Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007

Administered by Department of Health, Disability and Ageing

Legislation au F2007L02032 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

HEALTH INSURANCE ACT 1973

SECTION  23DNBA(4)

 

HEALTH INSURANCE (ELIGIBLE COLLECTION CENTRES) APPROVAL AMENDMENT PRINCIPLES 2007

 

Subsection 23DNBA(4) of the Health Insurance Act 1973 (the Act) requires the Minister to determine principles to be applied by the Minister in granting approvals for eligible pathology specimen collection centres under subsection 23DNBA(1) of the Act.

 

The Health Insurance (Eligible Collection Centres) Approval Principles 2005 (the 2005 Principles) were made under subsection 23DNBA(4) of the Act on 25 May 2005.

 

The Health Insurance (Eligible Collection Centres) Approval Principles 2007 (the 2007 Principles), which revoke and replace the 2005 Principles, were made on 21 June 2007 and will commence on 1 July 2007.

 

The purpose of these Principles is to make an amendment to the 2007 Principles concerning the method for calculating the 2007 – 2008 nominal allocation to be allotted to approved pathology authorities (APAs) who operate category G pathology laboratories.

 

Consultation

 

The Principles have been developed in consultation with the Australian Association of Pathology Practices, the National Coalition of Public Pathologists and the Royal College of Pathologists of Australasia.

 

The Principles commence on 1 July 2007.

 

Details of the Principles are provided in the Attachment.

 

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

 

Authority:  Subsection 23DNBA(4) of the

Health Insurance Act 1973


ATTACHMENT

 

NOTES ON SECTIONS OF THE PRINCIPLES

 

 

Section 1   Name of Principles

 

This section provides that the Principles may be cited as the Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007.

 

Section 2   Commencement

 

This section specifies the commencement date of the Principles as 1 July 2007.

 

Section 3   Amendment of the Health Insurance (Eligible Collection Centres) Approval Principles 2007

 

This section amends the Health Insurance (Eligible Collection Centres) Approval Principles 2007 by deleting section 10 and replacing it with a revised section 10.

 

The revised section 10 differs from the previous section 10 such that an APA’s 2007 – 2008 nominal allocation will not be effected by the number of approvals to which the APA would have been entitled in respect of the 2007–2008 financial year under the Health Insurance (Eligible Collection Centres) Approval Principles 2005.

 

Section 4  Transitional

 

This section confirms that these Principles apply to all approvals pertaining to the 2007–2008 financial year, even if an application for approval was lodged prior to the making of these Principles.

Overview

The Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007, enacted to address a specific issue in the allocation of resources to approved pathology authorities (APAs), amends the Health Insurance (Eligible Collection Centres) Approval Principles 2007. This amendment was necessitated by the need to modify the method for calculating the 2007–2008 nominal allocation to be allotted to APAs who operate category G pathology laboratories, ensuring that the allocation is no longer affected by the number of approvals an APA would have been entitled to under the 2005 Principles. These Principles were developed following consultations with key industry bodies including the Australian Association of Pathology Practices, the National Coalition of Public Pathologists, and the Royal College of Pathologists of Australasia. The Principles, which revoke and replace the 2005 Principles, were made on 21 June 2007 and commenced on 1 July 2007. The objective of these amendments is to ensure that the allocation process is fair and aligned with contemporary needs within the pathology sector.

Scope and Application

The Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007 amends the Health Insurance (Eligible Collection Centres) Approval Principles 2007, which are made under subsection 23DNBA(4) of the Health Insurance Act 1973. These principles pertain to the calculation of the 2007–2008 nominal allocation for approved pathology authorities (APAs) who operate category G pathology laboratories, ensuring that such allocations are not influenced by the number of approvals to which the APA would have been entitled under the previous principles. This legislative instrument, which revokes and replaces the 2005 principles, was developed in consultation with relevant professional bodies and commenced on 1 July 2007. These principles apply to all approvals relating to the 2007–2008 financial year, regardless of when applications for approval were submitted.

Key Provisions

The Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007 (subsection 23DNBA(4) of the Health Insurance Act 1973) are designed to amend the 2007 principles related to the approval of pathology specimen collection centres. The key amendment, outlined in section 3, involves changing the method for calculating the 2007-2008 nominal allocation for approved pathology authorities (APAs) operating category G pathology laboratories. This change ensures that the allocation will no longer be influenced by the number of approvals an APA would have been entitled to under the 2005 principles. These principles impose obligations on APAs to ensure that their operations meet the standards set by the Minister for Health and Ageing. APAs must comply with the updated principles when applying for approvals and operating their pathology laboratories. They must ensure that their collection centres meet the criteria specified in the Health Insurance Act and the updated principles, including maintaining the necessary standards of care and service provision. Failure to comply with the provisions of these principles can lead to significant consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is understood that breaches of the Health Insurance Act or its associated legislative instruments can result in penalties under the Act. These penalties can include fines, legal action, and potential revocation of approval for the pathology specimen collection centres. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act. The transitional provisions in section 4 ensure that the new principles apply to all approvals related to the 2007-2008 financial year, even if applications were submitted before the principles were made. This provision aims to provide clarity and fairness in the application process, ensuring that all parties are subject to the same rules regardless of the timing of their applications. Overall, the Health Insurance (Eligible Collection Centres) Approval Amendment Principles 2007 serve to refine the criteria and processes for approving pathology specimen collection centres, ensuring that they meet the necessary standards and operate effectively within the framework of the Health Insurance Act.

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Area of Law
Health Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Transitional Provisions

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