Health Insurance Determination HS/6/01

Administered by Department of Health, Disability and Ageing

Legislation au F2007B00650 Not in force Legislative Instrument

Legislation content

Health Insurance Determination HS/6/01

as amended

made under section 3C of the

Health Insurance Act 1973

This compilation was prepared on 14 November 2008
taking into account amendments up to Health Insurance Determination HS/6/01 (Amendment) HS/06/05

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1]

 2 Interpretation 

 3 Commencement [see Note 1]

 4 Revocation of Health Insurance Determination HS/2/01 

 5 Circumstances where this Determination applies 

 6 Treatment of certain positron emission tomography services 

 8 Certain positron emission tomography services — items and specifications etc             

Schedule  

Notes   

 

 

 

1 Citation [see Note 1]

  This determination is the Health Insurance Determination HS/6/01.

2 Interpretation

 (1) In this determination

Act means the Health Insurance Act 1973.

FDG means 18Ffluorodeoxyglucose.

PET means positron emission tomography.

relevant service means a health service, as defined in subsection 3C (8) of the Act, that is specified in the Schedule.

 (2) Unless the contrary intention appears, in this determination a reference to a provision of the Act or regulations made under the Act as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

Note   Unless the contrary intention appears, expressions used in this determination have the same meanings as in the Act — see section 13 of the Legislative Instruments Act 2003.

3 Commencement [see Note 1]

  This determination commences on gazettal.

4 Revocation of Health Insurance Determination HS/2/01

  Health Insurance Determination HS/2/01 is revoked.

5 Circumstances where this Determination applies

  This Determination applies to a relevant service in the following circumstances:

 (a) where there is in force a written agreement between the owner or operator of a positron emission tomography facility and the Commonwealth that relates to the rendering of the service by means of the facility; and

 (b) where the service is rendered pursuant to a written request made by a specialist or a consultant physician (not being the practitioner who renders the service) who determined that the service was necessary and whose patient the person was.

Note   The circumstance in paragraph (b) mirrors the requirement in paragraph 16B (1) (b) of the Act that for a medicare benefit to be payable in respect of an R-type diagnostic imaging service, the service must be rendered pursuant to a written request, but limits which practitioners may request a relevant service.

6 Treatment of certain positron emission tomography services

  A relevant service shall be treated as if:

 (a) it were both a professional service and a medical service for the purposes of the provisions of the Act and of regulations made under the Act, that make provision in respect of professional services or medical services; and

 (b) it were both a professional service and a medical service for the purposes of the provisions of the National Health Act 1953, and of regulations made under the National Health Act 1953, that make provision in respect of professional services or medical services; and

 (c) there were an item of an R-type diagnostic imaging service in the diagnostic imaging services table that:

 (i) related to the relevant service; and

 (ii) specified in respect of the service a fee in relation to a State, being the fee specified in the Schedule in relation to the State specified.

8 Certain positron emission tomography services — items and specifications etc

 (1) Each of the following provisions:

 (a) subrule 3 (1) of Part 2 of Schedule 1 of the Health Insurance (Diagnostic Imaging Services Table) Regulations 2004 or the regulations that replace them;

 (b) any regulation made under the Act that identifies an item in the diagnostic imaging services table as an Rtype diagnostic imaging service;

 (c) regulation 13 of the Health Insurance Regulations 1975, so far it relates to professional services generally or diagnostic imaging services specifically;

  shall have effect as if a relevant service, and the items that, by virtue of paragraph 6 (c), relate to a relevant service, were also specified in the provision.

Schedule    

 

 

Item

Health Service (PET service)

Fee ($)
(for each State)

61535

FDG PET study of the brain performed for the evaluation of a suspected primary brain tumour to guide surgical biopsy of the lesion and to assist in treatment planning. (R)

$901.00

61538

FDG PET study of the brain performed for the evaluation of a residual structural brain lesion based on anatomical imaging findings, after definitive therapy for glioma. (R)

$901.00

61541

Whole body FDG PET study, performed in a symptomatic patient for the evaluation of a residual structural lesion, after definitive therapy for colorectal carcinoma. (R)

$953.00

61544

Whole body FDG PET study, performed in a symptomatic patient for the evaluation of a residual structural lesion, after definitive therapy for colorectal carcinoma, with catheterisation of the bladder. (R)

$975.00

61547

Whole body FDG PET study, performed for the evaluation of apparently isolated liver or pulmonary metastases following previous therapy for colorectal carcinoma, where surgical resection is planned. (R)

$953.00

61550

Whole body FDG PET study, performed for the evaluation of apparently isolated liver or pulmonary metastases following previous therapy for colorectal carcinoma, where surgical resection is planned, with catheterisation of the bladder. (R)

