Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018

Administered by Department of Health, Disability and Ageing

Legislation au F2018L00767 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the Authority of the Minister for Health

 

Health Insurance Act 1973

 

Health Insurance (Section 3C Cataract and Optometric Services) Amendment Determination 2018

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) authorises the Minister to, by legislative instrument, determine that a health service not specified in an item in the general medical services table (GMST) shall be treated, in specified circumstances for the purpose of specified statutory provisions of the Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if it were both a professional service and medical service and as if it were an item specified in the GMST.

 

The GMST is set out in the Health Insurance (General Medical Services Table) Regulations made under subsection 4(1) of the Act, which is re-made each year.

 

Purpose

The purpose of the Health Insurance (Section 3C Cataract and Optometric Services) Amendment Determination 2018 (the Amendment Determination) is to amend the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017 (Cataract Determination) and the Health Insurance (Optometric services) Determination 2016 (Optometric Determination).

 

The Cataract Determination and the Optometric Determination both apply clauses contained in the GMST. The GMST remake, commencing from 1 July 2018 as the Health Insurance (General Medical Service Table) Regulations 2018, results in a number of clauses being renumbered.

 

The Amendment Determination amends the Cataract Determination and the Optometric Determination to reflect the renumbered clauses of the remade GMST in the application of certain items.

 

Consultation

No consultation was undertaken for this Amendment Determination as the changes are machinery in nature.

 

Commencement

This Amendment Determination commences immediately after the commencement of the Health Insurance (General Medical Services Table) Regulations 2018.

 

The Act specifies no conditions which need to be met before the power to make the Amendment Determination may be exercised.

 

This Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of the Amendment Determination are set out in the Attachment.

 

 

 

ATTACHMENT

Details of the Health Insurance (Section 3C Cataract and Optometric Services) Amendment Determination 2018

Section 1 – Name of Determination

Section 1 provides that the name of the Amendment Determination is the Health Insurance (Section 3C Cataract and Optometric Services) Amendment Determination 2018 (the Amendment Determination). 

Section 2 Commencement

Section 2 provides that the Amendment Determination commences immediately after the commencement of the Health Insurance (General Medical Services Table) Regulations 2018.  

Section 3 Authority

Section 3 provides that the Amendment Determination is made under section 3C(1) of the Health Insurance Act 1973.

Section 4 – Schedules

Section 4 provides that the Schedules to the Amendment Determination amend each instrument specified in the Schedules. The instruments referred to in Schedule 1 and 2 are the Health Insurance (Section 3C General Medical Services Cataract) Determination 2017 (Cataract Determination) and the Health Insurance (Optometric services) Determination 2016 (Optometric Determination).

Schedule 1 Amendments

The Amendment Determination amends the Cataract Determination to reflect the renumbered clauses of the Health Insurance (General Medical Service Table) Regulations 2018 in the application of certain items.

Items 1 to 3 of Schedule 1 amend the Cataract Determination.

Schedule 2 – Amendments

The Amendment Determination amends the Optometric Determination to reflect the renumbered clauses of the Health Insurance (General Medical Service Table) Regulations 2018 in the application of certain items.

Items 1 and 2 of Schedule 2 amend the Optometric Determination.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Health Insurance (Section 3C Cataract and Optometric Services) Amendment Determination 2018

 

This Amendment Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The Amendment Determination amends the Health Insurance (Section 3C General Medical Services —Cataract) Determination 2017 and the Health Insurance (Optometric services) Determination 2016 to reflect the renumbered clauses of the Health Insurance (General Medical Service Table) Regulations 2018 in the application of certain items in the determinations.

Human rights implications

The Amendment Determination engages Articles 9 and 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to health and social security.

The Right to Health

The right to the enjoyment of the highest attainable standard of physical and mental health is contained in Article 12(1) of the ICESCR. The UN Committee on Economic Social and Cultural Rights (the Committee) has stated that the right to health is not a right for each individual to be healthy, but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

The Committee reports that the ‘highest attainable standard of health’ takes into account the country’s available resources. This right may be understood as a right of access to a variety of public health and health care facilities, goods, services, programs, and conditions necessary for the realisation of the highest attainable standard of health.

