Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3)

Administered by Department of Health, Disability and Ageing

Legislation au F2015L01356 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health

 

Private Health Insurance Act 2007

 

Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3)

 

Authority

Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Benefit Requirements) Rules providing for matters required or permitted by Part 3-3 of the Act, or necessary or convenient to be provided in order to carry out or give effect to Part 3-3 of the Act.

 

The Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) (the Amendment Rules) consist of four Schedules (A, B, C and D), which amend Schedules 1-5 of the Private Health Insurance (Benefit Requirements) Rules 2011 (the Principal Rules) which commenced on 1 November 2011.

 

Purpose

 

The purpose of the Schedule to the Amendment Rules is to amend Schedules 1 and 3 of the Principal Rules to insert  51 Medicare Benefits Schedule (MBS) item numbers and remove three MBS item numbers.

 

Background

The Principal Rules, which commenced on 1 November 2011, provide for the minimum benefit requirements for psychiatric, rehabilitation and palliative care and other hospital treatment.  Schedules 1 to 5 of the Principal Rules set out the minimum levels of benefit which are payable for hospital treatment.  Namely, benefits for overnight accommodation (Schedules 1 and 2), same day accommodation (Schedule 3), nursing-home type patients (Schedule 4) and second tier default benefits (Schedule 5).

 

Schedule 1 categorises MBS item numbers into overnight patient classifications comprising ‘Advanced surgical patient’, ‘Obstetric patient’, ‘Surgical patient’, ‘Psychiatric patient’, ‘Rehabilitation patient’ and ‘Other patients’.  Schedule 3 sets out MBS item numbers for the same day hospital accommodation benefits which are payable for privately insured patients in all states and territories.

 

The minimum benefits payable per night for hospital treatment provided to NHTPs in Schedule 4 of the Principal Rules is subject to review and change twice annually, to reflect the indexation applied to the Adult Pension Basic Rate and Maximum Daily Rate of Rental Assistance.

 

Schedule 5 of the Principal Rules requires a health insurer to pay second tier default benefits for most episodes of hospital treatment provided in private hospital facilities that are specified in Schedule 5 if the health insurer does not have a negotiated agreement with the hospital.  Schedule 5 sets a higher minimum level of benefit (for overnight treatment and day only treatment provided in specified facilities) than the minimum benefit set for such treatment by Schedules 1, 2 and 3 of the Principal Rules.

 

Details

Details of the Amendment Rules are set out in the Attachment.

 

Consultation

 

In accordance with changes to the Health Insurance (General Medical Services Table) Regulations (GMST), 48 MBS item numbers have been added and three MBS item numbers have been deleted.  One item has been added to the Pathology Services Table (PST) and two items have been added to the Diagnostic Imaging Services Table. Medical advice was sought from within the Department regarding these amendments. No further consultation was undertaken because the amendments are minor in nature and do not significantly affect existing arrangements.

 

 

The Amendment Rules commence on 1 September 2015.

 

The Amendment Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Authority: Section 333-20 of the

Private Health Insurance Act 2007

MEDICAL BENEFITS DIVISION

DEPARTMENT OF HEALTH

 AUGUST 2015


DETAILS OF THE PRIVATE HEALTH INSURANCE (BENEFIT REQUIREMENTS) AMENDMENT RULES 2015 (No. 3)

 

Section 1 Name of Rules

 

Section 1 provides that the title of the Rules is the Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) (the Amendment Rules).

 

Section 2 Commencement

 

Section 2 provides that the Amendment Rules are to commence on 1 September 2015.

 

Section 3 Authority

 

Section 3 provides that the Amendment Rules are made under item 3A of the table in section 333-20 of the Private Health Insurance Act 2007.

