Health Insurance (Eligible persons and citizens of Italy) Order 2017

Overview

The Australian Government Health Insurance Act 1973 (the Act) was enacted to provide for the operation of a national health insurance scheme and to ensure that all Australians have access to essential health services. The Health Insurance (Eligible persons and citizens of Italy) Order 2017 was introduced to address a gap in the Australia-Italy Reciprocal Health Care Agreement, which previously did not allow citizens of Italy lawfully present in Australia but not ordinarily resident, who were entering on a visa exceeding six months, to be eligible for Medicare. This Order was made by Greg Hunt, the Minister for Health, under subsection 6(1) of the Act. The policy objective is to provide an interim measure ensuring that eligible Italian citizens who are temporarily in Australia are covered by Medicare, aligning with the spirit of the reciprocal health care arrangement between the two countries.

Scope and Application

The Health Insurance (Eligible persons and citizens of Italy) Order 2017 is a notifiable instrument made under the Health Insurance Act 1973, which extends the eligibility for Medicare to certain citizens of Italy who are lawfully present but not ordinarily resident in Australia. This order applies to Italian citizens who are eligible for services under Italy’s national health legislation and who enter Australia on a visa exceeding six months, thereby ensuring that they are treated as eligible persons for Medicare during their stay, up to a maximum of six months following their last entry into Australia. The purpose of this order is to address an interim anomaly in the Australia-Italy Reciprocal Health Care Agreement that previously excluded such individuals from Medicare eligibility. The order is effective from the date of signature and applies nationally across Australia, covering all citizens of Italy who meet the specified criteria. There are no exclusions or exemptions explicitly stated within the order itself, though the eligibility is limited to a period not exceeding six months.

Key Provisions

The main operative sections of the Health Insurance (Eligible persons and citizens of Italy) Order 2017 (No. 811) are set out in clause (a), which specifies the class of persons who will be treated as eligible for Medicare services under the Australian Government Health Insurance Act 1973. According to clause (a)(i), eligible persons are those who are citizens of Italy and eligible for services under the national health legislation of Italy. Additionally, under clause (a)(ii), these individuals must be lawfully present in Australia but not ordinarily resident there. The eligibility extends for a period not exceeding six months after the individual’s last entry into Australia, provided they would otherwise not be eligible under the Act. This Order imposes specific obligations on the entities and individuals it governs. It mandates that citizens of Italy who meet the eligibility criteria outlined in the Order are to be treated as eligible persons for Medicare services. This means that healthcare providers are required to provide services to these individuals as if they were Australian citizens or permanent residents, during the specified period. The Act also requires these individuals to comply with the conditions stipulated in the Order, such as being lawfully present in Australia and not ordinarily resident. Breach of the provisions outlined in the Order may result in civil or criminal consequences, although the specific penalties are not detailed in the Order itself. Under the Health Insurance Act 1973, there are potential penalties for non-compliance with Medicare regulations, which may include fines and other administrative actions. However, the maximum penalties for breaches of this specific Order are not explicitly stated within the Order but would be subject to the general provisions of the Act and any relevant regulations. The enforcement of these penalties would be overseen by the relevant authorities responsible for administering the Act.