The Right to Social Security

The right to social security is contained in Article 9 of the ICESCR. It requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care. Countries are obliged to demonstrate that every effort has been made to use all resources that are at their disposal in an effort to satisfy, as a matter of priority, this minimum obligation.

The Committee reports that there is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under ICESCR. In this context, a retrogressive measure would be one taken without adequate justification that had the effect of reducing existing levels of social security benefits, or of denying benefits to persons or groups previously entitled to them. However, it is legitimate for a Government to re-direct its limited resources in ways that it considers to be more effective at meeting the general health needs of all society, particularly the needs of the more disadvantaged members of society.

Analysis

This Amendment Determination will maintain rights to health and social security by ensuring access to publicly subsidised health services which are clinically effective and cost-effective.

Conclusion

This Amendment Determination is compatible with human rights, in particular, the rights to health and social security.

 

 

Natasha Ryan

Assistant Secretary

MBS Policy and Specialist Services Branch

Medical Benefits Division

Department of Health

 

 

Overview

The Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018 was enacted to address the renumbering of clauses in the Health Insurance (General Medical Service Table) Regulations 2018, which necessitated amendments to the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017 and the Health Insurance (Optometric services) Determination 2016. This Amendment Determination ensures that the relevant items in these determinations reflect the updated clause numbers in the General Medical Services Table (GMST). It was made under subsection 3C(1) of the Health Insurance Act 1973 by the Minister for Health. The policy objective of the Amendment Determination is to maintain access to publicly subsidised health services that are both clinically effective and cost-effective, thereby upholding the rights to health and social security as recognised under international human rights instruments. The Amendment Determination aims to align the Cataract and Optometric Determinations with the renumbered clauses in the GMST, thereby preserving the integrity and applicability of these services within the legislative framework of the Health Insurance Act 1973. By doing so, it ensures that the provisions for cataract and optometric services remain consistent with the updated regulations, facilitating the continued provision of essential health services to the public. This legislative instrument is compatible with human rights, particularly the rights to health and social security, by maintaining access to necessary medical services under the Health Insurance Act.

Scope and Application

The Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018 is a legislative instrument that amends the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017 and the Health Insurance (Optometric Services) Determination 2016. This Amendment Determination applies to services and items specified within these determinations, aligning them with the renumbered clauses of the Health Insurance (General Medical Service Table) Regulations 2018. The Amendment Determination is designed to ensure that the application of certain items in these determinations remains accurate and consistent following the renumbering of clauses in the General Medical Services Table. It operates within the framework established by the Health Insurance Act 1973 and does not introduce any new substantive changes beyond aligning with the renumbered clauses. The Amendment Determination is a direct response to changes in the GMST, ensuring that the application of health insurance provisions remains aligned with updated regulations. It is compatible with human rights as it maintains rights to health and social security by ensuring access to publicly subsidised health services that are clinically effective and cost-effective.

Key Provisions

The Health Insurance (Section 3C – Cataract and Optometric Services) Amendment Determination 2018 (Amendment Determination) amends the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017 and the Health Insurance (Optometric services) Determination 2016. These amendments are necessary due to the renumbering of clauses in the Health Insurance (General Medical Service Table) Regulations 2018. Section 3 of the Amendment Determination provides the authority under which it is made, citing section 3C(1) of the Health Insurance Act 1973. The Amendment Determination is effective immediately following the commencement of the Health Insurance (General Medical Services Table) Regulations 2018, as specified in Section 2. The Amendment Determination imposes obligations on relevant parties to ensure that the renumbered clauses in the Health Insurance (General Medical Service Table) Regulations 2018 are correctly applied in the Cataract and Optometric Determinations. This ensures consistency and accuracy in the application of these services under the Health Insurance Act 1973. Parties governed by these determinations must align their practices with the updated regulations to ensure compliance with the statutory provisions and to maintain the integrity of the health insurance framework. The Amendment Determination itself does not establish specific offences or penalties for non-compliance. However, failure to comply with the updated regulations and determinations may lead to consequences under the Health Insurance Act 1973 or other related legislation. Such consequences could include financial penalties, legal action, or other regulatory sanctions. The precise penalties would depend on the nature and extent of the non-compliance, as well as the specific provisions of the Health Insurance Act 1973 and related regulations. It is essential for all parties involved to stay informed and compliant with the updated determinations to avoid potential repercussions.

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