 

Section 4 Schedule

 

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 

 

Schedules A, B, C and D

 

Schedules A, B, C and D provide that the Amendment Rules amend the Private Health Insurance (Benefit Requirements) Rules 2011 (the Principal Rules) which commenced on

1 November 2011.

 

Schedule – Amendments

Item 1 – Schedule 1, Part 2 – Type A Procedures, Clause 4, Advanced surgical patient, Subclause (3)

 

Item 2 amends Schedule 1, Part 2 – Type A Procedures, Clause 4, Advanced surgical patient, Subclause (3) of the Principle Rules by inserting three new MBS item numbers (31516, 43838 and 37825).

 

MBS item 31515 is a new item for the treatment of early stage breast cancer using targeted intraoperative radiotherapy. MBS items 43838 and 37825 are new paediatric surgery items.

 

These three items will be included in the GMST from 1 September, 2015.

 

Item 2 – Schedule 1, Part 2 – Type A Procedures, Clause 6 Surgical patient, Subclause (3)

 

Item 3 amends Schedule 1, Part 2 – Type A Procedures, Clause 6 Surgical patient, Subclause (3)  of the Principle Rules by deleting three MBS item numbers (30612, 30616 and 30617) and inserting 30 new MBS item numbers (30287, 30326, 30608, 30611, 30618, 30619, 30622, 30623, 30626, 30637, 30639, 30643, 30645, 30646, 34529, 34534, 37801, 37804, 37807, 37810, 37813, 37819, 37822, 37828, 37834, 43805, 43832, 43835, 43841, 44101).

 

The introduction of new items has resulted in the redundancy and subsequent deletion of items 30612, 30616 and 30617.

 

The 30 new items have been introduced as part of a revised listing for paediatric surgical services. These new items will be included in the GMST from 1 September, 2015.

 

Item 3 – Schedule 3, Part 2 – Type B Procedures, Clause 4, Band 1, Subclause (1)

Item 1 amends Schedule 3, Part 2 – Type B Procedures, Clause 4, Band 1, Subclause (1) of the Principle Rules by inserting paragraph (c) Category 2 – Diagnostic procedures and investigations, being the item below in the general medical services table and group D1: Miscellaneous diagnostic procedures and investigation, which includes one new MBS item number (11801). This item has been added as an equivalent item for endoscopy and will be included in the GMST from 1 September 2015.

 

Item 4 – Schedule 3, Part 2 – Type B Procedures, Clause 5, Non-band specific Type B day procedures, Subclause (1)

 

Item 4 amends Schedule 3, Part 2 – Type B Procedures, Clause 5 Non-band specific Type B day procedures, Subclause (1) by inserting five new MBS item numbers (30105, 30627, 37816, 42576 and 44104)

 

The five new items have been introduced as part of a revised listing for paediatric surgical services. These new items will be included in the GMST from 1 September, 2015.

 

Item 5 – Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 1 - Attendances

 

Item 5 amends Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 1 Attendances by inserting a new group A10, which includes five new MBS items (10944, 10945, 10946, 10947 and 10948).

 

Item 10944 is a new item for the removal of superficial embedded corneal foreign bodies by an optometrist.

Items 1094, 10946, 10947 and 10948 are new items for optometrists to provide clinical support to a patient during telehealth consultations with ophthalmologists.

 

These new items will be included in the GMST from 1 September, 2015.

 

Item 6 – Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 2 – Diagnostic procedures & investigations, D1

Item 6 amends Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 2 – Diagnostic procedures & investigations, D1 by inserting four new MBS item numbers (11719, 11720, 11725 and 11726)

These new items are being introduced to enable remote monitoring of implanted cardiac devices.

These new items will be included in the GMST from 1 September, 2015.

Item 7 – Schedule 3, part 3 – Type C Procedures, Clause 8 Interpretation, Category 5 – Diagnostic Imaging Services, I2

Item 7 amends Schedule 3, part 3 – Type C Procedures, Clause 8 Interpretation, Category 5 – Diagnostic Imaging Services, I2 by deleting two MBS item numbers (56552 and 56554) and inserting two new MBS item numbers (56553 and 56555).

These two new items are for computed tomography colonography. The introduction of new items has resulted in the redundancy and subsequent deletion of items 56552 and 56554.

These new items will be included in the Diagnostic Imaging Services Table from 1 September, 2015.

