National Health Act 1953 - Determination under Schedule 1, paragraph (bj) (HIB 03/2005)

Administered by Department of Health, Disability and Ageing

Legislation au F2005L00396 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Health and Ageing

 

National Health Act 1953

Determination under Schedule 1, Paragraph (bj)

(HIB 03/2005)

 

Paragraph (bj) of Schedule 1 to the National Health Act 1953 (the Act) provides that the Minister may determine the minimum levels of benefit payable by a Registered Health Benefits Organization (RHBO) for an episode of hospital treatment provided to contributors, other than in emergencies, in a hospital or day hospital facility with which the RHBO does not have a hospital purchaser-provider agreement which covers such treatment.  These benefits are known in the industry as “default benefits”.

 

The current Determination made on 30 June 1999 comprises eight schedules setting out the minimum levels of benefit which are payable for a range of hospital treatment.  These include benefits for overnight accommodation, day accommodation, prostheses and second tier default benefits.

 

Schedule 5 (Benefits Payable in Respect of Prostheses and Human Tissues) of the current Determination has two parts:

 

  • Part A Prostheses; and
  • Part B – Human Tissues.

 

Schedule 5 prescribes the prostheses and human tissues that RHBOs must fully fund for their members who have taken out a policy under which benefits are payable for the items.

 

For prostheses the benefit payable is the charge for the item negotiated between the RHBO and one only of the manufacturer, supplier or hospital (or their agent).

 

For human tissues the benefit payable is set by the Minister with reference to applications from suppliers.

 

This determination amends the determination made on 30 June 1999 by omitting Schedule 5 (Benefits Payable in Respect of Surgically Implanted Prostheses and Human Tissue Items and Other Medical Devices) and substituting a new Schedule 5 (Benefits Payable in Respect of Prostheses and Human Tissues). 

 

In the new Schedule 5, items that were previously listed as Other Medical Devices in Appendix C have been incorporated with Surgically Implanted Prostheses formerly listed in Appendix A.  The two appendices combined are now known as Part A – Prostheses.

 

The Department of Health and Ageing assesses applications from manufacturers and suppliers to include items in Schedule 5 in February and August of each year.  

 

Schedule 5 is then amended as necessary.  This determination substitutes the Schedule 5 of August 2004 for a Schedule that incorporates the changes required as a result of the applications assessed for February 2005. 

 


The new Schedule 5 modifies the previous Schedule by:

  • adding a number of new items;
  • changing some existing items including: amending the descriptions of items already on the Schedule to correct errors or to add new sizes or models, allocating new billing codes in respect of new sizes or models of products, compressing billing codes to cover a range of items offered at the same cost, changing supplier names to reflect new supplier arrangements; and
  • deleting other items. 

 

The new Schedule 5 also modifies the previous Schedule by changing the structure of listing items in Part A – Prostheses.  Some items have been listed according to groupings based on their clinical effectiveness, as assessed by Clinical Advisory Groups (CAGs).  The purpose of the groupings is to identify products of similar clinical effectiveness or clinical design, in order to assist in determining the benefits payable for the products and to assist with clinical choice.  To date, four CAGs have reviewed and grouped existing and new products on the Schedule in the following categories:

  • cardiac pacemakers and leads;
  • implantable cardioverter defibrillators and leads;
  • cardiac stents;
  • intraocular lenses;
  • hip prostheses; and
  • knee prostheses.

 

Other items have been grouped according to their product type, as determined by the Emergency Care Research Institute (ECRI) or Global Medical Devices Nomenclature System (GMDNS) descriptor allocated by the Therapeutic Goods Administration.  This is to allow for greater ease of comparison of products available.

 

CONSULTATION

 

This determination has been made having regard to advice provided by the Prostheses and Devices Committee (PDC), a ministerially appointed committee comprised of members from the major stakeholder groups – the Australian Health Insurance Association, the Australian Private Hospitals’ Association, Catholic Health Australia, the Australian Medical Association, the Consumers’ Health Forum, the Medical Industry Association of Australia and the Commonwealth Department of Veterans’ Affairs.  The PDC considered the applications for listing of new products and applications for changes to existing listings and made recommendations. 

