EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Follow up service – Indigenous persons) - Revocation of 3C Determination from 1 July 2009
Issued by the authority of the Minister for Health and Ageing
Background
Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may, by writing, determine that a health service not listed in the general medical services table (the Table) shall, in specified circumstances and for specified statutory provisions, be treated as if it were so listed. The Table is set out in the Health Insurance (General Medical Services Table) Regulations 2008 (the 2008 Regulations) which are remade each year.
A determination made under subsection 3C(1) is a legislative instrument (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003).
- Health Insurance (Follow up service – Indigenous persons) Determination 2008
The Health Insurance (Follow up service – Indigenous persons) Determination 2008 permitted the payment of Medicare benefit for a practice nurse or registered Aboriginal health worker to provide a follow up service on behalf of a GP for an Indigenous person who has received a health check.
- Health Insurance (Follow up service – Indigenous persons) Determination 2009
The Health Insurance (Follow up service – Indigenous persons) Determination 2009 revokes the Health Insurance (Follow up service – Indigenous persons) Determination 2008 as the services covered by the Determination will be introduced into Amendments to the 2008 Regulations which will commence on 1 July 2009.
Consultation
No consultation was undertaken in the making of the Determination as the instrument is machinery in nature and does not substantially alter existing arrangements for the payment of a Medicare benefit for this service.
ATTACHMENT
Notes on sections in the Determination
Section 1
Section 1 provides that the name of the Determination is the Health Insurance (Follow up service – Indigenous persons) Determination 2009.
Section 2
Section 2 provides that the Determination commences on 1 July 2009.
Section 3
Section 3 provides that this Determination revokes the Health Insurance (Follow up service – Indigenous persons) Determination 2008.
Overview
The Health Insurance Act 1973, enacted to provide for the administration of the Medicare scheme in Australia, addresses the problem of ensuring equitable access to health services for all Australians, particularly focusing on the needs of specific demographic groups such as Indigenous persons. The Health Insurance (Follow up service – Indigenous persons) Determination 2009, issued under the authority of the Minister for Health and Ageing, revokes the previous 2008 Determination to align with upcoming amendments to the Health Insurance (General Medical Services Table) Regulations 2008. This legislative instrument aims to streamline the provision of follow-up health services for Indigenous individuals who have received a health check, facilitating better continuity of care by enabling payments for these services through Medicare. The policy objective is to ensure that Indigenous Australians have access to necessary follow-up care, thereby improving health outcomes and addressing healthcare disparities within this population.
Scope and Application
The Health Insurance (Follow up service – Indigenous persons) Determination 2009 applies to the revocation of the Health Insurance (Follow up service – Indigenous persons) Determination 2008, which had previously allowed for the payment of Medicare benefits for follow-up services provided by practice nurses or registered Aboriginal health workers on behalf of general practitioners for Indigenous persons who had received a health check. This determination is instrumental in modifying existing arrangements for the payment of such Medicare benefits, which will now be introduced through amendments to the Health Insurance (General Medical Services Table) Regulations 2008, effective from 1 July 2009. The revocation of the 2008 Determination signifies a legislative shift intended to streamline the process for these services, aligning them with broader updates in the regulatory framework. The Act operates on a national level under the Commonwealth, affecting health service providers, Indigenous persons, and the administration of Medicare benefits across Australia. There are no stated exclusions or exemptions within this Determination, and it does not introduce new thresholds, but rather modifies existing provisions to better integrate the follow-up services into the general medical services table.
Key Provisions
The Health Insurance (Follow up service – Indigenous persons) Determination 2009 (the Determination) revokes the Health Insurance (Follow up service – Indigenous persons) Determination 2008 (section 3). This revocation is effective from 1 July 2009, as stipulated in section 2. The primary purpose of the Determination is to align with the forthcoming amendments to the Health Insurance (General Medical Services Table) Regulations 2008, which are set to take effect on the same date. These amendments will introduce the services previously covered by the 2008 Determination into the general medical services table, thereby integrating them into the standard Medicare benefits for Indigenous health services.
Under the Determination, the main obligation is to ensure the smooth transition of services provided under the 2008 Determination into the new regulatory framework. Health service providers, particularly practice nurses and registered Aboriginal health workers, must be aware of this change and prepare to adapt to the new system by 1 July 2009. The Determination mandates that the services that were previously covered, such as follow-up services for Indigenous persons who have received a health check, will now be part of the standard Medicare benefits schedule.
There are no specific offences, penalties, or civil/criminal consequences outlined within the Determination itself. However, failure to comply with the new regulations as they come into effect could potentially result in non-payment of Medicare benefits for services not correctly aligned with the updated schedule. Providers must ensure they are aware of and comply with the new regulations to avoid any disruptions in service delivery or financial implications.
In summary, the Determination primarily serves as a transitional instrument to facilitate the incorporation of specific Indigenous health services into the general Medicare benefits schedule. It mandates the revocation of the previous Determination and the integration of these services into the amended Health Insurance (General Medical Services Table) Regulations 2008, effective from 1 July 2009. While the Determination itself does not impose penalties, adherence to the new regulatory framework is crucial to ensure continued eligibility for Medicare benefits.