EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Health Insurance Act 1973
Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017
Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may, by legislative instrument, determine that a health service not specified in an item in the general medical services table (the Table) shall, in specified circumstances and for specified statutory provisions, be treated as if it were specified in the Table. The Table is set out in the Health Insurance (General Medical Services Table) Regulations which is remade each year.
Purpose
The purpose of the Health Insurance (Section 3C General Medical Services— Cataract) Amendment Determination (No. 2) 2017 (the Determination) is to amend the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017. The amendment will provide a 12 month extension for the Minimally Invasive Glaucoma Systems (MIGS) Medicare Benefits Schedule (MBS) item 42705 to
31 December 2018.
Consultation
The Australian Medical Association was consulted on the extension of item 42705 to
31 December 2018.
The Medical Services Advisory Committee (MSAC) reviews new or existing medical services or technology, and the circumstances under which public funding should be supported through listing on the MBS. This includes the listing of new items, or amendments to existing items on the MBS.
MSAC is currently considering two applications for MIGS services. Stakeholders will have the opportunity to provide feedback during this assessment period.
Details of the Determination are set out in the Attachment.
The Determination commences on the day after registration.
The Determination is a legislative instrument for the purposes of the
Legislation Act 2003.
Authority: Subsection 3C(1) of the
Health Insurance Act 1973
ATTACHMENT
Details of the Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017
Section 1 – Name of Determination
Section 1 provides for the Determination to be referred to as the Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017.
Section 2 – Commencement
Section 2 provides that the Determination commences on the day after registration.
Section 3 – Authority
Section 3 provides that the Determination is made under subsection 3C(1) of the Health Insurance Act 1973.
Section 4 – Amendment of the Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017.
This section provides that Schedule 1 amends the Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017.
Schedule 1 - Amendments
1 Commencement (paragraph 2(b))
Omit “is repealed at the end of 31 December 2017”, substitute “is repealed at the end of 31 December 2018”.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017
This Disallowable Legislative 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 Disallowable Legislative Instrument
The purpose of the Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017 (the Determination) is to amend the Health Insurance (Section 3C General Medical Services – Cataract) Determination 2017. The amendment will provide a 12 month extension for the Minimally Invasive Glaucoma Systems (MIGS) Medicare Benefits Schedule (MBS) item 42705 to 31 December 2018.
Human rights implications
The 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 Determination will maintain rights to health and social security by ensuring continued access to publicly subsidised health services.
Conclusion
The Disallowable Legislative Instrument is compatible with human rights as it does not change the existing rights to health and social security.
Natasha Ryan
Assistant Secretary
MBS Policy and Specialist Services Branch
Medical Benefits Division
Department of Health