Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2002 (No. 1)

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Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 Amendment Regulations 2002 (No. 1) 2002 No. 75

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 75

Issued by the Authority of the Minister for Health and Ageing

Health Insurance Act 1973

Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 Amendment Regulations 2002 (No. 1)

Section 133 of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make Regulations prescribing matters for the purposes of the Act.

Section 10 of the Act provides for payments to eligible persons for professional services by way of Medicare benefits.

Section 4AA of the Act provides that the table of diagnostic imaging services may be prescribed by the Regulations. The Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 prescribe such a table.

Section 9 of the Act provides that Medicare benefits shall be calculated by reference to the fees for medical services (including diagnostic imaging services) set out in the table which included the Diagnostic Imaging Services Table (the Table).

A number of changes to the Regulations have been made as part of the ongoing management of the Table. The Regulations incorporate the following changes to the Table:

       Introduction of a new rule for the calculation of payments for multiple vascular ultrasound services.

       Amendments to Schedule fees for vascular ultrasound items 55238, 55244, 55246, 55248,55252, 55274, 55276, 55278, 55280, 55282, 55284, 55292 and 55294.

       The deletion of nine vascular ultrasound items 55256, 55262, 55264, 55266, 55270, 55277, 55279, 55288 and 55290.

       The amendment of two item for vascular ultrasound items descriptors, 55276 and 55278.

       The amendment of cardiac ultrasound items 55113, 55114, 55115, 55116, 55117 and 55118.

These changes have been developed in consultation with the Australian and New Zealand Association of Physicians in Nuclear Medicine, the Royal Australian and New Zealand College of Radiologists, the Royal Australian and New Zealand College of Obstetricians and Gynaecologists, the Royal Australian College of General Practitioners, the Royal Australasian College of Surgeons, the Cardiac Society of Australia and New Zealand, the Australian Society of Ultrasound in Medicine, the Australian Sonographer's Association and the Australian Diagnostic Imaging Association.

Details of the Regulations are in the attachment.

The Regulations came into effect on 1 May 2002.

ATTACHMENT A

Details of the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2002 (No. 1)

Regulation 1 provides that the name of the regulations will be the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2002 (No. 1).

Regulation 2 provides for the regulations to commence on 1 May 2002.

Regulation 3 provides that the Health Insurance (Diagnostic Imaging Services Table) Regulations 2000 will be amended by Schedule 1 of the proposed Regulations.

Changes to the Table

The May 2002 Diagnostic Imaging Services Table differs from the existing tables in the following way:

       It introduces a new rule for the calculation of payments for multiple vascular .ultrasound services. The introduction of this rule will address current inequities within the Table for the reimbursement of multiple scans.

*       This rule, applies to any vascular ultrasound services (items 55238 to 55296) provided to the same person on the same date of service, irrespective of whether or not the same provider has rendered the services or requested the services.

*       The Schedule fee for the services will be calculated as follows:

- 100% of the Schedule fee (as listed in the Regulations) for the first service;

- 60% of the Schedule fee (as listed in the Regulations) for the second service; and

- 50% of the Schedule fee (as listed in the Regulations) for the third and any subsequent services.

*       Where the Schedule fee for one or more of the services is of equal amount, one of the services will be treated as being the higher amount for the calculation of the fee.

*       Amendments to Schedule fees for vascular ultrasound items 55238, 55244, 55246, 55248, 55252, 55274, 55276, 55278, 55280, 55282, 55284, 55292 and 55294 will be introduced as part of the implementation strategy of the new Multiple Vascular Ultrasound Services Site Rule (MVUSSR), to keep the restructure of vascular ultrasound cost neutral.