$975.00

61553

Whole body FDG PET study, performed for the evaluation of apparently limited metastatic disease from malignant melanoma, where surgical resection is planned. (R)

$999.00

61556

Whole body FDG PET study, performed for the evaluation of apparently limited metastatic disease from malignant melanoma, where surgical resection is planned, with catheterisation of the bladder. (R)

$1,021.00

61562

FDG PET study of the heart, performed for the evaluation of ischaemic heart disease and impaired left ventricular function, where revascularisation surgery is being considered and standard myocardial viability tests are negative or equivocal for ischaemia. (R)

$899.00

61565

Whole body FDG PET study, performed for the evaluation of epithelial ovarian carcinoma with suspected tumour recurrence following initial therapy, based on equivocal anatomical imaging findings or an elevation of CA125. (R)

$953.00

61568

Whole body FDG PET study, performed for the evaluation of epithelial ovarian carcinoma with suspected tumour recurrence following initial therapy, based on equivocal anatomical imaging findings or an elevation of CA125, with catheterisation of the bladder. (R)

$975.00

61571

Whole body FDG PET study, performed for the primary staging of proven carcinoma of the uterine cervix, prior to planned radical radiation therapy or combined modality therapy. (R)

$953.00

61574

Whole body FDG PET study, performed for the primary staging of proven carcinoma of the uterine cervix, prior to planned radical radiation therapy or combined modality therapy, with catheterisation of the bladder. (R)

$975.00

61577

Whole body FDG PET study, performed for the staging of proven oesophageal carcinoma, where curative surgery or chemoradiation is planned. (R)

$953.00

61580

Whole body FDG PET study, performed for the staging of proven oesophageal carcinoma, where curative surgery or chemoradiation is planned, with catheterisation of the bladder. (R)

$975.00

61583

Whole body FDG PET study, performed for the staging of proven gastric carcinoma, where curative surgery is planned. (R)

$953.00

61586

Whole body FDG PET study, performed for the staging of proven gastric carcinoma, where curative surgery is planned, with catheterisation of the bladder. (R)

$975.00

61589

FDG PET study for followup of a cancer shown to be positive by an earlier FDG PET service (the earlier service), if (a) the earlier service was eligible for Medicare benefit because of Health Insurance Determination HS/3/1997, (b) the service is not eligible for Medicare benefit otherwise than because of Health Insurance Determination HS/02/2001, and (c) the service is required to assess response to treatment or possible tumour recurrence (R)

$953.00

61592

FDG PET study, with catheterisation of the bladder, for followup of a cancer shown to be positive by an earlier FDG PET service (the earlier service), if (a) the earlier service was eligible for Medicare benefit because of Health Insurance Determination HS/3/1997, (b) the service is not eligible for Medicare benefit otherwise than because of Health Insurance Determination HS/02/2001, and (c) the service is required to assess response to treatment or possible tumour recurrence (R)

$975.00

61595

FDG PET study for the primary staging of carcinoma of the head and neck. (R)

$918.00

61598

Whole body FDG PET study for the primary staging of carcinoma of the head and neck. (R)

$953.00

61601

FDG PET study for the further investigation of suspected residual or recurrent carcinoma of the head and neck. (R)

$918.00

61604

Whole body FDG PET study for the further investigation of suspected residual or recurrent carcinoma of the head and neck. (R)

$953.00

61607

FDG PET study for the evaluation of metastatic squamous cell carcinoma involving cervical nodes from an unknown primary site. (R)

$918.00

61610

Whole body FDG PET study for the evaluation of metastatic squamous cell carcinoma involving cervical nodes from an unknown primary site. (R)

$953.00

61613

Whole body FDG PET study for the evaluation of metastatic squamous cell carcinoma involving cervical nodes from an unknown primary site, with catheterisation of the bladder. (R)

$975.00

61616

Whole body FDG PET study for staging of newly diagnosed or previously untreated Hodgkin’s or nonHodgkin’s lymphoma. (R)

$953.00

61619

Whole body FDG PET study for staging of newly diagnosed or previously untreated Hodgkin’s or nonHodgkin’s lymphoma, with catheterisation of the bladder. (R)

$975.00

61622

Whole body FDG PET study for evaluation of a residual mass after treatment of Hodgkin’s or nonHodgkin’s lymphoma. (R)

$953.00

61625

Whole body FDG PET study for evaluation of a residual mass after treatment of Hodgkin’s or nonHodgkin’s lymphoma, with catheterisation of the bladder. (R)

$975.00

61628

Whole body FDG PET study for restaging of suspected recurrent or residual Hodgkin’s or nonHodgkin’s lymphoma. (R)

$953.00

61631

Whole body FDG PET study for restaging of suspected recurrent or residual Hodgkin’s or nonHodgkin’s lymphoma, with catheterisation of the bladder. (R)

