Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 7)

Administered by Department of Health, Disability and Ageing

Legislation au F2007L03654 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 312

 

Subject:  Health Insurance Act 1973

 

Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 7)

 

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 30 September 2007 for Magnetic Resonance Imaging (MRI) services performed with a specified piece of MRI equipment located at Southernex Imaging Group, Pring Street, Ipswich, Queensland, 4350.

 

Paragraph 36(d) of Schedule 1 to 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 30 September 2007.

 

 


ATTACHMENT

 

Details of the Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 7)

 

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. 7).

 

Regulation 2 - Commencement

 

This regulation provides for the Regulations to commence on 30 September 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 Southernex Imaging Group, Pring Street, Ipswich, Queensland 4350, 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. 7) were enacted to amend the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006, enabling the payment of Medicare benefits for Magnetic Resonance Imaging (MRI) services performed with a specific piece of MRI equipment located at Southernex Imaging Group in Ipswich, Queensland, from 30 September 2007. The Health Insurance Act 1973, enacted by the Commonwealth Parliament, provides for payments of Medicare benefits for professional services rendered to eligible persons. The Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, including prescribing a table of diagnostic imaging services and the fees applicable to each item. The policy objective of these Regulations is to facilitate the inclusion of a particular MRI unit within the Medicare Benefits Schedule, thereby improving access to diagnostic imaging services for eligible individuals. The Regulations were developed in consultation with stakeholders under the Radiology Quality and Outlays Memorandum of Understanding between the Commonwealth and the radiology profession, represented by the Royal Australian and New Zealand College of Radiologists and the Australian Diagnostic Imaging Association. These Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on 30 September 2007. The specific amendment involves the insertion of the new MRI unit into Table 2 at rule 36 of Part 2 of Schedule 1 of the Principal Regulations, subject to conditions that the equipment meets specified criteria for eligibility.

Scope and Application

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 7) pertain to the administration of Medicare benefits under the Health Insurance Act 1973. These Regulations aim to amend the existing Health Insurance (Diagnostic Imaging Services Table) Regulations 2006 to allow for the payment of Medicare benefits for Magnetic Resonance Imaging (MRI) services performed with a particular MRI unit located at Southernex Imaging Group, Pring Street, Ipswich, Queensland. The amendment is necessary to recognise the specified MRI equipment as "eligible equipment" under paragraph 36(d) of Schedule 1 to the Principal Regulations. The Regulations apply to the specified MRI equipment at Southernex Imaging Group and are limited to ensuring that the equipment meets the outlined conditions to be recognised as eligible equipment, such as being part of a comprehensive radiology department and being available for use according to specified hours. These Regulations have a national reach within Australia, operating under the overarching framework of the Health Insurance Act 1973, which governs the provision of Medicare benefits for diagnostic imaging services. The Regulations do not explicitly state any exclusions or thresholds but focus on the eligibility criteria for the MRI equipment in question. The application of these Regulations can be extended or restricted through subordinate instruments as required, ensuring flexibility in managing MRI services and maintaining compliance with the Health Insurance Act 1973.

Key Provisions

The Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 7) amends the Health Insurance (Diagnostic Imaging Services Table) Regulations 2006 by inserting details of a new Magnetic Resonance Imaging (MRI) unit into the diagnostic imaging services table. Specifically, Regulation 3 and Schedule 1 of these Amendment Regulations insert the particulars of the MRI unit at Southernex Imaging Group, located at Pring Street, Ipswich, Queensland 4350, into Table 2 at rule 36 of Part 2 of Schedule 1 to the Principal Regulations. This addition enables Medicare benefits to be paid for MRI services performed with this specified piece of equipment from 30 September 2007. The Regulations impose certain conditions for the MRI equipment to be considered "eligible equipment" under the amended table. According to paragraph 36(d) of Part 2 of Schedule 1, the equipment must be situated at the specified location, be part of a comprehensive radiology department providing at least x-ray, computed tomography, and ultrasound services, and be available for routine services from 9 am to 5 pm, Monday to Friday, excluding public holidays, except for necessary maintenance, repairs, and upgrades. Additionally, it must be available at all times for emergency services, barring periods for essential maintenance, repairs, and upgrades. Breaching the conditions outlined for the MRI equipment to be deemed "eligible equipment" could potentially lead to complications in receiving Medicare benefits for services rendered. However, the specific consequences of such breaches, including any penalties or enforcement actions, are not explicitly detailed within the text of the Amendment Regulations. For comprehensive understanding and compliance, it is imperative to refer to the overarching Health Insurance Act 1973 and any related guidelines or directives issued by the relevant authorities.

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