 

Item 8 – Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 6 – Pathology services, P7

Item 8 amends Schedule 3, Part 3 – Type C Procedures, Clause 8 Interpretation, Category 6 – Pathology services, P7 by inserting one new MBS item number 73338.

This new item will be inserted into the PST for pharmacogenetic testing – RAS (KRAS and NRAS) Determination.

This new item will be included in the Pathology Services Table from 1 September, 2015.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) were enacted to amend the existing Private Health Insurance (Benefit Requirements) Rules 2011, which set out the minimum benefit requirements for psychiatric, rehabilitation, and palliative care, as well as other hospital treatments. These amendments were introduced to align the benefit requirements with updates to the Medicare Benefits Schedule (MBS). The enacting authority for these rules is Section 333-20 of the Private Health Insurance Act 2007, and they were made under the purview of the Minister for Health. The primary objective of these rules is to ensure that the benefit requirements for private health insurance remain current with medical advancements and evolving healthcare needs. The rules were designed to insert 51 new MBS item numbers and remove three existing ones, reflecting changes in medical services and technology. The rules, which took effect on 1 September 2015, were formulated following consultation within the Department of Health and medical experts, given the minor nature of the amendments and their limited impact on existing arrangements. The amendments involve updating the categorisation and benefits for various patient types and medical procedures, ensuring that private health insurers provide adequate coverage for new and emerging treatments. These changes are essential to maintain the integrity and effectiveness of the private health insurance system in Australia.

Scope and Application

The Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) applies to health insurers operating within Australia, specifically those required to adhere to the minimum benefit requirements for hospital treatment under the Private Health Insurance Act 2007. These rules amend the Private Health Insurance (Benefit Requirements) Rules 2011, focusing on updating the Medicare Benefits Schedule (MBS) item numbers for various categories of hospital treatment, including overnight and same-day patient classifications. The rules affect entities such as private health insurance providers, hospitals, and healthcare providers who bill for services under the MBS. Geographically, the rules apply nationally across Australia, impacting all states and territories. The Amendment Rules do not explicitly state any exclusions or exemptions, but they operate within the framework of the existing Private Health Insurance Act and its regulations. The application of these rules is further extended or restricted through subordinate instruments, which detail the specific MBS items and their classifications for hospital treatments. These amendments ensure that health insurers provide adequate coverage in line with updated medical practices and technological advancements.

Key Provisions

The Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) (Amendment Rules) primarily amend the Private Health Insurance (Benefit Requirements) Rules 2011 (Principal Rules) to update the list of Medicare Benefits Schedule (MBS) item numbers included in the benefit requirements for private health insurance. Specifically, the Amendment Rules insert 51 new MBS item numbers and remove three existing MBS item numbers, reflecting updates to medical services and procedures. These changes are intended to ensure that private health insurance policies continue to provide adequate coverage for the latest medical treatments and services (Sections 1-4). The Amendment Rules impose several obligations on private health insurers. Insurers must now cover the newly listed MBS item numbers in their benefit packages, ensuring that policyholders have access to the latest medical services. This includes updating their policy documentation and benefit schedules to reflect the changes. Insurers must also ensure that the benefits provided align with the minimum standards set out in the amended Schedules 1 and 3 of the Principal Rules. Failure to comply with these requirements could result in non-compliance with the Private Health Insurance Act 2007 (Sections 1-4). Breaches of the Private Health Insurance (Benefit Requirements) Amendment Rules 2015 (No. 3) can lead to significant legal and financial consequences for private health insurers. Non-compliance with the mandated benefit requirements could result in penalties under the Private Health Insurance Act 2007. While the specific penalties are not detailed in the Amendment Rules, they could include fines, corrective action orders, or other enforcement measures. Insurers found to be in breach may also face legal action from policyholders who suffer financial loss due to inadequate coverage. Additionally, ongoing non-compliance could damage the insurer’s reputation and lead to a loss of consumer trust, further compounding the financial and legal repercussions (Sections 1-4).

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