Health Insurance (Eligible persons and citizens of Italy) Order 2020

Overview

The Australian Government Health Insurance Act 1973 addresses the eligibility of certain foreign citizens for Medicare, the national health insurance scheme. In 2020, the Health Insurance (Eligible persons and citizens of Italy) Order was enacted by the delegate of the Minister for Health, Liz Dowd, under the authority of subsection 6(1) of the Act. This Order aimed to resolve an anomaly in the Australia-Italy Reciprocal Health Care Agreement, which previously did not permit Italian citizens on visas exceeding six months to be eligible for Medicare. Additionally, the Order was introduced to ensure that Italian citizens in Australia during the COVID-19 pandemic could access Medicare and continue necessary medical treatment. The policy objective was to provide temporary eligibility for these individuals, either for up to six months from their last entry to Australia or for the duration of the human biosecurity emergency declared under the Biosecurity Act 2015.

Scope and Application

The Health Insurance (Eligible persons and citizens of Italy) Order 2020 applies to Italian citizens who are lawfully present in Australia but not ordinarily resident, providing them with eligibility for Medicare services. This order is in response to an anomaly in the Australia-Italy Reciprocal Health Care Agreement, which previously did not permit eligibility for Medicare for Italian citizens arriving on a visa exceeding six months. Additionally, the order addresses the need to ensure that certain Italian citizens in Australia during the COVID-19 pandemic can access necessary medical treatment by making them eligible for Medicare, even after their initial six-month period or until the end of the human biosecurity emergency declared under the Biosecurity Act 2015, whichever is later. This measure is temporary and serves to rectify eligibility issues and provide necessary healthcare coverage during the pandemic.

Key Provisions

The main operative sections of the Health Insurance (Eligible persons and citizens of Italy) Order 2020 (section (1)) establish that Italian citizens who are lawfully present in Australia but not ordinarily resident, and who would otherwise not be eligible for Medicare, will be treated as eligible for a specified period. This eligibility period extends from 17 March 2020 until the later of six months after their last entry to Australia or the end of the period for which a human biosecurity emergency is declared in relation to COVID-19 (section (1)(a) and (b)). Furthermore, if a person in this class requires ongoing medical treatment that began in Australia, they will remain eligible for Medicare for the duration necessary to continue that treatment (section (2)). The class of persons covered by this Order is defined as Italian citizens who are eligible for services under Italy’s national health legislation and who are lawfully present in Australia but not ordinarily resident (section (3)). The Act imposes specific obligations and requirements on the parties it governs. Eligible Italian citizens who are lawfully present but not ordinarily resident in Australia must ensure that their circumstances meet the criteria set out in the Order. This includes being in Australia on a visa that exceeds six months or during the period of a declared biosecurity emergency. They must also ensure that any medical treatment they commence in Australia continues without interruption, as the Order provides for ongoing eligibility if such treatment is necessary (section (2)). The Order also revokes the previous Health Insurance (Eligible persons and citizens of Italy) Order 2017, which had been in effect until the enactment of this new Order (section (4)). For breach of the provisions of the Health Insurance Act 1973 or the conditions set out in the Order, various consequences may apply. While the specific penalties are not detailed within the Order itself, breaches of the Health Insurance Act 1973 can result in significant civil and criminal penalties. For example, knowingly making a false statement in relation to eligibility for Medicare can result in substantial fines, with the maximum penalty often being set at several thousand Australian dollars, depending on the severity and frequency of the offence. Criminal proceedings may also be initiated for more serious breaches, leading to potential imprisonment. The exact penalties and legal consequences would be determined in accordance with the broader provisions of the Act and relevant case law.