EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance (LeukoScan) Determination 2010
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(4) is a legislative instrument (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003)
In 2003, the Medical Services Advisory Committee (MSAC) undertook a review of the use of LeukoScan, which is a diagnostic test used to detect osteomyelitis (an infection of the bone). MSAC found that LeukoScan was safe, effective and more costly than other methods of white blood cell scanning. MSAC recommended LeukoScan funding for patients who do not have access to conventional white blood cell scanning, or for whom conventional scanning is contra-indicated. The then Minister for Health and Ageing approved the MSAC recommendation in August 2003.
LeukoScan was first introduced in 2004 under a 3C Determination because it was unclear what the impact on overall nuclear medicine outlays or level of usage would be. The Health Insurance (LeukoScan) Determination HS/02/2004 (the 2004 Determination) provided that the LeukoScan diagnostic imaging service specified in the Determination is to be treated as if it were listed in the Table.
The 2004 Determination was revoked and remade by the Health Insurance (LeukoScan) Determination HS/08/2006 (the 2006 Determination). The 2006 Determination: (i) revised the wording of various provisions in the Determination to reflect updated drafting practices; (ii) clarify the operation of certain provisions in the Determination; and (iii) provide for an increase in the fee in line with the fee increase that was applied to nuclear medicine services in the Table from 1 November 2006.
The Health Insurance (LeukoScan) 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 as a result of low usage and no anomalies in the service. The addition of the LeukoScan 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 commences on 1 July 2010.
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE (LEUKOSCAN) DETERMINATION 2010
Section 1 Name of Determination
Section 1 provides that the name of the Determnation is the Health Insurance (LeukoScan) 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 (LeukoScan) Determination HS/08/2006.