Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00933 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Health Insurance Act 1973

 

Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) enables the Minister to determine, by legislative instrument, that a health service not specified in an item in the diagnostic imaging services table (the Table) is to be treated as if it were listed, under specified circumstances and statutory provisions.

 

The Table is established under the regulations made pursuant to section 4A of the Act. The current version of the regulations is the Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020 (the DIST).

 

This instrument is made under subsection 33(3) of the Acts Interpretation Act 1901 (AIA), which provides that a power to make a legislative or administrative instrument includes the power to repeal, rescind, revoke amend, or vary any that instrument in the same manner and subject to the same conditions.

 

Purpose

The purpose of the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 (the Repeal Determination) is to repeal the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024 (the Principal Determination) from 1 November 2025. The Principal Determination lists Medicare Benefits Schedule (MBS) item 63390 for an MRI scan of the cardiovascular system for the assessment of myocardial structure, function and characterisation.

 

From 1 November 2025, MBS item 63390 will be incorporated into the DIST via the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 (the Amendment Regulations). As the Principal Determination solely introduced item 63390, it will be repealed in full immediately after the commencement of the Amendment Regulations.

 

This change is administrative in nature. Patients will continue to have access to services under MBS item 63390.

Consultation

Consultation was not undertaken in relation to this change, as the repeal of the Principal Determination is administrative in nature. There is no impact on the practical arrangements for services provided under item 63390, and Medicare will continue to subsidise these services.

 

This explanation aligns with principle (d) of the Senate Standing Committee for the Scrutiny of Delegated Legislation, which requires justification where consultation has not occurred with stakeholders likely to be affected.

 

The Repeal Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Repeal Determination commences immediately after the commencement of the Amendment Regulations on 1 November 2025.

 

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

 

       

Authority:     Subsection 3C(1) of the

 Health Insurance Act 1973

ATTACHMENT

 

Details of the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025

 

Section 1 – Name

 

Section 1 provides for the instrument to be referred to as the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 (Repeal Determination).

 

Section 2 – Commencement

 

Section 2 provides for the Repeal Determination to commence immediately after the commencement of the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025.

 

Section 3 – Authority

 

Section 3 provides that the Repeal Determination is made under subsection 3C(1) of the Health Insurance Act 1973. This authorises the Minister to determine health services for inclusion in the Medicare Benefits Schedule (MBS) via legislative instrument.

 

Section 4 – Schedules

 

Section 4 provides that each instrument that is specified in a Schedule to this Repeal Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Repeal Determination has effect according to its terms.

 

Schedule 1 – Repeals


Item 1 of Schedule 1 repeals the whole of the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024. This repeal is necessary as item 63390 will be incorporated into the DIST from 1 November 2025, rendering the Principal Determination redundant.


Statement of Compatibility with Human Rights

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

 

Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025

 

This instrument 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 Repeal Determination

The purpose of the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 (the Repeal Determination) is to repeal the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024 (the Principal Determination) from 1 November 2025. The Principal Determination lists Medicare Benefits Schedule (MBS) item 63390 for an MRI scan of the cardiovascular system for the assessment of myocardial structure, function and characterisation.

 

From 1 November 2025, MBS item 63390 will be incorporated into the DIST via the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 (the Amendment Regulations). As the Principal Determination solely introduced item 63390, it will be repealed in full immediately after the commencement of the Amendment Regulations.

 

This change is administrative in nature. Patients will continue to have access to services under MBS item 63390.

Human rights implications

This instrument 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.

The right of equality and non-discrimination

The rights of equality and non-discrimination are contained in Articles 2, 16 and 26 of the International Covenant on Civil and Political Rights (ICCPR).  Article 26 of the ICCPR requires that all persons are equal before the law, are entitled without any discrimination to the equal protection of the law and in this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Analysis

This instrument does not affect the rights to health and social security or the right of equality and non-discrimination. Patients and medical practitioners will continue to access and provide diagnostic imaging services under MBS item 63390, which will be prescribed in the DIST from 1 November 2025.

Conclusion

This instrument is compatible with human rights as it maintains the right to health, the right

to social security and the right of equality and non-discrimination.

