Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L01541 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Health Insurance Act 1973

 

Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) 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 (the GMST Regulations).

 

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 any that instrument in the same manner and subject to the same conditions.

 

Purpose

The purpose of the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025 (the Amendment Determination) is to amend the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Determination 2020 (the Principal Determination) to introduce eight new Medicare Benefits Schedule (MBS) items from 1 March 2026 for patient end support (PES) services rendered by nurse practitioners.

 

The new MBS items (82250, 82251, 82252, 82253, 82254, 82255, 82256 and 82257) are for professional attendances by a participating nurse practitioner, where the nurse practitioner is providing face to face clinical support to a patient who is participating in a video conference attendance with a consultant physician or specialist. The new items for PES services are time-tiered - of varying durations - and may be provided in consulting rooms or at a place other than consulting rooms. The nurse practitioner providing the PES consultation must be in the same room as the patient for the duration of the service.  

 

The introduction of the eight new items by the Amendment Determination forms part of a broader suite of new PES items. Subject to the making of legislation, from 1 March 2026 the Health Insurance Legislation Amendment (2026 Measures No. 1) Regulations 2026 will introduce an additional 24 new items for PES services rendered by prescribed medical practitioners and general practitioners to the GMST Regulations.

 

Policy authority was agreed to as part of the 2025-26 Budget under the Strengthening Medicare measure.


Consultation

The new PES items being introduced are pursuant to recommendation 10 of the Telehealth Post-Implementation Review Final Report by the Medical Review Advisory Committee (MRAC), released in March 2024. More than 450 responses were received through the Telehealth Post-Implementation Review, which included consultation with members from health organisations, peak bodies and consumers.

 

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 Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025

 

Section 1 – Name

 

Section 1 provides for the instrument to be referred to as the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) 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

 

Item 1 inserts eight new Medicare Benefits Schedule (MBS) items (82250, 82251, 82252, 82253, 82254, 82255, 82256 and 82257) into new ‘Subgroup 15 – Nurse practitioner patient end support for video conferencing consultations with specialists or consultant physiciansof ‘Group M14 - Nurse practitioners’.

 

The new items will provide for patient end support professional attendances of varying durations by a participating nurse practitioner providing clinical support if:

  • the attendance is provided by way of face to face; and
  • the patient who is receiving the service at the time of attendance is participating in a video conference service from a specialist or consultant physician; and
  • the patient is in the same room as nurse practitioner providing the service mentioned above.  


Statement of Compatibility with Human Rights

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

 

Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) 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 the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025 (the Amendment Determination) is to amend the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Determination 2020 (the Principal Determination) to introduce eight new Medicare Benefits Schedule (MBS) items from 1 March 2026 for patient end support (PES) services rendered by nurse practitioners.

 

The new MBS items (82250, 82251, 82252, 82253, 82254, 82255, 82256 and 82257) are for professional attendances by a participating nurse practitioner, where the nurse practitioner is providing face to face clinical support to a patient who is participating in a video conference attendance with a consultant physician or specialist. These items for PES services are time-tiered - of varying durations - and may be provided in consulting rooms or at a place other than consulting rooms. The nurse practitioner providing the PES consultation must be in the same room as the patient for the duration of the service. 

 

The introduction of the eight new items by the Amendment Determination forms part of a broader suite of new PES items. Subject to the making of legislation, from 1 March 2026 the Health Insurance Legislation Amendment (2026 Measures No. 1) Regulations 2026 will introduce an additional 24 new items for PES services rendered by prescribed medical practitioners and general practitioners to the GMST Regulations.

 

Policy authority was agreed to as part of the 2025-26 Budget under the Strengthening Medicare measure.

 

Human rights implications

This instrument engages Articles 2, 3, 9, 12, 16, and 26 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to equality and non-discrimination, 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 will reflect contemporary clinical practice by allowing nurse practitioners to provide clinical support to patients who are receiving MBS services from consultant physicians or specialists. This will allow patients to receive holistic care for medical issues being treated by a singular consultant physician or specialist. Additionally, the new services will allow nurse practitioners to provide clinical support via video conferencing, increasing patient access to the patient end support services where a consultant physician or specialist is providing a related service in a rural or remote community.

