Health ref. no. 817
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons and citizens of Italy) Order 2022
I, Nigel Murray, Assistant Secretary, Medical Benefits Division, delegate of the Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (‘the Act’), hereby:
(1) REVOKE the Health Insurance (Eligible persons and citizens of Italy) Order 2020, made on 27 March 2020; and
(2) DECLARE that every person included in the class of persons specified in section (4) who, but for this Order, would not be an eligible person for the purposes of the Act shall, for the period from 17 March 2022 until the end of the period of six months after the person’s last entry to Australia be treated as having been or as being an eligible person for the purposes of the Act.
(3) Where:
(a) a person is in the class of persons specified in section (4) and, but for this Order, would not be an eligible person for the purposes of the Act; and
(b) that person was provided with necessary medical treatment in Australia on or before the end of the period in section (2); and
(c) it is necessary for the treatment to continue after the end of that period;
that person shall be treated as having been or being an eligible person for the purposes of the Act for the period during which that further treatment is necessary.
(4) The class is each person who:
(a) is a citizen of Italy who is eligible for services under the national health legislation of Italy; and
(b) is lawfully present but not ordinarily resident in Australia.
(5) This Order shall have effect from the 17 March 2022.
Dated this 11 day of March 2022
Nigel Murray
Assistant Secretary
MBS Policy and Specialist Services Branch
Department of Health
ATTACHMENT – STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
Health Insurance (Eligible persons and citizens of Italy) Order 2022
ORDER NO: 817
DATE OF ORDER: 2022
RELATED ORDERS: 814
NAME OF PERSON OR GROUP: Citizens of Italy
REASONS FOR APPROVAL:
Citizens of Italy who are lawfully present in Australia but not ordinarily resident in Australia are eligible for Medicare upon arrival in Australia, while on a visa that exceeds 6 months
This is an interim measure to address an anomaly in the Australia-Italy Reciprocal Health Care Agreement. Currently, the agreement does not permit a person entering Australia on a visa exceeding a 6 month period to be eligible for Medicare.
Overview
The Australian Government Health Insurance Act 1973, enacted in 1973, provides a framework for health insurance in Australia and establishes Medicare. The Health Insurance (Eligible persons and citizens of Italy) Order 2022 was introduced to address an anomaly in the Australia-Italy Reciprocal Health Care Agreement, which previously did not permit citizens of Italy entering Australia on a visa exceeding six months to be eligible for Medicare. This Order was made by Nigel Murray, Assistant Secretary, Medical Benefits Division, as a delegate of the Minister for Health, under the authority granted by subsection 6(1) of the Act. The policy objective of this Order is to ensure that eligible Italian citizens who are lawfully present but not ordinarily resident in Australia are granted Medicare eligibility for a period of six months from their last entry into Australia, or longer if necessary for ongoing medical treatment.
Scope and Application
The Health Insurance (Eligible persons and citizens of Italy) Order 2022 applies to Italian citizens who are lawfully present in Australia but not ordinarily resident in the country. This order, made under subsection 6(1) of the Health Insurance Act 1973, revokes the previous Health Insurance (Eligible persons and citizens of Italy) Order 2020 and provides a temporary solution for an anomaly in the Australia-Italy Reciprocal Health Care Agreement, which does not permit individuals arriving on a visa exceeding six months to be eligible for Medicare. The order is effective from 17 March 2022 and provides eligibility for Medicare to Italian citizens who require continued medical treatment in Australia, ensuring that such individuals can receive necessary health services during the period of their visa validity. This measure addresses the gap in eligibility for those who are lawfully present in Australia on visas longer than six months.
Key Provisions
The main operative sections of the Health Insurance (Eligible persons and citizens of Italy) Order 2022 (section 2) revoke the previous Health Insurance (Eligible persons and citizens of Italy) Order 2020, which was made on 27 March 2020. The new order (section 3) declares that every Italian citizen who is eligible for services under the national health legislation of Italy and who is lawfully present but not ordinarily resident in Australia shall be treated as an eligible person for the purposes of the Health Insurance Act 1973. This treatment as an eligible person applies from 17 March 2022 until the end of the six-month period after their last entry to Australia. Furthermore, if a person in this class was provided with necessary medical treatment in Australia on or before the end of this period and it is necessary for the treatment to continue, they shall be treated as an eligible person for the duration of the required treatment (section 4).
This order imposes certain obligations and requirements on the parties it governs. Firstly, it requires the Minister for Health to ensure that eligible Italian citizens who are lawfully present but not ordinarily resident in Australia are granted eligibility for Medicare upon arrival. This includes providing the necessary medical treatment during their stay in Australia. Secondly, the order mandates that the Department of Health and relevant healthcare providers verify the eligibility of Italian citizens under this order, ensuring that they receive the appropriate healthcare services. Thirdly, it imposes an obligation on Italian citizens to provide necessary documentation to verify their eligibility, such as proof of citizenship and residency status in Italy, as well as evidence of lawful presence in Australia.
There are no explicit offences, penalties, or consequences stated in this order for breach. However, any failure to comply with the obligations and requirements imposed by the order could potentially lead to legal consequences under the broader Health Insurance Act 1973. For instance, healthcare providers who fail to provide necessary treatment to eligible persons could face penalties under the Act, which could include fines or other administrative sanctions. Similarly, individuals who provide false information to gain eligibility could face legal consequences under relevant legislation governing fraud and misrepresentation. It is important to note that the specific penalties for breaches would be determined by the relevant provisions of the Health Insurance Act 1973 and other applicable laws.