Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L01522 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Health Insurance Act 1973

 

Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025

 

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 GMST) shall, in specified circumstances and for specified statutory provisions, be treated as if it were specified in the GMST.

 

The GMST is set out in the regulations made under subsection 4(1) of the Act.  The most recent version of the regulations is the Health Insurance (General Medical Services Table) Regulations 2021.

 

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

 

Purpose

The purpose of Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 (the Amendment Determination) is to amend the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021 (the Principal Determination) to correct minor grammatical errors in the descriptors for six Medicare Benefit Schedule (MBS) items.

Consultation

No consultation was undertaken for the amendments as the amendments are administrative in nature.

 

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

The Amendment Determination commences on 1 March 2026.

Details of the Amendment 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 General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025

 

Section 1 – Name

 

Section 1 provides for the instrument to be referred to as the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 (the Amendment Determination).

 

Section 2 – Commencement

 

Section 2 provides for the Amendment Determination to commence on 1 March 2026.

 

Section 3 – Authority

 

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

 

Section 4 – Schedules

 

Section 4 provides that each instrument that is specified in a Schedule to this Amendment 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 Amendment Determination has effect according to its terms.

 

Schedule 1 – Amendments

 

Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021

 

Items 1, 2 and 4 amend MBS items 92748, 92751 and 92755 to clarify the operation of paragraph (d) of those items by referring to “an attendance” on the patient instead of “the attendance”.

 

Items 3 and 5 amend MBS items 92755 and 92758 to correct a minor grammatical error by replacing “specialists’” with “specialist’s”.

 

Items 6 and 7 amend MBS items 92763 and 92768 to clarify at paragraph (e) the circumstances under which the attendance may be claimed by referring to “or by locum tenens” instead of “by locum tenens”.


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 – Telehealth Attendances) Amendment (Administrative) 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 Determination

The purpose of Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 (the Amendment Determination) is to amend the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021 (the Principal Determination). The Amendment Determination makes minor administrative amendments to six Medicare Benefit Schedule (MBS) items to correct grammatical errors and clarify their operation.

 

Human rights implications

This instrument engages Articles 2, 9, 12 and 16 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to health, social security and equality and non-discrimination.

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 will reflect contemporary clinical practice to ensure that patients continue to have access to health and social security through relevant subsidised telehealth services on the Medicare Benefits Schedule.

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.

 

 

Nigel Murray

Assistant Secretary

MBS Policy and Specialist Programs Branch

Medicare Benefits and Digital Health Division

Health Resourcing Group

Department of Health, Disability and Ageing

Overview

The Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 is an administrative amendment to the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021. This instrument was enacted by the Australian Government and serves to correct minor grammatical errors in the descriptors for six Medicare Benefit Schedule (MBS) items, thus ensuring that the telehealth services remain clearly defined and accessible to patients. The purpose of this amendment is to maintain the integrity and clarity of the telehealth services listed in the MBS, without requiring any substantive changes to the existing services or benefits provided. By addressing these minor issues, the amendment aims to support the ongoing provision of health care services in a manner that aligns with contemporary clinical practice. The determination was made under subsection 3C(1) of the Health Insurance Act 1973, which empowers the Minister to amend the general medical services table through a legislative instrument. This amendment is consistent with the policy objective of ensuring that health care services are accessible and equitable, reflecting the rights to health, social security, and equality as outlined in international human rights instruments. The amendment determination is compatible with human rights, particularly by maintaining the right to health, social security, and non-discrimination, thereby ensuring that patients continue to have access to necessary health services through the Medicare system.

Scope and Application

The Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 amends the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021 to correct minor grammatical errors and clarify the operation of six Medicare Benefit Schedule (MBS) items. The amendment applies to healthcare services provided via telehealth, ensuring that these services are correctly described and processed under the general medical services table in the Health Insurance Act 1973. This amendment, which is administrative in nature and does not require consultation, applies nationally and comes into effect on 1 March 2026. It is made under subsection 3C(1) of the Health Insurance Act 1973 and is a legislative instrument for the purposes of the Legislation Act 2003. The changes are designed to maintain the integrity of telehealth services under Medicare, ensuring that patients can continue to access necessary healthcare without administrative barriers.

Key Provisions

The Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Amendment (Administrative) Determination 2025 (the Amendment Determination) amends the Health Insurance (Section 3C General Medical Services – Telehealth Attendances) Determination 2021 (the Principal Determination). The Amendment Determination corrects minor grammatical errors and clarifies the operation of six Medicare Benefit Schedule (MBS) items (Section 4). These amendments aim to ensure that the descriptors for the specified MBS items are accurate and reflect contemporary clinical practices. Specifically, items 1, 2, and 4 amend MBS items 92748, 92751, and 92755 to clarify the operation of paragraph (d) by referring to “an attendance” on the patient instead of “the attendance.” Items 3 and 5 correct a grammatical error by replacing “specialists’” with “specialist’s” in MBS items 92755 and 92758. Items 6 and 7 amend MBS items 92763 and 92768 to clarify at paragraph (e) the circumstances under which the attendance may be claimed by referring to “or by locum tenens” instead of “by locum tenens” (Schedule 1). The Amendment Determination imposes specific obligations on the parties it governs, primarily to ensure that the amendments are implemented correctly and that the corrected MBS items are used appropriately in the context of telehealth attendances. Health service providers must ensure that they are familiar with the amended descriptors and use them in accordance with the updated provisions. The Minister for Health, who made the Amendment Determination under subsection 3C(1) of the Health Insurance Act 1973, is responsible for overseeing the implementation of these changes (Section 3). The commencement of the Amendment Determination on 1 March 2026 (Section 2) signifies that these changes will become effective from that date, and all relevant parties must adhere to the new provisions. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Amendment Determination itself. However, non-compliance with the corrected MBS items could potentially lead to issues such as incorrect billing, which might result in financial penalties or audits by the Department of Health. The overarching legislation, the Health Insurance Act 1973, may impose penalties for non-compliance with its provisions, including fines and other sanctions. The precise penalties would depend on the nature and severity of the breach, as well as any related provisions in the Medicare Benefits Schedule or other relevant regulations. The Amendment Determination is compatible with human rights, specifically engaging Articles 2, 9, 12, and 16 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It ensures the right to health, social security, and equality and non-discrimination by correcting errors and clarifying descriptors in the MBS items, thereby maintaining access to health and social security through relevant subsidised telehealth services (Statement of Compatibility with Human Rights). This compatibility ensures that the amendments support the provision of essential health services and do not disproportionately affect any particular group, thereby upholding the principles of equality and non-discrimination.

Legal classification tags

Area of Law
Health Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Human Rights Law
Compliance Obligations

Interactions

Authorises

All Versions

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.