EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Positron Emission Tomography) Facilities Determination 2011
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 2010, which are remade each year.
A determination made under subsection 3C(1) is a legislative instrument (see subsection 3C(4) of the Act and paragraph 6(d) of the Legislative Instruments Act 2003).
Background
PET was originally assessed by the Medical Services Advisory Committee (MSAC) in 2000 and 2001, which found there was insufficient evidence to recommend unrestricted funding through Medicare. Seven facilities were given access to a wide range of Medicare items for PET, to allow them to collect data to support further assessment. These PET services are currently made available under the Health Insurance (Positron Emission Tomography) Facilities Determination 2010 (No 2) (the 2010 Determination).
The data collection process undertaken by the seven facilities has now been completed and associated MSAC assessments have been finalised. It was announced in the 2011-12 Budget that MSAC recommended PET services will be added to the Health Insurance (Diagnostic Imaging Service Table) Regulations 2010, making Medicare rebates available at all Medicare-eligible PET facilities from 1 July 2011. The 2010 Determination is therefore redundant and can now be revoked.
The Health Insurance (Positron Emission Tomography) Facilities Determination 2011 revokes the 2010 Determination.
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.