Health Insurance (Indium-labelled Octreotide Study) Determination 2010

Administered by Department of Health, Disability and Ageing

Legislation au F2010L01654 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health and Ageing

 

Health Insurance Act 1973

 

Health Insurance (Indium-labelled Octreotide Study) Determination 2010

 

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 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 is 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).

 

In 1999, the Medical Services Advisory Committee (MSAC) undertook a review of Indium-labelled Octreotide Scintigraphy, a diagnostic service used to determine gastro-entero-pancreatic endocrine tumours.  MSAC recommended and the Minister for Health and Aged Care approved, public funding for the Indium-labelled Octreotide Study service.  Funding for the service was initially introduced under Health Insurance Determination HS/3/1999 due to the high cost of the service and the need to maximise scope to control use of the service should inappropriate billing become apparent.  The Medicare fee for the Indium-labelled Octreotide Study service specified in the Health Insurance Determination HS/3/1999 was subsequently revised by the Health Insurance Determination HS/4/2001 and Health Insurance Determination HS/8/2002, in line with general indexations of nuclear medicine imaging items in November 2001 and November 2002 respectively.

 

The Health Insurance (Indium-labelled Octreotide Study) Determination HS/03/2004 (the 2004 Determination) revoked and replaced the above 3C Determinations.  This was done to simplify and update the arrangements for the funding of Indium-labelled Octreotide Study; and to revise the Medicare fee in respect of the service specified in the 2004 Determination to ensure that it was consistent with the fee indexation of all nuclear medicine items in the Health Insurance (Diagnostic Imaging Services Table) Regulations 2004.  The Health Insurance (Indium-labelled Octreotide Study) Determination HS/09/2006 (the 2006 Determination) revoked and replaced the 2004 Determination for similar reasons.

 

The Health Insurance (Indium-labelled Octreotide Study) Determination 2010 revokes the 2006 Determination because the service specified in the 2006 Determination is added to the Table from 1 July 2010.  The service is added to the Table because it is no longer necessary to monitor and evaluate the volume of the service and cost to the Medicare outlays.  The addition of the Indium-labelled Octreotide Study service to the Table will also ensure that the service is managed in the same way as all other Medicare eligible nuclear medicine services from 1 July 2010.

 

Consultation

No consultation was undertaken in the making of this Determination as the instrument is machinery in nature and does not substantially alter existing arrangements.  

 

Details of the Determination are set out in the Attachment.

 

This Determination commence on 1 July 2010.


ATTACHMENT

 

DETAILS OF THE HEALTH INSURANCE (INDIUM-LABELLED OCTREOTIDE STUDY) DETERMINATION 2010

 

 

Section 1 Name of Determination

 

Section 1 provides that the name of the Determination is the Health Insurance (Indium-labelled Octreotide Study) Determination 2010.

 

Section 2  Commencement

 

Section 2 provides that the Determination commences on 1 July 2010.

 

Section 3 Revocation

 

Section 3 provides that the Determination revokes the Health Insurance (Indium-labelled Octreotide Study) Determination HS/09/2006.

Overview

The Health Insurance (Indium-labelled Octreotide Study) Determination 2010, enacted by the Australian Parliament, is a legislative instrument aimed at integrating the Indium-labelled Octreotide Study service into the existing Medicare framework. This determination was introduced to address the need for the service to be managed consistently with other nuclear medicine services, following its evaluation by the Medical Services Advisory Committee in 1999. The primary objective of this determination is to remove the necessity for separate monitoring and evaluation of the service's volume and cost, allowing it to be overseen like other Medicare-eligible nuclear medicine services from 1 July 2010. The enactment of this determination by the Minister for Health and Ageing under the Health Insurance Act 1973 ensures that the service is now listed in the diagnostic imaging services table, thus streamlining its administration and funding within the Medicare system.

Scope and Application

The Health Insurance (Indium-labelled Octreotide Study) Determination 2010 applies to the Indium-labelled Octreotide Study, a diagnostic imaging service used to determine gastro-entero-pancreatic endocrine tumours. This Determination operates under the Health Insurance Act 1973, which governs the administration and funding of medical services in Australia. The Act applies to all persons and entities involved in the provision of health services, including healthcare providers, patients, and health insurers. The Determination itself, being a legislative instrument, has a national reach across the Commonwealth of Australia. The Determination revokes the previous Health Insurance (Indium-labelled Octreotide Study) Determination HS/09/2006, made under subsection 3C(1) of the Act, to streamline the arrangements for the funding of the specified diagnostic service. This change comes into effect from 1 July 2010, aligning the service with other Medicare eligible nuclear medicine services, as it is no longer necessary to monitor and evaluate the volume of the service and its cost to the Medicare outlays. The Determination does not explicitly state any exclusions or exemptions, and the addition of the service to the diagnostic imaging services table ensures consistent management with other similar services.

Key Provisions

The Health Insurance (Indium-labelled Octreotide Study) Determination 2010 (sections 1-3) specifies the name of the determination, its commencement date, and the revocation of a previous determination. Specifically, Section 1 names the determination as the Health Insurance (Indium-labelled Octreotide Study) Determination 2010, while Section 2 indicates that the determination commences on 1 July 2010. Section 3 revokes the Health Insurance (Indium-labelled Octreotide Study) Determination HS/09/2006, making the 2010 determination the current instrument governing the service. Under this determination, the primary obligation is the addition of the Indium-labelled Octreotide Study service to the diagnostic imaging services table in the Health Insurance (Diagnostic Imaging Services Table) Regulations. This addition is effective from 1 July 2010, ensuring that the service is managed like all other Medicare-eligible nuclear medicine services. The determination also facilitates the removal of the need to monitor and evaluate the volume of the service and its cost to Medicare outlays, as the service is now included in the table. The determination imposes a requirement on relevant parties, including healthcare providers and Medicare, to adhere to the updated arrangements for the funding and indexing of the Indium-labelled Octreotide Study service. This includes ensuring that the service is billed and reimbursed according to the fees specified in the Health Insurance (Diagnostic Imaging Services Table) Regulations, which are indexed in line with other nuclear medicine items. There are no specific offences, penalties, or civil/criminal consequences outlined in the determination itself. However, any breaches of the Health Insurance Act 1973 or related regulations, including improper billing or misuse of the service, could result in civil or criminal penalties under the general provisions of the Act. Such penalties may include fines, imprisonment, or both, depending on the nature and severity of the breach. The maximum penalties for offences under the Act are detailed in the relevant sections of the Act and could vary based on the specific circumstances of the case.

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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.