Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/2006

Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/2006

as amended

made under subsection 3C (1) of the

Health Insurance Act 1973

Compilation start date:  26 June 2013

Includes amendments up to: Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Amendment Determination 2013 (No. 1)

About this compilation

This compilation

This is a compilation of the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/2006 as in force on 26 June 2013.  It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 November 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1. Name of Determination        4

2. Commencement        4

3. Cessation         4

4. Revocation of Health Insurance Determination HS/2/2000   4

5. Interpretation         4

6. Circumstances where this Determination applies     5

7. Treatment of a relevant service       5

Schedule -  Specified health services      6

Endnotes          7

1. Name of Determination

This Determination is the Health Insurance (Diabetes Testing in Aboriginal and Torres Strait Islander Primary Health Care Sites) Determination HS/01/2006.

2. Commencement

This Determination is taken to have commenced on 1 January 2006. 

3. Cessation

This Determination will cease to have effect at the end of 30 June 2016.

4. Revocation of Health Insurance Determination HS/2/2000

This Determination revokes Health Insurance Determination HS/2/2000.

5. Interpretation

(1) In this Determination:

the Act means the Health Insurance Act 1973.

item means an item in the Schedule.

QAAMS Program means the program, known as the Quality Assurance in Aboriginal Medical Services Program, funded by the Department of Health and Ageing as a program to provide education, training, quality assurance, quality control and on-going support services for point of care diabetes testing in Aboriginal Community Controlled Health Services and Aboriginal Medical Services.

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

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.

(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.

6. Circumstances where this Determination applies

(1) This Determination applies to a relevant service only where all of the following circumstances apply:

(a) where a direction made by the First Assistant Secretary of the Office for Aboriginal and Torres Strait Islander Health under section 19(2) of the Act to enable the payment of medicare benefits for professional services provided in Aboriginal and Torres Strait Islander communities applies to the service; and

(b) where the service is rendered by or on behalf of a medical practitioner; and

(c) where the practitioner referred to in paragraph (b) is:

(i) an employee of an organisation that is receiving funding from the Commonwealth, a State or a Territory; or

(ii) an employee of a State or Territory; and

(d) where the practitioner referred to in paragraph (b), or the organisation for which the practitioner works, is participating in the QAAMS Program; and

(e) where the practitioner referred to in paragraph (b) has determined the service to be necessary for his or her patient.

Note   The circumstance in paragraph (d) mirrors the requirement in section 16A(1)(a) of the Act that the treating practitioner requesting a pathology service must determine that the service is necessary.

7. Treatment of a relevant service

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, the National Health Act 1953, the Health Insurance Regulations 1975 and the National Health Regulations 1954 that make provision in respect of professional services or medical services, other than provisions that make provision for pathology services specifically; and

(b) there were an item in the pathology services table that related to the relevant service and 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

Schedule -  Specified health services

Note Section 3C (7) of the Act deems an internal Territory to form part of the State of  New South Wales.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]