Health ref. no. 818
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons and citizens of Italy) Order (No.2) 2022
I, Nigel Murray, Assistant Secretary, Medical Benefits Division, delegate of the Minister for Health and Aged Care, 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 2022, made on 11 March 2022; 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 4 November 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 is a citizen of Italy who is eligible for services under the national health legislation of Italy on entry to Australia.
(5) This Order shall have effect from 4 November 2022.
Dated this 4th day of November 2022
Nigel Murray
Assistant Secretary
MBS Policy and Specialist Services Branch
Department of Health and Aged Care
ATTACHMENT – STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
Health Insurance (Eligible persons and citizens of Italy) Order (No.2) 2022
ORDER NO: 818
DATE OF ORDER: 4 November 2022
RELATED ORDERS: 814 and 817
NAME OF PERSON OR GROUP: Citizens of Italy
REASONS FOR APPROVAL:
To ensure that citizens of Italy who are eligible for services under the national health legislation of Italy and are lawfully present 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 was enacted to provide a framework for health insurance in Australia, aiming to ensure access to necessary medical services for eligible individuals. In 2022, the Health Insurance (Eligible persons and citizens of Italy) Order (No.2) was introduced to address a specific gap in the Australia-Italy Reciprocal Health Care Agreement. This order was made by the Assistant Secretary, Medical Benefits Division, delegate of the Minister for Health and Aged Care, under subsection 6(1) of the Act. The policy objective of this order is to ensure that citizens of Italy who are eligible for services under the national health legislation of Italy and are lawfully present in Australia are eligible for Medicare upon arrival in Australia, even if they are on a visa exceeding six months. This measure acts as an interim solution to rectify the anomaly in the reciprocal health care agreement, ensuring continuity of necessary medical treatment for affected individuals.
Scope and Application
The Health Insurance (Eligible persons and citizens of Italy) Order (No.2) 2022 applies to citizens of Italy who are eligible for services under the national health legislation of Italy and enter Australia lawfully on a visa exceeding six months. This order, made under subsection 6(1) of the Health Insurance Act 1973, aims to address an anomaly in the Australia-Italy Reciprocal Health Care Agreement, ensuring that these individuals can access Medicare during their stay. The order revokes the previous Health Insurance (Eligible persons and citizens of Italy) Order 2022 and declares that eligible Italian citizens will be treated as having been or being eligible persons for the purposes of the Act from their entry until six months after their last entry to Australia. If necessary medical treatment is required beyond this period, they will continue to be treated as eligible persons for the duration of the treatment. This order is effective from 4 November 2022 and represents an interim measure until a more comprehensive solution is established.
Key Provisions
The Health Insurance (Eligible persons and citizens of Italy) Order (No.2) 2022 (sections 1 to 5) revokes a previous order made on 11 March 2022 and declares that certain Italian citizens will be treated as eligible for Medicare under the Health Insurance Act 1973 for a specified period. Specifically, any Italian citizen who is eligible for services under Italy's national health legislation and who enters Australia will be considered eligible for Medicare from 4 November 2022 until the end of the period of six months after their last entry into Australia (section 2). Additionally, if such a person has received medical treatment in Australia and it is necessary for that treatment to continue, they will be treated as eligible for Medicare for the duration of their required treatment, even if it extends beyond the initial six-month period (section 3). The order applies to individuals who are citizens of Italy and eligible for services under Italy's national health legislation upon entry to Australia (section 4).
The Act imposes specific obligations on Italian citizens entering Australia under the terms of this order. These individuals must be eligible for services under Italy's national health legislation to qualify for the extended Medicare eligibility. Furthermore, they must ensure that any medical treatment they receive in Australia is documented and communicated to relevant authorities if it extends beyond the initial six-month period to maintain their eligibility. The Act also mandates that the Department of Health and Aged Care processes these applications and ensures that the provisions of the order are adhered to within the stipulated timeframes.
Breach of the provisions outlined in the Health Insurance (Eligible persons and citizens of Italy) Order (No.2) 2022 could result in penalties under the Health Insurance Act 1973. While the specific penalties are not detailed in the order, breaches of the Act generally could result in fines or other civil penalties. For instance, providing false information to obtain Medicare benefits could lead to significant fines, and persistent non-compliance might result in further legal action. It is important for individuals and healthcare providers to adhere to the terms of the order to avoid any potential penalties.