EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Health Insurance Act 1973
Health Insurance (Positron Emission Tomography) Facilities Determination 2010
Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Minister may determine in writing 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 2009 which are remade each year.
A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003).
The Health Insurance (Positron Emission Tomography) Facilities Determination 2010 (the Determination) revokes and replaces the Health Insurance (Positron Emission Tomography) Facilities Determination 2009 (No. 2) (the Previous Determination) in order to make technical amendments to clarify the interpretation of several Medicare benefit items (as they contained a reference to a previously revoked determination). The Determination also allows the continued eligibility of Medicare benefit for positron emission tomography services.
Details of the Determination are set out in the Attachment.
The Determination commences on 1 July 2010.
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.
DIAGNOSTIC SERVICES BRANCH
DEPARTMENT OF HEALTH AND AGEING
JUNE 2010
ATTACHMENT
Notes on Sections
Section 1 – Name of Determination
Section 1 provides that the Determination is called the Health Insurance (Positron Emission Tomography) Facilities Determination 2010.
Section 2 – Commencement
Section 2 provides that the Determination commences on 1 July 2010.
Section 3 – Revocation of Health Insurance (Positron Emission Tomography) Facilities Determination 2009 (No. 2)
Section 3 provides that the Determination revokes the Health Insurance (Positron Emission Tomography) Facilities Determination 2009 (No. 2).
Section 4 – Interpretation
Subsection 4(1) defines terms used in the Determination.
Section 5 – Circumstances where this Determination applies
Section 5 specifies the circumstances in which the Determination applies. These circumstances are:
• that a written agreement between the owner or operator of the Positron Emission Tomography facility and the Commonwealth relating to the rendering of the service by the facility is in place; and
• where the service is rendered pursuant to a written request made by a specialist or consultant physician (other than the practitioner who renders the service) that the service was necessary and whose patient the person was.
Section 6 – Treatment of certain positron emission tomography services
Subsection 6(a) provides that a relevant service specified in the Schedule to the Determination shall be treated for the purposes of all provisions of the Act, regulations made under the Act, the National Health Act 1953 and the National Health Regulations 1954 that make provision in respect of professional services or medical services, as if it were both a professional service and a medical service.
Subsection 6(b) provides that a relevant service specified in the Schedule to the Determination shall be treated for the purposes of all provisions of the Act, regulations made under the Act, the National Health Act 1953 and the National Health Regulations 1954 that make provision in respect of professional services or medical services, as if there were an
R-type diagnostic imaging service in the Table that related to the service and specified a fee in respect of that service being the fee specified in the Schedule.
Section 7 – Certain positron emission tomography services – items and specifications etc
Section 7 provides that the provisions specified in section 7 shall have effect as if a relevant service and the items that relate to a relevant service by virtue of section 6(b) were also specified in those provisions specified in section 7.
The Schedule – Specified health services
The Schedule sets out the relevant services and assigns to the services the applicable item number, item descriptor and fee.