EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Health Insurance Act 1973
Health Insurance (Pharmacogenetic Testing – RAS (KRAS and NRAS)) Revocation Determination 2015
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 Pathology 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 regulations made under subsection 4(A)(1) of the Act, which is re-made each year. The most recent version of the regulations is the
Health Insurance (Pathology Services Table) Regulation 2015 which commenced on
1 July 2015.
The Health Insurance (Pharmacogenetic Testing – RAS (KRAS and NRAS)) Revocation Determination 2015 revokes the Health Insurance (Pharmacogenetic Testing – RAS (KRAS and NRAS)) Determination 2014. Revocation is required as the item number (73338) contained in the 2014 Determination will be incorporated into the Table from
1 September 2015 under amendments made in the Health Insurance Legislation Amendment (2015 Measures No. 1) Regulation 2015.
Consultation
No consultation was undertaken in regard to the Determination as the instrument does not alter current arrangements for patients or medical practitioners. The amendments are entirely machinery in nature. This Determination is required because on 1 September 2015 the Health Insurance Legislation Amendment (2015 measures No.1) Regulation 2015 inserted Medicare item 73338 into the Health Insurance (Pathology Services Table) Regulation 2015. From 1 September 2015, the 2014 Determination was no longer necessary to permit Medicare benefits continuing to be paid for item 73338.
On 3 October 2014 a submission was considered by the Medical Services Advisory Committee (MSAC) to expand Medicare access to accommodate expanded RAS mutation testing. MSAC provides advice to the Australian Government on evidence relating to the safety, effectiveness and cost‑effectiveness of new medical technology and procedures. MSAC reviews new or existing medical services or technology, and the circumstances under which public funding should be supported through listing on the MBS. As part of the MSAC process, consultation is undertaken with professional bodies, consumer groups, and the public and clinical experts. MSAC recommended that public funding be supported.
Details of the Determination are set out in the Attachment.
The Act specifies no conditions which need to be met before the power to make the Determination may be exercised.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This Determination commences on 1 September 2015.
ATTACHMENT
DETAILS OF THE HEALTH INSURANCE (PHARMACOGENETIC TESTING – RAS (KRAS AND NRAS)) REVOCATION DETERMINATION 2015
Section 1 Name of Determination
Section 1 provides that the name of the Determination is the Health Insurance (Pharmacogenetic Testing – RAS (KRAS and NRAS)) Revocation Determination 2015.
Section 2 Commencement
Section 2 provides that the Determination commences on 1 September 2015.
Section 3 Revocation
Section 3 provides that the Determination revokes the Health Insurance (Pharmacogenetic Testing – RAS (KRAS and NRAS)) Determination 2014.