*       The implementation strategy of the new rule includes the deletion of nine vascular ultrasound items 55256, 55262, 55264, 55266, 55270, 55277, 55279, 55288 and 55290 as these services are specific multiple site scans and will no longer be required under the revised structure of vascular ultrasound;

       It amends two item descriptors, 55276 and 55278, to remove references to time; and

       It permits of the claiming of a transoesophageal and transthoracic ultrasound on the same day by an amendment to the wording of items 55113, 55114, 55115, 55116, 55117 and 55118.

 

Overview

The Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 Amendment Regulations 2002 (No. 1) were enacted to address inequities in the reimbursement of diagnostic imaging services under the Health Insurance Act 1973. These regulations were issued under the authority of the Minister for Health and Ageing and came into effect on 1 May 2002. The primary objective of these regulations was to refine the payment structure for vascular ultrasound services, ensuring more equitable reimbursement for multiple scans provided on the same date. These amendments were developed through consultations with various medical associations and colleges, reflecting a collaborative effort to align the diagnostic imaging services table with contemporary medical practices and requirements.

Scope and Application

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2002 (No. 1) pertains to the revision of the fees and rules applicable to diagnostic imaging services under the Health Insurance Act 1973. These regulations apply to the Diagnostic Imaging Services Table, which prescribes the fees for diagnostic imaging services such as vascular ultrasound and cardiac ultrasound, and are designed to ensure that the Medicare benefits paid to eligible persons are calculated accurately and fairly. The regulations cover all entities and individuals who provide diagnostic imaging services to patients in Australia and are reimbursed under the Medicare system. These amendments, which came into effect on 1 May 2002, are aimed at addressing inequities in the reimbursement of multiple scans and ensuring that the restructuring of vascular ultrasound services is cost neutral. The regulations also amend descriptors for certain items and allow for the claiming of specific types of ultrasounds on the same day. The changes outlined in these regulations are intended to streamline and modernise the way in which diagnostic imaging services are billed and compensated under the Australian health insurance system.

Key Provisions

The Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 Amendment Regulations 2002 (No. 1) introduce significant changes to the Diagnostic Imaging Services Table under the Health Insurance Act 1973. Section 133 of the Act allows the Governor-General to make Regulations prescribing matters for the purposes of the Act, and these regulations specifically address the table of diagnostic imaging services. Regulation 3 amends the existing Health Insurance (Diagnostic Imaging Services Table) Regulations 2000 by incorporating these changes. Notably, the regulations introduce a new rule for calculating payments for multiple vascular ultrasound services (Regulation 1, Schedule 1), which applies to any vascular ultrasound services provided to the same person on the same date of service. The fee for the first service is 100% of the Schedule fee, 60% for the second, and 50% for any subsequent services. Additionally, the regulations include amendments to the Schedule fees for specific vascular ultrasound items and the deletion of certain items to maintain cost neutrality. They also modify the descriptors of some items and permit the claiming of both transoesophageal and transthoracic ultrasounds on the same day. These regulations impose several obligations on parties involved in the provision and billing of diagnostic imaging services. Service providers must ensure they adhere to the new fee structure for multiple vascular ultrasound services, applying the correct percentages to each subsequent service provided on the same day. The regulations also require providers to update their billing practices to reflect the amendments to Schedule fees and the deletion of specific items. Furthermore, any changes to item descriptors must be accurately reflected in the billing information to comply with the regulations. The regulations necessitate that healthcare providers and diagnostic imaging facilities update their systems and procedures to align with these new requirements. Failure to comply with the Health Insurance (Diagnostic Imaging Services Table) Regulations 2001 Amendment Regulations 2002 (No. 1) could result in various consequences. While the explanatory statement does not specify criminal penalties, non-compliance could lead to civil penalties under the Health Insurance Act 1973. The maximum penalties for contravening the Act include fines up to $22,200 for individuals and $111,000 for bodies corporate. Additionally, non-compliant providers may face legal action, including claims for overpayments and demands for repayment of Medicare benefits incorrectly claimed or received. Such breaches could also impact a provider's eligibility for future Medicare payments and potentially damage their professional reputation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.