Health Insurance (Endovenous Laser Therapy) Determination 2011

Administered by Department of Health, Disability and Ageing

Legislation au F2011L02020 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Health Insurance Act 1973

 

Health Insurance (Endovenous Laser Therapy) Determination 2011

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may determine in writing that a health service not specified in an item in the General Medical Services Table (the Table) shall, in specified circumstances and for specified statutory provisions, be treated as if it were so specified.  The Table is set out in the Health Insurance (General Medical Services Table) Regulations (the Regulations), which are re-made each year.

 

Purpose

 

The purpose of the Health Insurance (Endovenous Laser Therapy) Determination 2011 (the Determination) is to permit payment of Medicare benefits for endovenous laser therapy (ELT) from 1 November 2011 under two new Medicare items 32520 and 32522.

 

Background

 

ELT is a minimally invasive procedure to treat severe varicose veins, primarily performed in outpatient settings.  It is an alternative treatment to in-hospital vein stripping, currently funded under Medicare items 32508 and 32511.  ELT involves insertion of a laser probe into the long or short saphenous vein of the leg, with laser energy applied to heat and occlude diseased veins.

 

Item 32520 will enable the payment of Medicare benefits for abolition of venous reflux by occlusion of a primary or recurrent great (long) or small (short) saphenous vein of one leg.  Item 32522 (applicable in approximately 10% of cases) will enable the payment of Medicare benefits for abolition of venous reflux by occlusion of a primary or recurrent great (long) and small (short) saphenous vein of one leg.  

 

The Medical Services Advisory Committee (MSAC) provides advice to the Australian Government on evidence relating to the safety, clinical effectiveness and cost-effectiveness of new medical technologies, procedures and consultations.  In March 2008, MSAC assessed that ELT was as safe and clinically effective as conventional vein stripping, however a cost effectiveness issue was identified.  In December 2009, after re-evaluating cost-effectiveness, MSAC endorsed its March 2008 recommendation that public funding be supported for ELT, as long as the Medicare benefits are equivalent to its in-hospital comparator (surgical vein stripping) and Extended Medicare Safety Net (EMSN) benefits for the services are capped. 

 

From 1 November 2011, EMSN benefits will be capped for each eligible service billed under items 32520 and 32522, by the Health Insurance (Extended Medicare Safety Net) Amendment Determination 2011 (No.3), which amends the Health Insurance (Extended Medicare Safety Net) Determination 2009.  This approach is consistent with MSAC’s recommendation to limit the amount of benefits paid through the EMSN for ELT services.  

 

Details of the Determination are in the Attachment.

 

Consultation

 

Since MSAC’s earlier decision in March 2008, the Department has been involved in ongoing consultation with the Australasian College of Phlebology, Australian and New Zealand Society of Phlebology, Australian and New Zealand Society for Vascular Surgery (within the Royal Australasian College of Surgeons) and the Royal Australian and New Zealand College of Radiologists.  Earlier consultation occurred with the Royal Australian College of General Practitioners, who deferred opinion to medical organisations representing vein specialists.

Consultations have included face-to-face meetings, a vascular conference ‘question and answer’ session, teleconferences and exchanges of letters and emails.  The relevant professional groups have endorsed the introduction of the new ELT items with EMSN benefit caps.

 

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Determination commences 1 November 2011 and shall remain in force until midnight

31 October 2012.


ATTACHMENT

 

Details of the Health Insurance (Endovenous Laser Therapy) Determination 2011

 

Section 1 – Name of Determination

 

Section 1 provides that the name of the Determination is the Health Insurance (Endovenous Laser Therapy) Determination 2011.

 

Section 2 – Commencement and term

 

Section 2 provides that the Determination commences on 1 November 2011 and shall remain in force until midnight 31 October 2012.

 

Section 3 – Interpretation

 

Section 3 defines terms used in this Determination. 

 

Section 4Treatment of a relevant service   

 

Paragraph 4(a) provides that a relevant service (being a service specified in the Schedule to the Determination) will be treated as if it were both a professional service and a medical service for the purposes of the provisions of the Act, the National Health Act 1953 and regulations made under each Act which relate to medical services or professional services.

