Explanatory Statement
Issued by the Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No.1)
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 pathology services table (the Table) shall, in specified circumstance and for specified statutory provisions, be treated as if it were so listed. This Table is set out in the Health Insurance (Pathology Services Table) Regulations 2008.
A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This Determination amends the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06 (the Principal Determination). The Principal Determination enables Medicare benefits to be payable for two types of point of care pathology diagnostic tests for the monitoring of diabetes in Aboriginal and Torres Strait Islander primary health care sites.
To ensure quality of testing, the Principal Determination includes a requirement that practitioner performing the test, or the organisation for which the practitioner works, must participate in an external quality assurance program (the Quality Assurance in Aboriginal and Torres Strait Islander Medical Services Program (the QAAMS Program)).
The QAAMS program is funded by the Australian Government Department of Health and Ageing. The aim of the program is to provide education, training, quality assurance, quality control, and ongoing support services for point of care testing in Aboriginal Community Controlled Health Services and Aboriginal Medical Services.
This Determination amends the Principal Determination to change the cessation date from the end of 30 June 2009 to the end of 30 June 2013 to reflect the extension of the funding arrangements for the QAAMS Program.
Details of this Determination are set out in the Attachment.
This Determination commences on 30 June 2009.
Consultation
Section 18 of the Legislative Instruments Act 2003 specifically provides for circumstances where consultation may not be necessary or appropriate. One of these circumstances is where the instrument is considered minor or machinery in nature, and does not substantially alter existing arrangements.
This Determination merely extends the existing arrangements for a further four year period. This change is considered to be minor and machinery in nature and does not substantially alter the existing arrangements. As such, no consultation was undertaken in the development of this Determination.
Attachment
Details of the health insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) AMENDMENT determination 2009 (No.1)
Section 1 Name of Determination
Section 1 provides for the Determination to be referred to as the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No.1).
Section 2 Commencement
Section 2 provides for the Determination to commence on 30 June 2009.
Section 3 Amendment of the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06
Section 3 provides that Schedule 1 to the Determination amends the Health Insurance (Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06.
Schedule 1
Item 1 amends section 3 of the Health Insurance (Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06 by extending the cessation date from the end of 30 June 2009 to the end of 30 June 2013.