 

Conclusion

This instrument is compatible with human rights; it maintains the right to health, the right to social security and the right of equality and non-discrimination.

 

 

Louise Riley

Assistant Secretary

MBS Policy and Reviews Branch

Medicare Benefits and Digital Health Division

Health Resourcing Group

Department of Health, Disability and Ageing

Overview

The Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025 was enacted to address the need for additional services provided by nurse practitioners in supporting patients during telehealth consultations with specialists or consultant physicians. This amendment to the Health Insurance Act 1973 was introduced by the Australian Parliament to enhance the capacity of the Medicare Benefits Schedule (MBS) to cover these crucial patient end support (PES) services. The policy objective of this amendment is to integrate contemporary clinical practices into the Medicare system, ensuring that patients receive comprehensive care and that nurse practitioners can effectively contribute to the telehealth services provided by specialists and consultant physicians, particularly in rural and remote areas. This legislative instrument was designed to introduce eight new MBS items (82250 to 82257) effective from 1 March 2026, which will cover professional attendances by nurse practitioners providing face-to-face clinical support to patients engaged in video conference consultations with specialists or consultant physicians. This initiative aligns with the Strengthening Medicare measure agreed upon in the 2025-26 Budget and follows recommendations from the Telehealth Post-Implementation Review Final Report by the Medical Review Advisory Committee, which highlighted the need for expanded PES services. The amendment is intended to be compatible with human rights, particularly the rights to health, social security, and equality and non-discrimination as outlined in international covenants.

Scope and Application

The Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025 applies to health service providers, particularly nurse practitioners, who offer patient end support services in conjunction with video conferencing consultations with specialist physicians or consultant physicians. The Amendment Determination amends the Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Determination 2020 by introducing eight new Medicare Benefits Schedule (MBS) items effective from 1 March 2026. These new MBS items (82250 to 82257) are designed for professional attendances by participating nurse practitioners providing face-to-face clinical support to patients participating in video conference services with a specialist or consultant physician. The amendment is made under subsection 3C(1) of the Health Insurance Act 1973 and is subject to the Commonwealth jurisdiction. There are no explicit exclusions or thresholds specified in this Amendment Determination, but it does complement broader legislative measures set to introduce additional PES items for other medical practitioners. The Amendment Determination also aligns with human rights by supporting the rights to health, social security, and equality, as outlined in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR).

Key Provisions

The Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Amendment (Patient End Support Services) Determination 2025 (the Amendment Determination) introduces eight new Medicare Benefits Schedule (MBS) items (82250, 82251, 82252, 82253, 82254, 82255, 82256 and 82257) effective from 1 March 2026. These new items pertain to patient end support (PES) services provided by nurse practitioners. They are designed for professional attendances where the nurse practitioner provides face-to-face clinical support to a patient who is participating in a video conference with a consultant physician or specialist. These new services are time-tiered, meaning they vary in duration, and can be provided in consulting rooms or other locations, provided the nurse practitioner remains in the same room as the patient throughout the service. This determination amends the existing Health Insurance (Section 3C Midwife and Nurse Practitioner Services) Determination 2020, updating the MBS to include these new PES services rendered by nurse practitioners. The Amendment Determination imposes several obligations on the parties involved. Nurse practitioners who wish to provide these new PES services must be registered and participating under the Medicare Benefits Schedule. They must also ensure that they are in the same room as the patient for the duration of the service. The services must be provided in accordance with the specific MBS items introduced by this determination. Additionally, the Amendment Determination ensures that the new MBS items are integrated into the existing structure of the MBS, specifically under the new 'Subgroup 15 – Nurse practitioner patient end support for video conferencing consultations with specialists or consultant physicians' of 'Group M14 - Nurse practitioners'. The Amendment Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to comply with the terms of the Medicare Benefits Schedule, including the newly introduced PES services, could result in legal actions under the Health Insurance Act 1973. Such actions might include fines, penalties, or other legal repercussions. The Health Insurance (General Medical Services Table) Regulations 2021, which govern the MBS, might also impose sanctions for non-compliance. Given that the new services are integrated into the MBS, any breach of the terms and conditions of the MBS could attract the penalties outlined in the relevant sections of the Health Insurance Act 1973 or associated regulations.

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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.