 

Paragraph 4(b) provides that a relevant service is to be treated as if there were an item in the General Medical Services Table related to the service and specified a fee for that service, being the fee specified in the Schedule to the Determination in relation to the service.

 

Schedule – Specified Health Services

 

The Schedule to the Determination specifies two new ELT services, assigning the applicable item numbers (32520 and 32522), item descriptors and fees for the services.  The item descriptors for both services specify that the service includes all preparation and immediate clinical aftercare but does not include the performance of radiofrequency diathermy or radiofrequency ablation.

 

Overview

The Health Insurance (Endovenous Laser Therapy) Determination 2011 was introduced to address the need for updated medical services under the Health Insurance Act 1973. Enacted by the Australian Parliament, the determination aims to facilitate the payment of Medicare benefits for endovenous laser therapy (ELT) from 1 November 2011. This treatment, a minimally invasive procedure to treat severe varicose veins, provides an alternative to in-hospital vein stripping and was recommended for public funding by the Medical Services Advisory Committee after being assessed for safety, clinical effectiveness, and cost-effectiveness. The policy objective of the determination is to ensure that the benefits paid for ELT services under the Extended Medicare Safety Net are capped, aligning with MSAC's recommendation to limit the amount of benefits for these services.

Scope and Application

The Health Insurance (Endovenous Laser Therapy) Determination 2011 extends the application of the Health Insurance Act 1973 to facilitate the provision of Medicare benefits for endovenous laser therapy (ELT) from 1 November 2011, as per the newly introduced Medicare items 32520 and 32522. This Determination applies to the services specified in the Schedule, which are aimed at treating severe varicose veins as an alternative to in-hospital vein stripping. The services are designed to be conducted in outpatient settings, with the intent of offering a less invasive and potentially more cost-effective treatment option. The Determination ensures that these services are treated as both professional and medical services for the purposes of the Act and related regulations, and it specifies the fees associated with each service as if they were included in the General Medical Services Table. The Determination remains in force until 31 October 2012, providing a temporary legislative framework for the integration of ELT services into the Medicare system.

Key Provisions

The Health Insurance (Endovenous Laser Therapy) Determination 2011 (the Determination) sets out the provisions for the provision of Medicare benefits for endovenous laser therapy (ELT) services, specifically under items 32520 and 32522, from 1 November 2011 (section 2). This Determination is made under subsection 3C(1) of the Health Insurance Act 1973 (the Act), which allows the Minister to determine in writing that a health service not specified in the General Medical Services Table (the Table) can be treated as if it were specified, in certain circumstances and for specified statutory provisions (subsection 3C(1)). The Determination specifies that a relevant service (section 4(a)) will be treated as both a professional service and a medical service for the purposes of the Act, the National Health Act 1953, and regulations made under each Act that relate to medical services or professional services. Furthermore, a relevant service will be treated as if there were an item in the General Medical Services Table related to the service and specified a fee for that service, being the fee specified in the Schedule to the Determination (section 4(b)). Under the Determination, medical practitioners and entities providing ELT services are required to adhere to the specified item numbers, descriptors, and fees outlined in the Schedule. These requirements ensure that the services are appropriately classified and compensated under the Medicare scheme. Additionally, the Determination mandates that Extended Medicare Safety Net (EMSN) benefits for ELT services will be capped, as per the Health Insurance (Extended Medicare Safety Net) Amendment Determination 2011 (No.3). This is consistent with the recommendation of the Medical Services Advisory Committee (MSAC) to limit the amount of benefits paid through the EMSN for ELT services. Failure to comply with the provisions of the Determination may result in legal consequences. For instance, incorrect classification or billing of services could lead to investigations by the Department of Health and potential penalties. While the Determination does not explicitly outline specific penalties for non-compliance, breaches of the Act or associated regulations can result in civil or criminal penalties, including fines and imprisonment, as stipulated in relevant legislation. Therefore, it is imperative for medical practitioners and entities to ensure adherence to the Determination to avoid any potential legal ramifications.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.