Health Insurance (Variation of Fees and Medical Services) (No. 18) Regulations

Overview

The Health Insurance (Variation of Fees and Medical Services) (No. 18) Regulations 1980 were enacted to amend the fees associated with medical services provided under the Health Insurance Act 1973. These regulations were introduced to address the need for periodic adjustments to the fees charged for various medical services, ensuring they reflect current economic conditions and the cost of providing healthcare services. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and came into operation on 1 January 1981. The primary objective of these regulations is to update the fee schedule for specific services provided by participating optometrists, ensuring that the fees remain fair and reflective of the costs involved in delivering these services.

Scope and Application

The Health Insurance (Variation of Fees and Medical Services) (No. 18) Regulations, made under the Health Insurance Act 1973, apply to participating optometrists and their patients within the Commonwealth of Australia. These regulations primarily focus on amending the fees associated with various types of professional attendances by optometrists, including the first attendance in a course of attention, subsequent attendances, and attendances involving the prescription and fitting of contact lenses. The Regulations came into operation on 1 January 1981, and they amend the previous set of regulations by omitting and substituting specific items in the Schedule to the Health Insurance (Variation of Fees and Medical Services) (No. 17) Regulations. These amendments provide updated fee structures for the specified attendances by participating optometrists, reflecting changes that were proclaimed and effective from the date of commencement.

Key Provisions

The Health Insurance (Variation of Fees and Medical Services) (No. 18) Regulations (section 1) amend the fees for certain services provided by participating optometrists, as outlined in the Schedule (section 3). Specifically, these Regulations adjust the fees for professional attendance by a participating optometrist, depending on whether it is the first, second, third, or subsequent attendance within a single course of attention, as well as for attendances involving the prescription and fitting of contact lenses (Schedule, items 180, 182, 184, and 186). The Regulations are set to come into operation on 1 January 1981 (section 2). Under these Regulations, participating optometrists must adhere to the updated fee schedule as set out in the amended Schedule (Schedule, items 180, 182, 184, and 186). These fees apply to various types of attendance, including the first or only attendance in a course of attention, subsequent attendances, and those involving the prescription and fitting of contact lenses. Optometrists are required to charge these fees for eligible services provided to patients on or after the effective date of the Regulations. There are no explicit provisions within these Regulations that outline specific offences, penalties, or civil or criminal consequences for non-compliance. However, the Health Insurance Act 1973, under which these Regulations are made, may contain provisions that address non-compliance, including potential penalties for contravening the Act or the Regulations. It is essential to refer to the Health Insurance Act 1973 and any relevant case law to understand the potential consequences of non-compliance with these Regulations.