EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Health Insurance Act 1973
Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015
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 Pathology 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 regulations made under subsection 4(A)(1) of the Act, which is re-made each year. The most recent version of the regulations is the
Health Insurance (Pathology Services Table) Regulation 2015 (the regulation) which commences on 1 July 2015.
The Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015 revokes the Health Insurance (HbA1c Test for Diagnosis of Diabetes) Determination 2014 as the item number (66841) contained in the 2014 Determination has been incorporated into the Regulation to commence on 1 July 2015, and will continue as an item of the Regulation.
Consultation
An application requesting MBS listing of HbA1c testing for the diagnosis of diabetes mellitus
(diabetes) was received from the Australian Diabetes Society, the Royal College of
Pathologists of Australasia and the Australasian Association of Clinical Biochemists by the
Department of Health in May 2012. The application was considered by the Medical Services Advisory Committee (MSAC) in April 2014. MSAC considered that access to HbA1C testing for diabetes diagnosis was clinically relevant and would provide a safe, effective and cost effective alternative to conventional testing and would improve patient compliance and early detection of diabetes. Therefore, MSAC recommended that public funding be supported for this service.
Details of the Determination are set out in the Attachment.
The Act specifies no conditions which need to be met before the power to make the Determination may be exercised.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This Determination commences on 1 July 2015.
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE (HBA1C TEST FOR DIAGNOSIS OF DIABETES) REVOCATION DETERMINATION 2015
Section 1 Name of Determination
Section 1 provides that the name of the Determination is the Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015.
Section 2 Commencement
Section 2 provides that the Determination commences on 1 July 2015.
Section 3 Revocation
Section 3 provides that the Determination revokes the Health Insurance (HbA1c Test for Diagnosis of Diabetes) Determination 2014.
Overview
The Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015 is an instrument under the Health Insurance Act 1973, enacted to address the need for a more effective and efficient method for diagnosing diabetes. This revocation determination was issued by the Minister for Health and came into effect on 1 July 2015. Its primary purpose was to revoke the previous Health Insurance (HbA1c Test for Diagnosis of Diabetes) Determination 2014 because the item number (66841) related to HbA1c testing had been incorporated into the Health Insurance (Pathology Services Table) Regulation 2015, thereby rendering the earlier determination redundant. This legislative action reflects the policy objective of enhancing the diagnostic process for diabetes by ensuring that effective and cost-efficient testing methods are covered under the health insurance scheme.
Scope and Application
The Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015 applies to the Minister for Health who is empowered by the Health Insurance Act 1973 to determine certain health services not listed in the Pathology Services Table to be treated as if they were listed, in specified circumstances and for specified statutory provisions. The Act, which is Commonwealth legislation, applies to the entire nation and governs the provision of health services under the Medicare Benefits Schedule (MBS). This Determination revokes the previous Health Insurance (HbA1c Test for Diagnosis of Diabetes) Determination 2014, as the item number (66841) has been incorporated into the Health Insurance (Pathology Services Table) Regulation 2015, effective from 1 July 2015. The revocation ensures that the HbA1c test for the diagnosis of diabetes continues to be covered under the Regulation. The Determination is a legislative instrument under the Legislative Instruments Act 2003 and there are no specific exclusions, exemptions, or thresholds mentioned in the text. The application of the Act can be extended or restricted through subordinate instruments, such as the Regulations made under subsection 4(A)(1) of the Act.
Key Provisions
The Health Insurance (HbA1c Test for Diagnosis of Diabetes) Revocation Determination 2015 (section 1) specifies that the name of this Determination is as stated. This Determination (section 2) commences on 1 July 2015, which is the effective date for its application. The primary function of this Determination (section 3) is to revoke the Health Insurance (HbA1c Test for Diagnosis of Diabetes) Determination 2014. This revocation is due to the incorporation of item number 66841, which relates to the HbA1c test for diabetes diagnosis, into the Health Insurance (Pathology Services Table) Regulation 2015.
The Act imposes several obligations on parties and entities governed by it. These include ensuring compliance with the provisions of the Determination, particularly in relation to the revocation of the previous Determination and the integration of item number 66841 into the Regulation. Healthcare providers and insurers must adhere to the updated Regulation, which now includes the HbA1c test as a listed pathology service, thereby facilitating its billing and reimbursement under the Medicare Benefits Schedule (MBS). Additionally, the Act mandates that relevant stakeholders, such as the Australian Diabetes Society, the Royal College of Pathologists of Australasia, and the Australasian Association of Clinical Biochemists, must keep abreast of any changes to the Regulation to ensure continued compliance and effective service provision.
There are no specific offences, penalties, or civil/criminal consequences outlined within the Determination itself for breach of its provisions. However, any non-compliance with the Health Insurance Act 1973 or the updated Regulation could potentially lead to administrative actions or financial penalties imposed by the relevant authorities. The Act generally provides for enforcement mechanisms to ensure adherence to its provisions, although the exact consequences for non-compliance would be governed by the broader legal framework of the Act and associated regulations.