EXPLANATORY STATEMENT
Issued by the authority of the Minister for Human Services
Medicare Australia Act 1973
Direction
Background
Section 4 of the Medicare Australia Act 1973 (the Act) establishes Medicare Australia. Sections 5 and 8AG of the Act create the office of Chief Executive Officer of Medicare Australia (CEO), with statutory functions. The CEO is, under the Minister for Human Services and through the Secretary to the Department of Human Services, responsible for managing Medicare Australia.
Medicare Australia is a specialist service delivery agency and has substantial experience in processing claims and making payments to beneficiaries of the Government’s major health programs.
Section 5 of the Act sets out a number of mechanisms for conferral of functions on the CEO. Paragraph 5(1)(d) of the Act provides that the CEO has any functions that the Minister for Human Services, by writing, directs the CEO to perform.
Section 28 of the Medicare Australia (Functions of Chief Executive Officer) Direction 2005 (the Functions Direction) confers on the CEO a function to maintain a register of general practitioners who have completed certain mental health training under the 2001-02 Better Outcomes in Mental Health Care Initiative.
The manner in which that function is to be performed is set out in section 28 of the Medicare Australia (Performance of Chief Executive Officer’s Powers and Functions) Direction 2005 (the Performance Direction), which is made under subsection 8(1) of the Medicare Australia Act 1973.
Entry on the register established under section 28 of the Functions Direction is a legal requirement for general practitioners who wish to render certain mental health services under Medicare, being items specified in the Health Insurance (General Medical Services Table) Regulations 2006 (the Health Regulations).
On 1 May 2007 amendments to the Health Regulations came into force which repealed a number of ‘3 Step Mental Health Process’ items previously set out in Subgroup 4 of Group A18 and Subgroup 4 of Group A19 of the Health Regulations. Those were items for which entry on the register established by the CEO under section 28 of the Functions Direction was a prerequisite.
As a result of the repeal of 3 Step Mental Health Process items, section 28 of the Functions Direction requires a simple amendment to omit redundant material which relates to those items.
Section 28 will continue to provide that the CEO maintain a register of general practitioners who are qualified to provide Focussed Psychological Strategies Services (being items set out in Subgroup 2 of Group A20 of the Health Regulations).
The Performance Direction, which is not a legislative instrument, is also being amended to reflect the recent changes made to the Health Regulations.
Details of Direction
Section 1 – Name of Direction
This section provides for the Amending Direction to be named the “Medicare Australia (Functions of Chief Executive Officer) Amendment Direction 2007 (No 1)”.
Section 2 – Commencement
This section provides for the Amending Direction to commence on the day after it is registered as a legislative instrument.
Section 3 – Amendment of Medicare Australia (Functions of Chief Executive Officer) Direction 2005
This section provides that the Functions Direction is amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] – Subsection 28(2)
This item amends subsection 28(2) to remove redundant references and to enable the CEO to continue to maintain a register of general practitioners who may provide Focussed Psychological Strategies Services under the Better Health Outcomes in Mental Health Care Initiative administered by the Department of Health and Ageing.
Consultation
The Direction was settled after consultation with the Department of Health and Ageing.
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.