Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No. 1)

Overview

The Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No. 1) amends the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06. This determination was enacted to address the need for an extended funding arrangement for the Quality Assurance in Aboriginal and Torres Strait Islander Medical Services Program (the QAAMS Program), which supports point of care testing in Aboriginal Community Controlled Health Services and Aboriginal Medical Services. The Act was introduced by the Australian Government Department of Health and Ageing, with the policy objective of ensuring quality testing and extending Medicare benefits for diabetes testing in Aboriginal and Torres Strait Islander primary health care sites. This legislative instrument extends the cessation date for the Principal Determination from the end of 30 June 2009 to the end of 30 June 2013, reflecting the extension of funding arrangements for the QAAMS Program. As the change is considered minor and machinery in nature, and does not substantially alter existing arrangements, no consultation was undertaken in the development of this determination.

Scope and Application

The Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No.1) extends the cessation date for the Principal Determination, which enables Medicare benefits 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. This amendment extends the cessation date from the end of 30 June 2009 to the end of 30 June 2013, reflecting the extension of funding arrangements for the Quality Assurance in Aboriginal and Torres Strait Islander Medical Services Program (the QAAMS Program). This Determination applies to practitioners and organisations participating in the QAAMS Program, which is funded by the Australian Government Department of Health and Ageing and aims 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. The amendment is considered minor and machinery in nature, and no consultation was undertaken in its development. The Determination applies nationally and commenced on 30 June 2009.

Key Provisions

The Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2009 (No.1) makes specific amendments to the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06 (subsection 3C(1) of the Health Insurance Act 1973). The primary amendment is the extension of the cessation date for the determination from the end of 30 June 2009 to the end of 30 June 2013 (Schedule 1, Item 1). This amendment reflects the extension of funding arrangements for the Quality Assurance in Aboriginal and Torres Strait Islander Medical Services Program (the QAAMS Program), which is designed to support point of care testing for diabetes in Aboriginal Community Controlled Health Services and Aboriginal Medical Services. The obligations and requirements imposed by this Determination primarily concern the extension of Medicare benefits for specific diabetes testing services in designated primary health care sites. These services, which include two types of point of care pathology diagnostic tests, must be conducted by practitioners or organisations participating in the QAAMS Program (Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/06). The QAAMS Program, funded by the Australian Government Department of Health and Ageing, provides essential support through education, training, quality assurance, quality control, and ongoing support services. Compliance with these requirements is crucial to ensure that the testing services are performed to a high standard and meet necessary quality benchmarks. In terms of potential consequences for non-compliance or breaches of the provisions under this Determination, specific offences and penalties are not detailed in the Explanatory Statement. However, under the Health Insurance Act 1973, breaches of Medicare provisions generally can lead to civil or criminal penalties. For instance, knowingly making false or misleading statements in relation to a claim for benefits can result in substantial fines or imprisonment. The penalties for such breaches are determined by the severity of the offence and can include significant monetary fines, as well as potential imprisonment terms for serious violations. This Determination was made under the authority of the Minister for Health and Ageing, and given its minor nature and the extension of existing arrangements, consultation was deemed unnecessary. The legislative instrument is considered minor and machinery in nature, and therefore does not substantially alter existing arrangements, aligning with section 18 of the Legislative Instruments Act 2003. The Determination commenced on 30 June 2009, as per Section 2 of the Amendment Determination.