EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Health Insurance Act 1973
Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014
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 diagnostic imaging 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 (Diagnostic Imaging Services Table) Regulation 2014 (the Regulation), which is re-made each year.
The Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014 revokes the Health Insurance (Cone Beam Computed Tomography) Determination 2011 as the two item numbers (56025 and 56026) contained in the 2011 Determination are outdated and no longer necessary due to two new cone beam computed tomography items (57362 and 57363) being incorporated into the Regulation to commence on 1 November 2014.
Consultation
Public consultation was undertaken as part of the Medical Services Advisory Committee process in regard to the listing of items 57362 and 57363.
Details of the Determination are set out in the Attachment.
The Act specifies no conditions which need to be met before the power to make the Determination may be exercised.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This Determination commences on 1 November 2014.
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE (CONE BEAM COMPUTED TOMOGRAPHY) REVOCATION DETERMINATION 2014
Section 1 Name of Determination
Section 1 provides that the name of the Determination is the Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014.
Section 2 Commencement
Section 2 provides that the Determination commences on 1 November 2014.
Section 3 Revocation
Section 3 provides that the Determination revokes the Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2011.
Overview
The Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014 is a legislative instrument introduced to address the need for updating the Health Insurance Act 1973. Enacted by the Minister for Health, this Determination was necessitated by the outdated nature of the previous Health Insurance (Cone Beam Computed Tomography) Determination 2011, specifically concerning item numbers 56025 and 56026. As part of the ongoing process to align with current medical practices, the two new cone beam computed tomography items (57362 and 57363) were incorporated into the Health Insurance (Diagnostic Imaging Services Table) Regulation 2014, effective from 1 November 2014. The policy objective was to ensure that the services listed under the Act are current and reflective of advancements in medical technology, thereby maintaining the effectiveness and relevance of the health insurance provisions.
Scope and Application
The Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014 applies to the Health Insurance Act 1973, specifically impacting the diagnostic imaging services listed in the diagnostic imaging services table within the Health Insurance (Diagnostic Imaging Services Table) Regulation 2014. This Determination targets the items previously covered by the Health Insurance (Cone Beam Computed Tomography) Determination 2011, which are being replaced by two new cone beam computed tomography items. It applies to the Commonwealth jurisdiction of Australia and directly affects entities such as health insurance providers and health service providers who offer cone beam computed tomography services. The revocation of the outdated 2011 Determination ensures that the 2014 items are recognised and covered under the Act. The Determination does not specify any exclusions or exemptions but effectively updates the relevant services to align with current medical practices and technological advancements. The Determination is a legislative instrument under the Legislative Instruments Act 2003, and it commenced on 1 November 2014.
Key Provisions
The Health Insurance (Cone Beam Computed Tomography) Revocation Determination 2014, as outlined in Section 1, is a legislative instrument that specifically revokes the previous Health Insurance (Cone Beam Computed Tomography) Determination 2011. This revocation is necessary due to the incorporation of two new cone beam computed tomography items (57362 and 57363) into the Health Insurance (Diagnostic Imaging Services Table) Regulation 2014, which came into effect on 1 November 2014. This is detailed in Section 3 of the Determination.
In accordance with Section 2, the Revocation Determination commences on 1 November 2014. This date marks the effective revocation of the 2011 Determination and the introduction of the new items in the Regulation. The determination is made under the authority provided by Subsection 3C(1) of the Health Insurance Act 1973, which allows the Minister to specify circumstances and statutory provisions under which a health service not listed in the diagnostic imaging services table may be treated as if it were listed.
The obligations imposed by this Determination primarily concern the updating and maintenance of the Health Insurance (Diagnostic Imaging Services Table) Regulation. The Revocation Determination ensures that outdated items are removed and replaced with current, relevant services. For parties governed by the Act, this means that from 1 November 2014, they must refer to the updated Regulation for the correct item numbers and services covered under health insurance.
Regarding potential consequences, the Act does not specify any offences, penalties, or civil or criminal consequences for breaching the Determination. However, non-compliance with the updated Regulation could result in issues with health insurance claims and reimbursements, as the outdated items would no longer be recognised under the Act. Therefore, it is crucial for all parties involved to adhere to the current Regulation and utilise the correct item numbers for billing and insurance purposes.