Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6)

Administered by Department of Health, Disability and Ageing

Legislation au F2007L02392 Regulations Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 253

 

Subject:  Health Insurance Act 1973

 

Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6)

 

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. 

 

Subsection 4AA(1) 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.  Schedule 1 to the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006 (the Principal Regulations) prescribes such a table.

 

The purpose of the Regulations is to amend the Principal Regulations to enable Medicare benefits to be paid, from 24 August 2007 for Magnetic Resonance Imaging (MRI) services performed with a specified piece of MRI equipment located at Goulburn Valley Health, Shepparton, Victoria.

 

Paragraph 36(d) of Schedule 1 of the Principal Regulations sets out the conditions under which the equipment in question would be regarded as “eligible equipment”.  Details of the Regulations are provided in the Attachment.

 

Consultation

Medicare Benefits Schedule (MBS) funded MRI services are managed through the 2003-2008 Radiology Quality and Outlays Memorandum of Understanding (MoU) between the Commonwealth (as represented by the Department of Health and Ageing) and the radiology profession (as represented by the Royal Australian and New Zealand College of Radiologists (RANZCR) and the Australian Diagnostic Imaging Association (ADIA)).  The RANZCR and the ADIA have been consulted about this matter as part of the ongoing management process for the Radiology MoU. 

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 24 August 2007.

 

 


ATTACHMENT

 

Details of the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6).

 

Regulation 2 - Commencement

 

This regulation provides for the Regulations to commence on 24 August 2007.

 

Regulation 3 – Amendment of the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006

 

This regulation provides that the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendment

 

Item 1

This item inserts the details of the new MRI unit at Goulburn Valley Health, Shepparton, Victoria into Table 2 at rule 36 of Part 2 of Schedule 1 to the Principal Regulations.

 

Pursuant to paragraph 36(d) of Part 2 of Schedule 1, the new specified piece of equipment would be ‘eligible equipment’ only if the equipment:

(a)   is located at the place in Table 2 for that equipment; and

(b)   forms part of a comprehensive radiology department at the relevant location that provides, at a minimum, x-ray, computed tomography and ultrasound services; and

(c)   is available for use from 9 am to 5 pm each Monday to Friday (excluding public holidays) for routine services, except for periods reasonably required for necessary maintenance, repairs and upgrades; and 

(d)   is available for use at all times for emergency services, except for periods reasonably required for necessary maintenance, repairs and upgrades.

 

 

Overview

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6) were enacted to address the need for updating the Medicare benefits schedule to include coverage for Magnetic Resonance Imaging (MRI) services performed with a specified MRI unit located at Goulburn Valley Health in Shepparton, Victoria. Enacted under the authority of the Health Insurance Act 1973, these regulations were introduced to ensure that the MRI services provided by this particular unit could be recognised and reimbursed under the Medicare scheme from 24 August 2007. The regulations were formulated in consultation with the relevant professional bodies, namely the Royal Australian and New Zealand College of Radiologists (RANZCR) and the Australian Diagnostic Imaging Association (ADIA), as part of the ongoing management process for the Radiology Quality and Outlays Memorandum of Understanding (MoU). The overarching policy objective of these amendments is to facilitate the provision of comprehensive diagnostic imaging services and to ensure that patients have timely access to necessary medical treatments within the framework of the Medicare system.

Scope and Application

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6) apply to amendments in the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006, specifically to enable the payment of Medicare benefits for Magnetic Resonance Imaging (MRI) services provided by a specified MRI equipment located at Goulburn Valley Health, Shepparton, Victoria. The regulations ensure that the equipment qualifies under the specified conditions for "eligible equipment" as outlined in the Act and the existing regulations. These conditions include the equipment being situated at the specified location, being part of a comprehensive radiology department offering various imaging services, and being available for use within stipulated hours for both routine and emergency services. The regulations are applicable within the jurisdictional reach of the Commonwealth and are effective from 24 August 2007. The Act does not specify any particular exclusions or thresholds, but the equipment must comply with the outlined operational requirements to be considered eligible. These regulations are subordinate instruments that extend the application of the Health Insurance Act 1973 by detailing specific conditions under which certain diagnostic services qualify for Medicare benefits.

Key Provisions

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 6) amend the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006 to include new Magnetic Resonance Imaging (MRI) services performed with a specific piece of MRI equipment located at Goulburn Valley Health, Shepparton, Victoria, effective from 24 August 2007. The regulations were made under the authority of the Health Insurance Act 1973, which allows for the prescribing of a table of diagnostic imaging services, the applicable fees, and the rules for interpreting the table. Regulation 3 of the Amendment Regulations specifically alters the Principal Regulations by inserting details of the new MRI equipment into Table 2, rule 36 of Part 2 of Schedule 1. These regulations impose several obligations on the parties involved. The MRI equipment at Goulburn Valley Health must be located at the specified location, form part of a comprehensive radiology department that provides at least x-ray, computed tomography, and ultrasound services, and be available for routine use from 9 am to 5 pm each Monday to Friday, excluding public holidays. Furthermore, the equipment must be available at all times for emergency services, except for periods required for necessary maintenance, repairs, and upgrades. The inclusion of the MRI unit in the table means that it qualifies as “eligible equipment” under the conditions specified in the regulations. Failure to comply with the conditions set out in the regulations could potentially result in civil or criminal consequences, although specific offences and penalties are not detailed within the text. Given the nature of the regulatory framework and the critical role of compliance in the healthcare sector, non-compliance could lead to revocation of the Medicare benefits for the services rendered, investigations by regulatory authorities, and potentially legal action for misrepresentation or fraud. The exact penalties would depend on the severity and intent behind the breach, but they could include fines and other civil remedies under the Health Insurance Act 1973.

Legal classification tags

Area of Law
Health Law
Instrument
Regulation
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

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.