EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Intracytoplasmic Sperm Injection) Determination 2007
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 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 (Intracytoplasmic Sperm Injection) Determination HS/02/2007
On 4 April 2007, the Minister for Health and Ageing made Health Insurance (Intracytoplasmic Sperm Injection) Determination HS/02/2007 (the Previous Determination) under subsection 3C(1) of the Act, which permitted the payment of Medicare benefit in relation to specified bone densitometry services.
The Previous Determination permits the payment of Medicare benefits in relation to intracytoplasmic sperm injection and sperm retrieval services for the purposes of intracytoplasmic sperm injection. These services are specified in the Schedule to the Previous Determination and concern the provision of intracytoplasmic sperm injection and sperm retrieval services to patients.
Paragraph 5(a) of the Previous Determination provided that a bone densitometry service specified in the Schedule to the Previous Determination was to be treated as if it were both a professional service and a medical service for the purposes of the provisions of the Act, the National Health Act 1953 and regulations made under each Act that make provision for medical services or professional services.
Paragraph 5(b) of the Previous Determination provided that a bone densitometry service specified in the Schedule to the Previous Determination was to be treated as if there were an item in the general medical services table that related to the service and specified a fee in respect of that service, being the fee mentioned in the Schedule to the Previous Determination for that service.
- Health Insurance (Intracytoplasmic Sperm Injection) Determination 2007
Health Insurance ((Intracytoplasmic Sperm Injection)) Determination 2007 (the Determination) remakes the Previous Determination and provides for an increase of 2.2 percent in the fees in respect of the services covered by the Determination. This fee increase is in line with the general fee increase that is being applied to most services in the Table from 1 November 2007.
Details of the Determination are set out in the Attachment.
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.
ATTACHMENT
Notes on sections
Section 1
Section 1 provides for the name of the Determination.
Section 2
Section 2 provides that the Determination commences on 1 November 2007.
Section 3
Section 3 provides that the Determination revokes Health Insurance ((Intracytoplasmic Sperm Injection)) Determination HS/02/2007.
Section 4
Subsection 4(1) defines terms used in the Determination.
A key term is 'relevant service' which means a service defined in paragraph 3C(8) of the Act that is specified in the Schedule to the Determination. There are six such relevant services in the Schedule.
Subsection 4(2) provides that a reference to a provision of an Act or regulations, including the Act, the National Health Act 1953 and the regulations made under these Acts, is a reference to the provision as in force from time to time (as authorised by subsection 3C(3) of the Act).
Section 5
Paragraph 5(a) provides that a relevant service specified in the Schedule to the Determination shall be treated as if it were both a professional service and a medical service for the purposes of the provisions of the Act, the National Health Act 1953 and regulations made under each Act that make provision for medical services or professional services.
Paragraph 5(b) provides that a relevant service specified in the Schedule to the Determination is to be treated as if there were an item in the general medical services table that related to the service and specified a fee in respect of that service, being the fee specified in the Schedule to the Determination in relation to the service.
Schedule
The Schedule sets out the relevant services and assigns to each service the applicable item number, item descriptor and fee.