$975.00

61634

Whole body FDG PET study to guide biopsy of a suspected bone or soft tissue sarcoma, where structural imaging suggests lesional heterogeneity. (R)

$999.00

61637

Whole body FDG PET study to guide biopsy of a suspected bone or soft tissue sarcoma, where structural imaging suggests lesional heterogeneity, with catheterisation of the bladder. (R)

$1,021.00

61640

Whole body FDG PET study for staging of biopsyproven bone or soft tissue sarcoma being considered for resection of the primary or limited metastatic disease. (R)

$999.00

61643

Whole body FDG PET study for staging of biopsyproven bone or soft tissue sarcoma being considered for resection of the primary or limited metastatic disease, with catheterisation of the bladder. (R)

$1,021.00

61646

Whole body FDG PET study for the evaluation of suspected residual or recurrent sarcoma on structural imaging after definitive therapy. (R)

$999.00

61649

Whole body FDG PET study for the evaluation of suspected residual or recurrent sarcoma on structural imaging after definitive therapy, with catheterisation of the bladder. (R)

$1,021.00

 

Notes to the Health Insurance Determination HS/6/01

Note 1

The Health Insurance Determination HS/6/01 (in force under section 3C of the Health Insurance Act 1973) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Health Insurance Determination HS/6/01

31 Jan 2002 (see Gazette 2002,
No. S28)

31 Jan 2002

 

Health Insurance Determination HS/6/01 (Amendment) HS/06/05

22 Dec 2005 (see F2005L04089)

23 Dec 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Note to s. 2............

rs. Am. HS/06/05

S. 5.................

am. Am. HS/06/05

S. 6.................

am. Am. HS/06/05

S. 7.................

rep. Am. HS/06/05

S. 8.................

am. Am. HS/06/05

Schedule

 

Schedule.............

am. Am. HS/06/05

 

Overview

The Health Insurance Determination HS/6/01, made under section 3C of the Health Insurance Act 1973, was enacted to address the need for defining the circumstances under which certain positron emission tomography (PET) services are eligible for Medicare benefits. This legislative instrument was introduced to ensure that specific PET services are recognised as both professional and medical services, and to outline the fees associated with these services. The enactment body responsible for this determination is the Commonwealth of Australia, as evidenced by the agreement between the facility owner or operator and the Commonwealth. The policy objective is to standardise the treatment of certain PET services under the Health Insurance Act 1973 and the National Health Act 1953, facilitating their inclusion in the diagnostic imaging services table and ensuring appropriate reimbursement. This determination, which commenced on 31 January 2002, was subsequently amended by the Health Insurance Determination HS/6/01 (Amendment) HS/06/05, which came into effect on 23 December 2005.

Scope and Application

The Health Insurance Determination HS/6/01, as amended, made under section 3C of the Health Insurance Act 1973, applies to certain positron emission tomography (PET) services provided under specific conditions. This determination applies to relevant services rendered in accordance with a written agreement between the owner or operator of a PET facility and the Commonwealth, and where the service is requested by a specialist or consultant physician for a patient. These relevant services are treated as both professional and medical services for the purposes of the Health Insurance Act 1973 and the National Health Act 1953. The services and associated fees are detailed in the Schedule, which specifies various PET studies for different medical evaluations and treatments. This Determination, which commenced on gazettal, revokes the previous Health Insurance Determination HS/2/01. It is a legislative instrument registered under the Legislative Instruments Act 2003, and its application can be extended or modified through subordinate instruments as necessary.

Key Provisions

The Health Insurance Determination HS/6/01, as amended, outlines specific provisions for certain positron emission tomography (PET) services under the Health Insurance Act 1973. The primary sections include the circumstances under which the Determination applies (Section 5) and the treatment of certain PET services (Section 6). These sections mandate that relevant services, which are defined as specified health services, must be rendered under certain conditions, such as when there is a written agreement between the facility owner or operator and the Commonwealth, and when the service is requested by a specialist or consultant physician. Section 6 specifies that relevant services are treated as both professional and medical services for the purposes of the Act and the National Health Act 1953. The Act imposes obligations on parties involved, requiring compliance with the conditions set forth in Section 5. Facilities must adhere to the terms of the written agreements with the Commonwealth, and the services must be requested by authorised medical practitioners. Additionally, these services are to be considered as specified items in the diagnostic imaging services table, with fees as outlined in the Schedule. This ensures that the services are recognised and reimbursed appropriately under the Health Insurance Act. Breach of the provisions in this Determination may lead to civil or criminal consequences, although specific penalties are not detailed within the text. However, general penalties under the Health Insurance Act could include fines or other civil penalties for non-compliance, and criminal penalties for intentional or fraudulent breaches. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act that are contravened. It is important for practitioners and entities to ensure full compliance to avoid these potential consequences.

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