Health Legislation Amendment Act 1987

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Health Legislation Amendment Act 1987

No. 44 of 1987

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

3. Principal Act

4. Entitlement to medicare benefit

PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

5. Principal Act

6. Interpretation


Health Legislation Amendment Act 1987

No. 44 of 1987

 

An Act to amend the Health Insurance Act 1973 and the National Health Act 1953, and for related purposes

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Health Legislation Amendment Act 1987.

Commencement

2. This Act shall come into operation on 1 August 1987.

PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

3. The Health Insurance Act 19731 is in this Part referred to as the Principal Act.

Entitlement to medicare benefit

4. (1) Section 10 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) A medicare benefit under subsection (1) in respect of a professional service is:

(a) in the case of a professional service of the kind referred to in paragraph (da) of the definition of “basic private table” or “basic table” in subsection 4 (1) of the National Health Act 1953 (not being a professional service, or a professional service in a class of professional services, that, under the regulations, is excluded from this paragraph)—an amount equal to 75% of the fee specified in the table in respect of the service in relation to the State in which the service is rendered; or

(b) in any other case—an amount equal to:

(i) 85% of the fee specified in the table in respect of the service in relation to the State in which the service is rendered; or

(ii) if the amount calculated under subparagraph (i) is less than the fee from which it is calculated by more than $20, that fee less $20.”.

(2) The amendment made by subsection (1) applies only in relation to professional services rendered on or after 1 August 1987.

PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

Principal Act

5. The National Health Act 19532 is in this Part referred to as the Principal Act.

Interpretation

6. (1) Section 4 of the Principal Act is amended:

(a) by omitting “who is” from paragraph (da) of the definition of “basic private table” or “basic table” in subsection (1) and substituting “while the person is”; and

(b) by omitting subsection (1b).

(2) The amendments made by subsection (1) apply only in relation to professional services rendered on or after 1 August 1987.


NOTES

1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; and Nos. 28, 75 and 94, 1986.

2. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; and Nos. 28, 75, 94 and 115, 1986.

[Minister’s second reading speech made in—

House of Representatives on 14 May 1987

Senate on 27 May 1987]

Overview

The Health Legislation Amendment Act 1987, enacted by the Parliament of Australia, was introduced to amend the Health Insurance Act 1973 and the National Health Act 1953. This Act aims to address specific gaps in the existing healthcare legislation by adjusting the entitlements to Medicare benefits and clarifying certain definitions related to health services. The policy objective behind these amendments was to ensure that the healthcare system operates efficiently and equitably, providing appropriate financial support to both healthcare providers and patients. The Act came into operation on 1 August 1987, and it made changes that are applicable to professional services rendered on or after this date.

Scope and Application

The Health Legislation Amendment Act 1987, No. 44, is an Act of the Commonwealth of Australia that amends the Health Insurance Act 1973 and the National Health Act 1953. It is applicable to all persons and entities within the Commonwealth that are subject to the provisions of these Acts, particularly those involved in the provision of healthcare services and the administration of Medicare. The Act came into operation on 1 August 1987. It primarily targets professional services rendered by health practitioners, modifying the entitlement to Medicare benefits and the interpretation of terms within the National Health Act 1953. The Act does not explicitly state any exclusions or exemptions, but the application of its provisions is contingent on the rendering of professional services on or after the commencement date of 1 August 1987. The Act allows for further clarification and application details to be prescribed through subordinate instruments, enabling the government to adapt the implementation to changing circumstances and requirements.

Key Provisions

The Health Legislation Amendment Act 1987 primarily serves to amend two existing pieces of legislation: the Health Insurance Act 1973 and the National Health Act 1953. The Act's operative sections include the amendment of specific subsections within these Acts. For instance, section 4 of Part II amends subsection (2) of section 10 of the Health Insurance Act 1973, which pertains to the entitlement to a Medicare benefit for professional services. The amendment modifies the percentages at which these benefits are paid, depending on the type of professional service provided, and specifies that these changes apply to services rendered on or after 1 August 1987. In terms of obligations, the Act imposes specific requirements on healthcare providers and entities regarding the calculation and payment of Medicare benefits for professional services. Under section 4(1), healthcare providers must adhere to the new percentages set out in the amended subsection (2) for services provided on or after the commencement date of the Act. Additionally, section 6 of Part III amends the interpretation of terms in the National Health Act 1953, affecting how certain professional services are classified and subsequently billed. The Act also outlines potential consequences for non-compliance with its provisions. Although the specific penalties are not detailed in the provided excerpt, breaches of the amended Acts could generally lead to civil or criminal penalties as prescribed under the respective Acts. For instance, under the Health Insurance Act 1973, there may be financial penalties or other administrative actions for incorrectly calculating or paying Medicare benefits. Similarly, under the National Health Act 1953, there could be repercussions for misclassification of services, which might also include fines or other corrective measures. The precise nature and extent of these penalties would be further defined in the relevant Acts or associated regulations.

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Health Law
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Repeal & Amendment
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