation of units of entitlement to operate licensed pathology specimen collection centres and clarifies financial modifications concerning these functions. The regulations commenced upon gazettal and include specific amendments to the Health Insurance Commission Regulations as detailed in the Attachment.
Key Provisions
The Health Insurance Commission Regulations (Amendment) 1995 No. 24 introduces modifications to existing regulations under the Health Insurance Commission Act 1973. The principal changes focus on updating the Commission's functions concerning pathology laboratories and specimen collection centres, as well as adjustments to financial provisions. Regulation 3M, which pertains to the Commission's functions in relation to pathology laboratories and specimen collection centres, is amended to reflect the current form of section 23DNB of the Health Insurance Act 1973 concerning the allocation of units of entitlement to operate licensed pathology specimen collection centres. This ensures that the regulation aligns with the statutory provisions governing these activities.
The regulations impose specific obligations on the Health Insurance Commission, primarily concerning the administration and oversight of pathology laboratories and specimen collection centres. These obligations include the allocation of units of entitlement for operating licensed collection centres and ensuring that the functions specified under regulation 3P are appropriately managed and financed. Additionally, the regulations require that financial provisions under Part V of the Act are modified to encompass these functions, ensuring that all related financial matters, such as estimates of expenditure and bank accounts, are adequately addressed.
Failure to comply with the provisions of the Health Insurance Commission Act 1973 and the amended regulations may result in legal consequences. While the explanatory statement does not specify particular offences or penalties, breaches of statutory duties imposed by the Act could potentially lead to civil or administrative penalties. For example, non-compliance with financial provisions or the improper allocation of units of entitlement could result in corrective actions or financial sanctions. The precise penalties would depend on the nature and severity of the breach, as well as any relevant statutory or regulatory guidelines.