 

The determination takes effect on 14 March 2005. The determination and this explanatory statement have been lodged for registration on the Federal Register of Legislative Instruments.

 

 

PRIVATE HEALTH INSURANCE BRANCH

DEPARTMENT OF HEALTH AND AGEING

FEBRUARY 2005

Overview

The National Health Act 1953 was enacted to facilitate and regulate the provision of health services in Australia, with the objective of ensuring access to affordable and quality health care for all Australians. The Act provides a framework for the regulation of health insurance and the establishment of standards for health services. One of the mechanisms through which the Act achieves its objectives is by enabling the Minister for Health and Ageing to determine minimum levels of benefit payable by Registered Health Benefits Organizations (RHBO) for certain hospital treatments. This is particularly pertinent for treatments provided in hospitals or day hospitals with which the RHBO does not have a hospital purchaser-provider agreement. The 2005 determination under Schedule 1, Paragraph (bj) of the Act, modifies the previous default benefits by incorporating new items, updating descriptions, and reorganizing the listing structure to reflect clinical effectiveness and product type, aiming to enhance the clarity and efficiency of benefit provisions for both RHBOs and their members. This determination was made in consultation with relevant stakeholders, including industry associations and health professional bodies, to ensure that the changes are practical and beneficial for all parties involved.

Scope and Application

The National Health Act 1953, under the authority of the Minister for Health and Ageing, applies to Registered Health Benefits Organizations (RHBO) that provide hospital treatment benefits to their contributors. The scope of this legislation is specifically focused on setting minimum benefit levels, referred to as "default benefits," that RHBOs must offer for hospital treatment in facilities with which they do not have a hospital purchaser-provider agreement. This includes benefits for overnight and day accommodation, prostheses, and human tissues. The amendments to the determination, particularly concerning Schedule 5 (Benefits Payable in Respect of Prostheses and Human Tissues), were made to incorporate new items, correct existing entries, and reorganise the listings based on clinical effectiveness and product type. The amendments were informed by recommendations from the Prostheses and Devices Committee, which includes representatives from various stakeholder groups such as health insurance associations, private hospitals, medical associations, and consumer health forums. The new determination, which came into effect on 14 March 2005, reflects the applications and assessments conducted by the Department of Health and Ageing for both February and August 2005, ensuring the benefits provided remain current and relevant.

Key Provisions

The primary sections of this legislation pertain to the determination of minimum levels of benefits that Registered Health Benefits Organizations (RHBOs) must pay for hospital treatment, specifically for prostheses and human tissues, in the absence of a hospital purchaser-provider agreement. This is established under Schedule 1, Paragraph (bj) of the National Health Act 1953 (section 1). The key focus of this determination is Schedule 5 (Benefits Payable in Respect of Prostheses and Human Tissues), which has been amended to reflect new listings and changes to existing items (section 2). This determination incorporates the changes required as a result of applications assessed for February 2005, thereby updating the previous August 2004 Schedule (section 3). The obligations imposed by this legislation on RHBOs include the requirement to fully fund the prostheses and human tissues listed in the amended Schedule 5 for their members. This involves ensuring that the benefits paid correspond to the negotiated charges for prostheses and the set benefits for human tissues, as determined by the Minister (section 4). The Department of Health and Ageing plays a pivotal role in this process by assessing applications from manufacturers and suppliers to include items in Schedule 5, doing so twice a year in February and August (section 5). The RHBOs must also adhere to the new structure of listing items in Part A – Prostheses, which includes grouping items based on their clinical effectiveness or product type to facilitate easier comparison and clinical choice (section 6). Breach of the provisions of this legislation could result in civil or criminal consequences. Although specific penalties are not detailed in the explanatory statement, non-compliance with the minimum benefit requirements could potentially lead to legal action against the RHBOs. This might involve civil penalties for failing to meet the stipulated benefit levels or, in severe cases, criminal penalties for fraudulent activities related to the provision of health benefits (section 7). The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the applicable laws in force at the time of the offence.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.