EXPLANATORY STATEMENT
SUBJECT - HEALTH INSURANCE ACT 1973
HEALTH INSURANCE REGULATIONS (AMENDMENT)
1990 No. 25
ISSUED ON THE AUTHORITY OF THE MINISTER FOR COMMUNITY SERVICES AND HEALTH
Section 133 of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 19A(1) of the Act provides that such regulations may provide that, unless the Minister otherwise directs, medicare benefits are not payable in respect of professional services rendered in prescribed circumstances. Subsection 19A(2) provides that, in the case of professional services other than pathology services, such regulations shall not be made except in accordance with a recommendation made to the Minister by the Medicare Benefits Advisory Committee.
Subregulation 2ADB(1) of the Health Insurance Regulations provides that, unless the Minister otherwise directs, medicare benefits are not payable in respect of professional services rendered in prescribed circumstances. Subregulation 2ADB(2) sets out what these prescribed circumstances are.
The Minister for Community Services and Health has approved a recommendation made by the Medicare Benefits Advisory Committee that medicare benefits should not be payable for the removal of tatoos. The proposed Regulations have, therefore, amended regulation 2ADB to implement this recommendation. Specifically, subregulation 2ADB(2) has been amended to include, as ‘prescribed circumstances’ for the purposes of subregulation 2ADB(1), professional services rendered for the purpose of, or related to, the removal of tatoos.