Statutory Rules
1978 No. 291
REGULATIONS UNDER THE HEALTH INSURANCE ACT 1973*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Health Insurance Act 1973.
Dated this twenty-second day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. ELLICOTT
Minister of State for Home Affairs and Minister of State for the Capital Territory for and on behalf of the Minister of State for Health
HEALTH INSURANCE (VARIATION OF FEES AND MEDICAL SERVICES) (No. 10) REGULATIONS
Citation
1. These Regulations may be cited as the Health Insurance (Variation of Fees and Medical Services) (No. 10) Regulations.
Commencement
2. These Regulations shall come into operation on 1 January 1979.
Health Insurance (Variation of Fees and Medical Services) (No. 7) Regulations —amendment of Schedule
3. The Schedule to the Health Insurance (Variation of Fees and Medical Services) (No. 7) Regulations (being that schedule as amended by the Health Insurance (Variation of Fees and Medical Services) (No. 8) Regulations and the Health Insurance (Variation of Fees and Medical Services) (No. 9) Regulations) is amended as set out in the Schedule to these Regulations.
* Notified in the Commonwealth of Australia Gazette on 29 December 1978.
SCHEDULE
AMENDMENT OF THE SCHEDULE TO THE HEALTH INSURANCE (VARIATION OF FEES AND MEDICAL SERVICES) (No. 7) REGULATIONS
Omit items 180, 182, 184 and 186, substitute the following items:
“ 180 | Professional attendance by a participating optometrist—an attendance that is the sole or first attendance in a single course of attention that commenced on or after the proclaimed date, being— | | | | | | |
| (a) the first or only course of attention of the patient by a participating optometrist since the proclaimed date; or | | | | | | |
| (b) the second or a subsequent course of attention of the patient by a participating optometrist since the proclaimed date, being a. course of attention commencing not earlier than 12 months after the commencement of the preceding course of attention | 20.00 | 20.00 | 20.00 | 20.00 | 20.00 | 20.00 |
“ 182 | Professional attendance by a participating optometrist an attendance (not being an attendance covered by item 186) that is the second attendance in a single course of attention in respect of which the first attendance is covered by item 180 | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 |
“ 184 | Professional attendance by a participating optometrist—an attendance (not being art attendance covered by item 186) that is the third or a subsequent attendance in a single course of attention of a patient, who, in the professional opinion of the attending optometrist, has a need for that, attendance, being a course of attention in respect of which the first attendance is covered by item 180 | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 | 10.00 |
“ 186 | Professional attendance by a participating optometrist—all attendances after the first, being those attendances regarded as a single service, in a single course of attention involving the prescription and fitting of contact lenses, being a course of attention in respect of which the first attendance is covered by item 180 | 100.00 | 100.00 | 100.00 | 100.00 | 100.00 | 100.00”. |
R77/828
Overview
The Health Insurance (Variation of Fees and Medical Services) (No. 10) Regulations 1978 were enacted to amend the fees and services covered under the Health Insurance Act 1973. These regulations were made under the authority of the Governor-General, with the advice of the Federal Executive Council, and they came into effect on 1 January 1979. The primary objective of these regulations was to update and adjust the fees associated with certain medical services provided by participating optometrists, ensuring that the Health Insurance Act remained current and reflective of the prevailing economic and health service conditions of the time. This legislative instrument specifically addresses the need to revise the fees for professional attendances by optometrists, thereby impacting the costs for both service providers and patients enrolled in health insurance schemes.
Scope and Application
The Health Insurance (Variation of Fees and Medical Services) (No. 10) Regulations, made under the Health Insurance Act 1973, pertain to the modification of fees and medical services offered by participating optometrists. These regulations apply to participating optometrists who provide services covered under the Health Insurance Act and to patients who seek such services. The scope of these regulations is national, given that they are established under Commonwealth legislation, thus they apply across all states and territories of Australia. The regulations do not specify any exclusions or thresholds, but they do detail specific adjustments to the fees associated with various types of professional attendance by participating optometrists. These adjustments are outlined in the amended schedule, which replaces certain items in the preceding regulations, and they come into effect on 1 January 1979. The regulations can be extended or modified through further subordinate instruments made under the authority of the Health Insurance Act.
Key Provisions
The main operative sections of the Health Insurance (Variation of Fees and Medical Services) (No. 10) Regulations (C1978L00291) are primarily concerned with amending the fees for specific medical services provided by participating optometrists under the Health Insurance Act 1973. These Regulations update the fees associated with professional attendances by optometrists, as detailed in the amended Schedule (section 3). The fees specified pertain to various types of attendances: the first or only attendance (item 180), the second attendance (item 182), subsequent attendances (item 184), and attendances involving the prescription and fitting of contact lenses (item 186). Each type of attendance is assigned a specific fee amount, which is consistent across the items mentioned.
The obligations and requirements imposed by these Regulations on the parties involved include ensuring that the fees for specified optometric services align with the updated amounts provided in the Schedule. Participating optometrists must charge the new fees as per the regulations for the services they provide, while patients who receive these services should be informed of the applicable fees. The Regulations also mandate that the amendments to the fees take effect from the proclaimed date, which is 1 January 1979 (section 2). Compliance with these updated fee structures is crucial for both optometrists and patients to ensure proper reimbursement under the health insurance scheme.
In terms of potential consequences for non-compliance, the Regulations themselves do not explicitly outline specific offences or penalties for breaching the fee stipulations. However, under the broader Health Insurance Act 1973, any failure to comply with the legislative requirements could lead to civil or criminal penalties. These might include fines or other sanctions as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Health Insurance Act 1973 that the Regulations are designed to support.