EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Service) Amendment Determination (No.2) 2011
Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Minister may determine in writing that a health service not listed in the Diagnostic Imaging 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 (Diagnostic Imaging Services Table) Regulations which are remade each year.
The purpose of this amending determination is to amend the Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI) Service Determination 2009 (the Determination) to enable Medicare-eligible Magnetic Resonance Imaging (MRI) services to continue under the Determination after 31 December 2011. It also requires Regional Imaging Pty Limited (RIL) to provide these services to patients in accordance with a new funding agreement. Both the Determination and funding agreement will now cease on 30 June 2013
The Determination and the Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Service) Amendment Determination 2011 enabled patients in Gippsland and South Eastern NSW to have access to Medicare-eligible MRI services while a new funding agreement was being negotiated. Regional Imaging Pty Limited and the Commonwealth as represented by the Department of Health Ageing have now negotiated a new funding agreement which has been signed by both parties.
A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Service Amendment Determination (No. 2) 2011 (the Amending Determination) are set out in the Attachment.
This Amending Determination incorporates the funding agreement between the Department of Health and Ageing and Regional Imaging Pty Limited as in force on 1 January 2012. It also incorporates the Health Insurance (Diagnostic Imaging Services Table) Regulations which are remade every year.
Consultation
The Department of Health and Ageing has consulted with Regional Imaging Pty Limited about the continuation of the mobile MRI service. No consultation was undertaken in the making of the Amending Determination as the instrument is machinery in nature and does not substantially alter existing arrangements.
The Amending Determination commences on 31 December 2011 and ceases to have effect at the end of 30 June 2013.
DIAGNOSTIC SERVICES BRANCH
DEPARTMENT OF HEALTH AND AGEING
November 2011
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE (GIPPSLAND AND SOUTH EASTERN NEW SOUTH WALES MOBILE MRI SERVICE) AMENDMENT DETERMINATION (No.2) 2011
Section 1 Name of Determination
This section provides that the name of the Amending Determination is the Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Service) Amending Determination (No.2) 2011.
Section 2 Commencement
This section provides that the Amending Determination commences on 31 December 2011.
Section 3 Amendment of the Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Service) Determination 2009
This section provides that the Schedule of the Amending Determination amends the Determination.
Schedule Amendments
Item 1 deletes the previous date of cessation and inserts a new date of cessation
Item 2 inserts a definition of ‘diagnostic imaging services table.’ This is a minor technical amendment which streamlines the definitions used in the Determination.
Item 3 deletes the definition of ‘eligible equipment.’ This definition is no longer required as there is a new funding agreement with Regional Imaging Pty Limited and the Department of Health and Ageing.
Item 4 deletes the definition of ‘eligible location.’ This definition is no longer required as there is a new funding agreement with Regional Imaging Pty Limited and the Department of Health and Ageing.
Item 5 inserts a definition of ‘funding agreement.’ Paragraph 5(1)(b) now requires the services to be performed in accordance with the new funding agreement.
Item 6 deletes paragraph 4(2)(d) which states that a reference to the Health Insurance (Diagnostic Imaging Services Table) Regulations is a reference to regulations made under the Health Insurance Act 1973. This is no longer required as paragraph 4(2)(c) makes it clear that any legislation (and this would include regulations) such as the Health Insurance (Diagnostic Imaging Services Table) Regulations shall be interpreted as a reference to legislation that is in force from time to time.
Item 7 inserts a requirement for the services to be performed in accordance with the new funding agreement.
Item 8 inserts a reference to ‘diagnostic imaging services table.’ It also refers to Part 2 of the diagnostic imaging services table. These are minor technical amendments which streamline terms used in the Determination.
Item 9 inserts a reference to ‘diagnostic imaging services table.’ It also refers to Part 2 of the diagnostic imaging services table. These are minor technical amendments which streamline terms used in the Determination.
Item 10 inserts a reference to ‘diagnostic imaging services table.’ It also refers to Part 2 of the diagnostic imaging services table. These are minor technical amendments which streamline terms used in the Determination.
Item 11 inserts a reference to ‘diagnostic imaging services table.’ It also refers to Part 2 of the diagnostic imaging services table. These are minor technical amendments which streamline terms used in the Determination.
Item 12 inserts a reference to ‘diagnostic imaging services table.’ It also refers to Part 2 of the diagnostic imaging services table. These are minor technical amendments which streamline terms used in the Determination.