Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2)

Legislation au C2004L02426 Regulations Not in force Legislative Instrument

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Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2) 2003 No. 318

EXPLANATORY STATEMENT

STATUTORY RULES 2003 NO. 318

Issued by the Authority of the Minister for Health and Ageing

Health Insurance Act 1973

Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act provides, in part, for payment of Medicare benefits in respect of professional services rendered to eligible persons. Section 9 of the Act provides that Medicare benefits shall be calculated by reference to the fees for medical services set out in prescribed Tables.

Subsection 4 (1) of the Act provides that regulations may prescribe a table of medical services (other than diagnostic imaging services and pathology services) that sets out items of medical services, the amount of fees applicable in respect of each item and rules for interpretation of the table. The Health Insurance (General Medical Services Table) Regulations 2003 currently prescribe such a table.

The purpose of the Regulations is to amend the current table of medical services by introducing three new items, to give effect to changes proposed in the Australian Government's MedicarePlus package:

       allow an additional amount of Medicare benefit to be paid for bulk billed services under certain circumstances;

       enable a practice nurse to administer immunisations under specified conditions; and

       enable a practice nurse to provide wound management under specified conditions.

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The Regulations commence on 1 February 2004.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE (GENERAL MEDICAL SERVICES TABLE) AMENDMENT REGULATIONS 2003 (NO. 2)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2).

Regulation 2 provides for the Regulations to commence on 1 February 2004.

Regulation 3 provides that Schedule 1 amends the Health Insurance (General Medical Services Table) Regulations 2003 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] amends rules contained in Part 2 of Schedule 1 to the Principal Regulations.

Item [2] introduces three new services, and prescribe fees for them, in Part 3 of Schedule 1 to the Principal Regulations.

Part 2 - Rules of interpretation

Item 1 inserts three new rules 77, 78 and 79 on the application of items 10990, 10993 and 10996, respectively. These new items are described at 'Part 3 -- Services and Fees', below.

Rule 77 explains the application of item 10990 in relation to other services, and the circumstances in which a fee under item 10990 is be payable, and defines the terms "bulk-billed", "Commonwealth concession card holder" and "unreferred service" for the purposes of item 10990.

Rule 78 explains the application of item 10993 and defines the terms "enrolled nurse", "general practice", "immunisation", "practice nurse" and "registered vaccine" for the purposes of item 10993. It also describes the circumstances in which item 10993 applies to an immunisation provided to a: person by a practice nurse.

Rule 79 explains the application of item 10996 and defines the terms "enrolled nurse", "general practice" and "practice nurse" by reference to the definitions in Rule 78, for the purposes of item 10996. It also describes the circumstances in which only item 10996 applies to the treatment of a person's wound by a practice nurse.

Part 3 - Services and Fees

Item 2 introduces three new miscellaneous services items numbered 10990, 10993 and 10996.

Item 10990 allows an additional amount to be payable when any unreferred service is bulk billed and provided to a person under the age of 16 or a Commonwealth concession card holder (where that person is not an admitted patient at a hospital or day-hospital facility).

Item 10993 enables a practice nurse to administer immunisations on behalf of a supervising medical practitioner under specified conditions.

Item 10996 enables a practice nurse to provide wound management on behalf of a supervising medical practitioner under specified conditions.

 

Overview

The Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2) were enacted to amend the existing Health Insurance (General Medical Services Table) Regulations 2003 and were introduced to address specific gaps identified in the Australian Government's MedicarePlus package. This legislative instrument was enacted by the Minister for Health and Ageing under the authority of the Health Insurance Act 1973. The primary policy objective of these regulations was to enhance the services covered under Medicare by introducing three new items: allowing an additional amount of Medicare benefit to be paid for bulk-billed services under certain conditions, enabling practice nurses to administer immunisations under specified conditions, and enabling practice nurses to provide wound management under specified conditions. These amendments were intended to improve the accessibility and scope of medical services available to eligible persons.

Scope and Application

The Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2) operates under the authority of the Health Insurance Act 1973, which mandates the provision of Medicare benefits for eligible persons through the calculation of fees for medical services as outlined in prescribed tables. The Regulations apply to medical practitioners, practice nurses, and other healthcare providers involved in the delivery of services covered by the General Medical Services Table. These amendments introduce new items to the table, thereby extending the scope of services for which Medicare benefits can be claimed. The Regulations are applicable nationally, as they are made under the Commonwealth Act and therefore have jurisdiction across Australia. There are no exclusions, exemptions, or thresholds specified in the text provided, although it is noted that the Regulations do not impose any conditions prior to their exercise. The application and interpretation of these Regulations may be further defined through subordinate instruments, ensuring their effective implementation and adherence within the healthcare sector.

Key Provisions

The Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2) primarily amend the existing table of medical services under the Health Insurance Act 1973. Regulation 3 amends the Health Insurance (General Medical Services Table) Regulations 2003 by introducing three new items to the table of medical services and prescribing fees for these new services (Reg. 3, Sch. 1). These new items are 10990, 10993, and 10996. Item 10990 allows for an additional Medicare benefit payment for unreferred services that are bulk billed and provided to individuals under the age of 16 or to Commonwealth concession card holders, provided these individuals are not admitted patients at a hospital or day-hospital facility (Item 10990, Sch. 1). Item 10993 enables practice nurses to administer immunisations under certain conditions, such as being supervised by a medical practitioner (Item 10993, Sch. 1). Similarly, Item 10996 allows practice nurses to provide wound management services under the supervision of a medical practitioner (Item 10996, Sch. 1). The Regulations impose several obligations and requirements on parties involved in providing medical services. Firstly, medical practitioners and practice nurses must adhere to the conditions specified for administering immunisations and providing wound management, including being supervised by a medical practitioner (Rules 78 and 79, Sch. 1). Secondly, providers must ensure that the services they offer comply with the definitions and conditions outlined in the new items, such as the definition of "bulk-billed" and "unreferred service" for Item 10990 (Rule 77, Sch. 1). Furthermore, medical practitioners must accurately claim the additional benefits for bulk billed services under Item 10990, ensuring that they meet the eligibility criteria for the additional payments (Item 10990, Sch. 1). Breaches of these Regulations may lead to civil or criminal consequences. While the explanatory statement does not detail specific penalties, breaches of regulations under the Health Insurance Act 1973 can result in substantial fines and potential criminal charges for fraudulent claims or misrepresentation of services provided. The maximum penalties for such offences can vary, but they may include fines of up to $22,200 for individuals and higher for corporations, as well as potential imprisonment for more severe breaches. Compliance with these Regulations is therefore crucial for medical practitioners and practice nurses to avoid these penalties and ensure they are correctly remunerated for their services in accordance with the amended table of medical services.

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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.