Health Insurance (Variation of Fees and Medical Services) (No. 23) Regulations

Overview

The Health Insurance (Variation of Fees and Medical Services) (No. 23) Regulations 1981 were enacted to amend the fees associated with medical services under the Health Insurance Act 1973. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to adjust the fees charged for services provided by participating optometrists, particularly concerning the variations in fees for different types of attendances. The regulations were designed to ensure that the fees reflected current economic conditions and the costs of providing health services, thereby maintaining the sustainability and effectiveness of the health insurance system. These amendments were necessary to address the need for periodic adjustments in the fees charged for medical services to keep pace with inflation and changes in the cost of providing healthcare. By amending the fees, the regulations aimed to maintain equitable access to healthcare services for all Australians covered under the health insurance scheme, ensuring that the services remain affordable and accessible. The regulations came into effect on 1 January 1982, updating the fees as per the amendments listed in the schedule.

Scope and Application

The Health Insurance (Variation of Fees and Medical Services) (No. 23) Regulations, 1981, are subordinate legislation made under the Health Insurance Act 1973 and apply across the Commonwealth of Australia. They are designed to amend the fees for specific medical services provided by participating optometrists. The regulations apply to persons who are eligible for Medicare benefits and the optometrists who provide services to them, specifically targeting the fees for professional attendances during a course of attention by participating optometrists. These amendments include fees for the first, second, third, or subsequent attendances, as well as fees for services related to the prescription and fitting of contact lenses. Notably, these regulations do not apply to any other medical practitioners or services beyond those specified within the schedule. The scope of the regulations is confined to the adjustments of fees and does not extend to other areas of health insurance or medical services, thereby maintaining a focused application to the prescribed optometry services.

Key Provisions

The Health Insurance (Variation of Fees and Medical Services) (No. 23) Regulations (1981) amend the Schedule to the Health Insurance (Variation of Fees and Medical Services) (No. 22) Regulations, primarily concerning fees for professional attendances by participating optometrists. The Regulations come into effect on 1 January 1982. Specific changes include new fees for various types of optometrist attendances: a sole or first attendance in a single course of attention is now charged at $26.50 (item 180); a second attendance in a single course of attention is charged at $13.40 (item 182); a third or subsequent attendance, if deemed necessary by the optometrist, is also charged at $13.40 (item 184); and all subsequent attendances in a course involving the prescription and fitting of contact lenses are charged at $134.00 (item 186). These Regulations impose clear financial obligations on participating optometrists and patients, ensuring that fees are updated in line with the prescribed schedule. Optometrists must charge the specified amounts for the defined attendances, while patients are expected to be aware of these fees when seeking services. The Regulations also necessitate accurate record-keeping by optometrists to justify the fees charged according to the outlined categories. Non-compliance with these Regulations can lead to significant consequences. While the specific penalties for breaching these Regulations are not explicitly stated in the text provided, under the Health Insurance Act 1973, penalties for non-compliance can include fines and other civil or criminal sanctions. For example, failure to adhere to the fee schedule could potentially be considered as contravening the Act, leading to enforcement actions by relevant authorities. The exact penalties would be determined by the courts based on the nature and severity of the breach.