Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L02099 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 (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1)

 

Operation and Background

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may determine in writing that a health service not specified in an item in the General Medical Services Table (the GMST) shall, in specified circumstances and for the purposes of specified statutory provisions, be treated as if it were specified in the GMST as appropriate.  The GMST is set out in the Health Insurance (General Medical Services Table) Regulations which are re-made each year.

 

New Medicare items for services provided by participating midwives and participating nurse practitioners were created through the Health Insurance (Midwife and Nurse practitioner) Determination 2010 (the 2010 Determination).

 

Medicare items for clinical support provided to a patient by a participating midwife or nurse practitioner at the patient-end of a video consultation with a specialist or consultant physician were created through the Health Insurance (Telehealth Services) Determination 2011 (the Telehealth Determination).  The Telehealth Determination ceased on 31 October 2011. These items were subsequently included in the Health Insurance (Midwife and Nurse Practitioner) Determination 2011, which revoked and remade the 2010 Determination.

 

Purpose

 

The purpose of the Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1) (the Determination) is to:

-          increase the fees for the midwife and nurse practitioner items with new fees that apply from 1 November 2012 due to the annual indexation typically applied to items in the GMST.  Indexation is not applied to Medicare pathology services, and fees for nurse practitioner pathology services (items 73828 – 73837) remain unchanged;

-          introduce a requirement that there be a minimum distance of 15kms by road between the specialist’s and the patient’s location for the midwife and nurse practitioner telehealth items 82150, 82151, 82152, 82220, 82221 and 82222.  These items provide for the payment of Medicare benefits for participating midwives and nurse practitioners providing clinical support to a patient located in a regional, remote or outer metropolitan area who is participating in a consultation with a specialist or consultant physician via video conference; and

-          implement minor technical amendments to nurse practitioner aged care telehealth items (82223, 82224 and 82225) so they are consistent in format to the amended nurse practitioner telehealth items 82220, 82221 and 82222.

 

The introduction of the requirement that the specialist or consultant physician is located at least 15 km by road from their patient at the time of the video consultation (‘the 15 km rule’) is aimed at ensuring that the items target services at patients for whom distance is a genuine barrier to accessing specialist services.  The minimum distance between the specialist or consultant physician and patient is to be determined by the direct road route.

 

The 15 km rule does not apply to video consultations if the patient is a patient of an Aboriginal Medical Service, or Aboriginal Community Controlled Health Service in relation to which a direction made under subsection 19(2) of the Act applies

Commencement

 

The Determination commences on 1 November 2012.

 

Details of the Determination are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Determination may be exercised.

 

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Consultation
 

The introduction of the 15km rule for the midwife and nurse practitioner telehealth items 82150, 82151, 82152, 82220, 82221 and 82222 implements the Australian Government Budget 2012-13 measure, Telehealth – redirection of funding. Stakeholders were advised of the details of the measure after it was announced in May 2012.

 


ATTACHMENT

 

Details of the Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1)

 

Part 1  Preliminary

 

Section 1 Name of Determination

 

This section provides that the name of the Determination is the Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1).

 

Section 2 Commencement

 

This section provides that the Determination commences on 1 November 2012.

Section 3 Amendment of the Health Insurance (Midwife and Nurse Practitioner) Determination 2011

This section provides that Schedule 1 of the Determination amends the Health Insurance (Midwife and Nurse Practitioner) Determination 2011.

 

Schedule 1 Amendments

 

Item [1] After subsection 7A(2)

 

This item inserts a new subsection 7A(3) which makes clear that the midwifery telehealth items 82150, 82151 and 82152 do not apply where the specialist or consultant physician providing the video consultation, or their patient, travels to a place to satisfy the 15 km rule.

 

Item [2] After subsection 13(2)

 

This item inserts a new subsection 13(3) which makes clear that the nurse practitioner telehealth items 82220, 82221, and 82222 do not apply where the specialist or consultant physician providing the video consultation, or their patient, travels to a place to satisfy the 15 km rule.

 

 

Item [3] Schedule 1, Part 1

 

This item sets out the indexed fee applicable to midwifery items 82100 – 82140.

 

Items [4], [5] and [6]  Schedule 1, Part 2,

 

These items introduce the new 15 km minimum distance requirement for midwifery telehealth items 82150, 82151 and 82152 and set out the indexed fees for these services.

 

Item [7] Schedule 2, Part 2

 

This item sets out the indexed fees applicable to nurse practitioner items 82200 – 82215. 

