EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 474
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH LEGISLATION AMENDMENT ACT 1983
HEALTH LEGISLATION (CLAIMS FOR COMMONWEALTH MEDICAL BENEFITS) REGULATIONS
Section 136 of the Health Legislation Amendment Act 1983 provides that the Governor-General may make regulations prescribing all matters required or permitted by that Act to be prescribed; or which make provision for and in relation to any matter arising from, consequential upon or otherwise connected with the operation of that Act.
Sub-section 134(1) of the Health Legislation Amendment Act 1983 is a transitional provision relating to the operation of the Health Insurance Act 1973 as in force immediately before 1 February 1984 in respect of any matter arising out of or relevant to the rendering of a professional or a medical service before 1 February 1984. Sub-section 134(1) provides that in relation to such a matter, notwithstanding the amendments made and the repeals effected by Part II of the Health Legislation Amendment Act 1983 which came into operation on 1 February 1984, the Health Insurance Act 1973 continues in force, subject to such modifications as are prescribed, on and after that date, as if those amendments and repeals had not been effected.
Paragraph 20B(1)(a) of the Health Insurance Act 1973, prior to its amendment by the Health Legislation Amendment Act 1983 with effect from 1 February 1984,
provided that, subject to section 20B, a claim for a Commonwealth medical benefit in respect of a professional service, other than a professional service referred to in paragraph 20B(1)(b), should be lodged with the relevant medical benefits organization. Paragraph 20B(1)(b) of the Health Insurance Act 1973 provided that a claim for a Commonwealth medical benefit in respect of a professional service rendered before 1 September 1981, or such later date as was prescribed, should be lodged with the relevant medical benefits organization within 2 years, or such further period as was allowed under sub-section 20B (3A), after the rendering of the service. No later date was prescribed for the purposes of paragraph 20B(1)(b). Sub-section 20B(4) of the Health Insurance Act 1973 defined a “relevant medical benefits organization”. Sub-section 20B(3A) of the Health Insurance Act 1973, which was not amended by the Health Legislation Amendment Act 1983, provides that the Minister may, in his discretion, upon application in accordance with the approved form, allow a longer period for the lodging of a claim than that referred to in paragraph 20B(1)(b).
The regulations, pursuant to sub-section 134(1) of the Health Legislation Amendment Act 1983, prescribe modifications to section 20B of the Health Insurance Act 1973 as in force immediately before 1 February 1984 and continuing in force thereafter through the operation of sub-section 134(1). The principal effect of these modifications is to omit paragraph 20B(1)(a) and to insert a new provision
identified as new paragraph 20B(1)(b), the former paragraph 20(1)(b) becoming in substance new paragraph 20B(1)(a). New paragraph 20(1)(b) provides that a claim for a Commonwealth medical benefit in respect of a professional service rendered between 1 September 1981 and 31 January 1984 should be lodged with the “relevant organization” before 1 January 1985, or within such longer period as is allowed by the Minister under sub-section 20B(3A) of the Health Insurance Act 1973. The regulations also modify former sub-section 20B(4) of the Health Insurance Act 1973 to define, instead of a “relevant medical benefits organization”, a “relevant organization”, being the organization with which a claimant was appropriately insured or registered prior to 1 February 1984. This is necessary because such organizations are no longer “medical benefits organizations”. The regulations also make a number of minor drafting modifications of a consequential nature to section 20B as previously in force to take into account the operation of new paragraph 20B(1)(b).
The effect of the modifications therefore is that out-standing claims for Commonwealth benefit in relation to professional services rendered before 1 February 1984 have to be lodged with the relevant organization on or before 31 January 1985 unless additional time is granted by the Minister under sub-section 20B(3A) of the Health Insurance Act 1973.
The regulations came into operation on the date of their notification in the Commonwealth of Australia Gazette.