Health Insurance (Medicare Benefits Payable in Respect of Professional Services – Palm Island New Company & Palm Island Community Company) Direction 2021

Administered by Department of Health, Disability and Ageing

Legislation au F2021N00162 Not in force Notifiable Instrument

Legislation content

AUSTRALIAN GOVERNMENT

DEPARTMENT OF HEALTH

 

HEALTH INSURANCE ACT 1973

 

 

Health Insurance (Medicare Benefits Payable in Respect of Professional Services – Palm Island New Company & Palm Island Community Company) Direction 2021

 

I, Greg Hunt, Minister for Health and Aged Care, acting under subsection 19(2) of the Health Insurance Act 1973 (the Act) hereby:

 

(1)          DIRECT that, subject to clause (2), medicare benefits shall be payable in respect of:

(a)   a non-referred professional service provided by, or on behalf of, a salaried medical practitioner, participating midwife or participating nurse practitioner; and

(b)   a referred professional service provided by a salaried allied health professional,  dental health professional, optometrist, Aboriginal and Torres Strait Islander Health Practitioner or Aboriginal health worker;

employed or engaged by the Palm Island New Company Ltd (ABN: 14 640 793 728) or the Palm Island Community Company Ltd (ABN: 64 126 800 682).

 

(2)          This Direction does not apply to a professional service

(a)   specified in an item in the Health Insurance (Section 3C General Medical Services – General Practice Attendance for Assessing Patient Suitability for a COVID-19 Vaccine) Determination 2021[1], as in force from time to time; and

(b)   provided at or from a COVID-19 General Practitioner Led Respiratory Clinic, including a COVID-19 General Practitioner Led Respiratory Clinic that is operated by the Palm Island New Company Ltd (ABN: 14 640 793 728) or the Palm Island Community Company Ltd (ABN: 64 126 800 682).  

 

Note:  A number of expressions used in this Direction are defined in the Act, including:

  • participating midwife;
  • participating nurse practitioner;
  • professional service.

This Direction shall have effect from the date of signature until 30 June 2024 inclusive, unless earlier revoked.

 

Dated this  30th day of June 2021.

 

 

 

 

The Hon Greg Hunt

Minister for Health and Aged Care

[1] Health services specified in the Health Insurance (Section 3C General Medical Services – General Practice Attendance for Assessing Patient Suitability for a COVID-19 Vaccine) Determination 2021 are treated as professional services for the purposes of the Health Insurance Act 1973 by the operation of subsection 3C(1) of the Health Insurance Act 1973.

Overview

The Health Insurance (Medicare Benefits Payable in Respect of Professional Services – Palm Island New Company & Palm Island Community Company) Direction 2021 was enacted by the Australian Government Department of Health in 2021 to address the specific healthcare needs of the Palm Island community. This direction, made under the authority of the Health Insurance Act 1973, facilitates the payment of Medicare benefits for professional services provided by certain health professionals employed by the Palm Island New Company Ltd and the Palm Island Community Company Ltd. The policy objective is to ensure that eligible medical services rendered by these entities are appropriately reimbursed under the Medicare scheme, thereby enhancing healthcare accessibility and continuity for the residents of Palm Island. This direction is effective from the date of signature until 30 June 2024, unless revoked earlier.

Scope and Application

The Health Insurance (Medicare Benefits Payable in Respect of Professional Services – Palm Island New Company & Palm Island Community Company) Direction 2021 applies to the professional services provided by specific health professionals employed or engaged by the Palm Island New Company Ltd or the Palm Island Community Company Ltd. The Direction allows for the payment of Medicare benefits for non-referred services provided by salaried medical practitioners, participating midwives, and participating nurse practitioners, as well as for referred services provided by salaried allied health professionals, dental health professionals, optometrists, Aboriginal and Torres Strait Islander Health Practitioners, and Aboriginal health workers employed by these entities. The Direction is applicable within the framework of the Health Insurance Act 1973 and operates from the date of signature until 30 June 2024, unless revoked earlier. Notably, this Direction excludes certain professional services specified in the Health Insurance (Section 3C General Medical Services – General Practice Attendance for Assessing Patient Suitability for a COVID-19 Vaccine) Determination 2021, as well as those provided at or from a COVID-19 General Practitioner Led Respiratory Clinic, regardless of the entity operating the clinic.

Key Provisions

The primary operative sections of this Direction specify that Medicare benefits are to be payable for certain professional services provided by the Palm Island New Company Ltd and Palm Island Community Company Ltd. Specifically, section (1) indicates that benefits will be provided for non-referred services from salaried medical practitioners, participating midwives, or participating nurse practitioners, and for referred services from salaried allied health professionals, dental health professionals, optometrists, Aboriginal and Torres Strait Islander Health Practitioners, and Aboriginal health workers, who are employed or engaged by the mentioned companies. However, section (2) clarifies that this Direction does not apply to professional services specified in the Health Insurance (Section 3C General Medical Services – General Practice Attendance for Assessing Patient Suitability for a COVID-19 Vaccine) Determination 2021, nor to those provided at or from a COVID-19 General Practitioner Led Respiratory Clinic, even if operated by the Palm Island New Company Ltd or Palm Island Community Company Ltd. The obligations and requirements imposed by this Direction on the parties involved primarily revolve around the provision of eligible professional services within the scope defined. The Palm Island New Company Ltd and Palm Island Community Company Ltd must ensure that the professional services they offer are within the specified categories and not excluded under the exceptions mentioned. Additionally, these companies must maintain records and compliance with the Medicare Benefits Schedule to ensure that the services they provide are eligible for Medicare benefits. This involves clear documentation of the nature of the services provided, the qualifications of the service providers, and the circumstances under which the services are delivered, ensuring they fall within the parameters set out in the Direction. In terms of offences, penalties, or consequences for non-compliance, the Direction does not explicitly detail specific penalties within its text. However, any breaches of the Health Insurance Act 1973 or related regulations could potentially result in civil or criminal penalties, depending on the nature and severity of the breach. Under the Health Insurance Act 1973, offences could attract penalties such as fines, which could be substantial based on the prescribed penalty units. Additionally, the Australian Government may take action to revoke the Direction if it is found that there are significant breaches or non-compliance issues that undermine the integrity of the Medicare scheme.

Legal classification tags

Area of Law
Health Law
Medicare Law
Instrument
Direction
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Professional Service

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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.