 

Items [8], [9] and [10] Schedule 2, Part 3

 

These items introduce the new 15 km minimum distance requirement for nurse practitioner telehealth items 82220, 82221 and 82222 and set out the indexed fees for these services.

 

Items [11], [12] and [13] Schedule 2, Part 3

 

These items amend items 82223, 82224 and 82225 so that they are consistent in format with the amended nurse practitioner telehealth items 82220, 82221 and 82222 and set out the indexed fees for these services.


 

 

Overview

The Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1) was enacted to address gaps in the provision of health services by midwives and nurse practitioners, particularly in relation to telehealth services. This determination amends the Health Insurance (Midwife and Nurse Practitioner) Determination 2011, which itself replaced the 2010 determination. The Health Insurance Act 1973 empowers the Minister for Health and Ageing to make such determinations to ensure that health services, not explicitly listed in the General Medical Services Table (GMST), are appropriately covered under Medicare when certain conditions are met. The policy objective of the 2012 Amendment Determination is to index the fees for midwife and nurse practitioner services in line with the typical adjustments applied to GMST items, introduce a minimum distance requirement for telehealth consultations to ensure these services genuinely target those for whom distance is a barrier, and make minor technical amendments to align certain telehealth items with the updated format. This amendment aims to enhance the accessibility and fairness of health services provided by midwives and nurse practitioners, ensuring they meet the needs of patients, particularly in remote and regional areas.

Scope and Application

The Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1) applies to the fees and conditions for services provided by participating midwives and nurse practitioners under the Health Insurance Act 1973. The Determination affects all individuals who provide or receive such services and includes new indexed fees for various midwifery and nurse practitioner items, effective from 1 November 2012. It also introduces a minimum distance requirement of 15 kilometres by road between the specialist or consultant physician and the patient for specific telehealth items, aiming to ensure these services target patients for whom distance is a genuine barrier to accessing specialist services. However, this 15 km rule does not apply if the patient is a client of an Aboriginal Medical Service or an Aboriginal Community Controlled Health Service. The Determination amends the Health Insurance (Midwife and Nurse Practitioner) Determination 2011, and while it is a legislative instrument, no specific conditions are set for its exercise. The Determination commenced on 1 November 2012 and is applicable nationally within Australia.

Key Provisions

The main provisions of the Health Insurance (Midwife and Nurse Practitioner) Amendment Determination 2012 (No. 1) include the indexing of fees for midwife and nurse practitioner services effective from 1 November 2012 (Items [3], [4], [5], [6], [7], [8], [9], and [10]). This amendment aligns with the typical annual indexation applied to items in the General Medical Services Table (GMST). Additionally, the Determination introduces a requirement that a minimum distance of 15 kilometres by road must exist between the specialist's and the patient’s location for specific telehealth items (Items [4], [5], [6], [8], [9], and [10]). This rule is designed to ensure that telehealth services target patients for whom distance is a genuine barrier to accessing specialist services. The 15 km rule is not applicable to video consultations involving patients of an Aboriginal Medical Service or an Aboriginal Community Controlled Health Service (Items [1] and [2]). Furthermore, the Determination includes minor technical amendments to nurse practitioner aged care telehealth items to maintain consistency in format with the amended nurse practitioner telehealth items (Items [11], [12], and [13]). The obligations imposed by the Determination on parties include ensuring that telehealth services provided under specified items comply with the newly introduced 15 km minimum distance requirement. Midwives, nurse practitioners, and specialists must verify that the direct road distance between the specialist and the patient meets this criterion. Additionally, service providers must accurately index and apply the new fees to the specified midwife and nurse practitioner items, reflecting the adjustments made effective from 1 November 2012. The Determination also requires that any changes in service provision or billing practices are aligned with the technical amendments to the nurse practitioner aged care telehealth items to maintain consistency. Failure to comply with the provisions of the Determination can lead to various consequences. Although specific penalties are not outlined in the provided text, breaches of legislative instruments generally attract penalties under the applicable legislation. For example, under the Health Insurance Act 1973, non-compliance could result in civil or criminal penalties, depending on the severity and intent of the breach. Typically, such penalties may include fines or other corrective measures to ensure adherence to the legislative requirements. The precise penalties would be determined based on the specific breach and the relevant legal frameworks governing health insurance and telehealth services.

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Area of Law
Health Law
Instrument
Determination
Concepts
Commencement Provisions
Fees & Charges
Prohibited Conduct
Regulatory Standards
Telehealth Services

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