EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 271
Minute No. 31 of 2005 – Minister for Health and Ageing
Subject – Health Insurance Act 1973
Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2005 (No. 4)
Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act provides, in part, for payments of Medicare benefits in respect of professional services rendered to eligible persons. 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 prescribed tables.
Section 4AA of the Act provides that the regulations may prescribe a table of diagnostic imaging services, the amount of fees applicable in respect of each item and the rules for interpretation of the table. The Health Insurance (Diagnostic Imaging Services Table) Regulations 2005 (the Principal Regulations), which commenced on 1 November 2005, prescribe such a table.
The Regulations provide legislative effect to an increase in the fee for items of service 64990 and 64991 in Schedule 1 to the Principal Regulations, effective from 1 November 2005. The fee for these services, which are for the management of bulk-billed diagnostic imaging services, was indexed from 1 November 2005. However, due to an administrative oversight the fees were not amended in the Principal Regulations. The new fees for items 64990 and 64991 are $6.05 and $9.20, respectively.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on 1 November 2005. The Office of Legislative Drafting and Publishing has advised that the retrospective commencement date does not affect the rights of a person or impose liabilities on a person other than the Commonwealth.
Authority: Subsection 133(1) of the Health Insurance Act 1973
Overview
The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2005 (No. 4) were enacted to amend the Health Insurance Act 1973 and address an administrative oversight that had resulted in the fees for specific diagnostic imaging services not being updated in the original regulations. This legislative instrument was introduced by the Minister for Health and Ageing, under the authority provided by Subsection 133(1) of the Health Insurance Act 1973, to ensure that the fees for items of service 64990 and 64991, which are for the management of bulk-billed diagnostic imaging services, were correctly indexed from 1 November 2005. The primary objective of these amendments was to rectify the oversight and to align the fees with the intended adjustments, ensuring that the regulations accurately reflect the updated fees of $6.05 and $9.20 for the respective services. These amendments were designed to maintain the integrity of the Medicare benefits system and to provide clarity and consistency in the payment of benefits for diagnostic imaging services.
The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2005 (No. 4) were enacted by the Australian Government and came into effect on 1 November 2005. The amendments were made to correct an oversight in the original regulations that failed to update the fees for certain diagnostic imaging services. This legislative action was taken to ensure that the fees for items 64990 and 64991 were properly indexed and aligned with the intended changes, thereby maintaining the accuracy and fairness of the Medicare benefits provided under the Health Insurance Act 1973.
Scope and Application
The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2005 (No. 4) amends the Health Insurance (Diagnostic Imaging Services Table) Regulations 2005 to correct an administrative oversight regarding the fees for items 64990 and 64991, which pertain to the management of bulk-billed diagnostic imaging services. These regulations apply to medical practitioners, diagnostic imaging service providers, and eligible persons who receive Medicare benefits under the Health Insurance Act 1973. The amendments ensure that the fees for these services are indexed correctly from 1 November 2005, with the new fees set at $6.05 for item 64990 and $9.20 for item 64991. These regulations have a national reach, operating within the framework of the Commonwealth's health insurance system. There are no stated exclusions or exemptions in these particular regulations, but they are subject to the broader provisions of the Health Insurance Act 1973. The Act allows for the Governor-General to make regulations necessary for its implementation, and these amendments ensure compliance with the legislative intent regarding the specified diagnostic imaging services.
Key Provisions
The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2005 (No. 4) introduces amendments to the fees for diagnostic imaging services under the Health Insurance Act 1973 (the Act). Specifically, the regulations address the fees for items 64990 and 64991, which pertain to the management of bulk-billed diagnostic imaging services. Section 4AA of the Act authorises the prescribing of a table of diagnostic imaging services, including the applicable fees. However, due to an administrative oversight, these fees were not amended in the original Health Insurance (Diagnostic Imaging Services Table) Regulations 2005 (the Principal Regulations), which commenced on 1 November 2005. The new amendments rectify this oversight by updating the fees to $6.05 for item 64990 and $9.20 for item 64991, effective from 1 November 2005.
The amendment regulations impose an obligation on the relevant authorities to update the fees for diagnostic imaging services to accurately reflect the indexed values. This update ensures that the fees prescribed in the regulations align with the intended increases as of 1 November 2005. The regulations aim to provide clarity and accuracy in the prescribed fees, ensuring that healthcare providers are appropriately compensated for their services. There are no specific conditions outlined in the Act that need to be met before the power to make these regulations can be exercised, as the authority to do so is granted under Subsection 133(1) of the Health Insurance Act 1973.
The regulations also stipulate that the new fees for items 64990 and 64991 should be incorporated into the Principal Regulations as of the retrospective commencement date of 1 November 2005. This means that the amendments are effective from that date, and any payments for services rendered from that date onwards should be calculated using the updated fees. Importantly, the Office of Legislative Drafting and Publishing has advised that the retrospective commencement date does not affect the rights of any person or impose any liabilities on a person other than the Commonwealth. The regulations ensure that the legislative framework remains consistent with the intended policy adjustments, without creating any unintended legal consequences for individuals or entities involved.