 

Mary Warner

Assistant Secretary

Diagnostic Imaging and Pathology Branch

Medicare Benefits and Digital Health Division

Health Resourcing Group

Department of Health, Disability and Ageing

Overview

The Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 (Repeal Determination) was enacted to repeal the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024 (Principal Determination) from 1 November 2025. This repeal is necessary as Medicare Benefits Schedule (MBS) item 63390, which pertains to an MRI scan of the cardiovascular system for the assessment of myocardial structure, function and characterisation, will be incorporated into the Diagnostic Imaging Services Table (DIST) via the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 (Amendment Regulations) on the same date. As the Principal Determination solely introduced item 63390, it will be repealed in full immediately after the commencement of the Amendment Regulations. This administrative change ensures that patients will continue to have access to services under MBS item 63390 without any interruption. The Repeal Determination was made under subsection 3C(1) of the Health Insurance Act 1973, which empowers the Minister to determine health services for inclusion in the MBS via legislative instrument. This change aligns with the principles of the Senate Standing Committee for the Scrutiny of Delegated Legislation, as there was no impact on the practical arrangements for services provided under item 63390 and Medicare will continue to subsidise these services. The Repeal Determination was introduced by the Department of Health, Disability and Ageing and 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. Specifically, it engages Articles 9 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), addressing the rights to health and social security, respectively. However, this instrument does not affect these rights or the right of equality and non-discrimination as patients and medical practitioners will continue to access and provide diagnostic imaging services under MBS item 63390, which will be prescribed in the DIST from 1 November 2025.

Scope and Application

The Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 applies to the repeal of the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024, which was established to list Medicare Benefits Schedule (MBS) item 63390 for an MRI scan of the cardiovascular system for the assessment of myocardial structure, function and characterisation. This repeal is necessary as item 63390 will be incorporated into the Diagnostic Imaging Services Table (DIST) via the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025. The repeal is made under the authority of subsection 3C(1) of the Health Insurance Act 1973, which empowers the Minister to determine health services for inclusion in the MBS via legislative instrument. The repeal determination will commence immediately after the commencement of the Amendment Regulations on 1 November 2025, ensuring that patients will continue to have access to services under MBS item 63390. The instrument is compatible with human rights, specifically engaging Articles 9 and 12 of the International Covenant on Economic, Social and Cultural Rights, which relate to the rights to health and social security. The repeal determination does not affect these rights or the right of equality and non-discrimination as patients and medical practitioners will continue to access and provide diagnostic imaging services under MBS item 63390.

Key Provisions

The Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Repeal Determination 2025 primarily repeals the Health Insurance (Section 3C Diagnostic Imaging Services – Cardiac MRI for Myocarditis) Determination 2024, which previously listed Medicare Benefits Schedule (MBS) item 63390 for an MRI scan of the cardiovascular system for the assessment of myocardial structure, function and characterisation. This repeal takes effect immediately after the Health Insurance Legislation Amendment (2025 Measures No. 3) Regulations 2025 commence on 1 November 2025. MBS item 63390 will be incorporated into the DIST via these Amendment Regulations, making the Principal Determination redundant. The Repeal Determination is made under the authority of subsection 3C(1) of the Health Insurance Act 1973, which allows the Minister to determine by legislative instrument that a health service not specified in the diagnostic imaging services table is to be treated as if it were listed, under certain circumstances and statutory provisions. This ensures that the new arrangements comply with the legislative framework established by the Act and its regulations. The Repeal Determination imposes specific obligations on the parties it governs, primarily ensuring that the administrative changes are implemented seamlessly. It requires that MBS item 63390 be incorporated into the DIST as per the Amendment Regulations, thereby maintaining continuous access to these diagnostic imaging services for patients. Additionally, it mandates the repeal of the Principal Determination in its entirety, as it is no longer necessary once the item is included in the DIST. The Repeal Determination does not introduce any new offences, penalties, or civil/criminal consequences for breach. Instead, it ensures that the transition to the new regulatory framework is administrative and does not affect the rights of patients or medical practitioners. The focus is on maintaining continuity in the provision and access to essential health services, without imposing additional burdens or penalties on those governed by the Act. The repeal and incorporation of MBS item 63390 are designed to be administrative adjustments, ensuring that the health services remain accessible and subsidised by Medicare.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.