EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Private Health Insurance Act 2007
Private Health Insurance (Data Provision) Amendment Rules 2013 (No. 1)
Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Data Provision) Rules providing for matters required or permitted by Part 4-5 of the Act, or necessary or convenient in order to carry out or give effect to Part 4-5 of the Act.
The Private Health Insurance (Data Provision) Rules 2012 (the Principal Rules) which commenced on 1 November 2012, specify the kinds of information, relating to the treatment of insured persons, that private health insurers are to give to the Secretary of the Department under section 172-10 of the Act.
The kinds of information specified are set out in the following documents, which were approved on 13 May 2012 by the Assistant Secretary of the Private Health Insurance Branch of the Department of Health and Ageing:
- GT-Dental Data from Insurers to the Department;
- HCP1 Data from Insurers to the Department; and
- HCP2 Data from Insurers to the Department.
The Private Health Insurance (Data Provision) Amendment Rules 2013 (No. 1) (the Amendment Rules) amends the Definitions of the Principal Rules. The Definitions of the Principal Rules specify the meaning of the above kinds of information that are required to be provided by insurers to the Department.
The purpose of the Amendment Rules is to incorporate in the Definitions section reference to the revised HCP1 Data from Insurers to the Department document which was approved on 9 May 2013 by the Assistant Secretary of the Financing and Analysis Branch of the Department of Health and Ageing. This document replaces the document of the same name that was previously referred to in the Principal Rules. The revised document can be found on the Department of Health and Ageing website at:
http://www.health.gov.au/internet/main/publishing.nsf/Content/health-casemix-data-collections-about-HCP.
These amendments are necessary due to the introduction, on 1 July 2013, of new versions of the ICD-10-AM (v8) and AR-DRG (v7.0) classification systems used to describe and group admitted patient care episodes, and to improve clarity and data handling.
Consultation
In early 2013, the Department consulted with the private health insurance and private hospital industry through existing working group arrangements regarding minor amendments required to the HCP, HCP1 and PHDB specifications. The working groups are comprised of Department and industry stakeholder representatives. Private health insurance and private hospital stakeholder representatives interested in developing the amendments participated in the process. Industry is of the view that it is appropriate for minor amendments to be managed through the working group arrangements. Previous minor amendments to the data specifications have been managed in this way. The amended data specifications are distributed to industry via a Private Health Insurance Circular.
The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Rules commence on 1 July 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Private Health Insurance (Data Provision) Amendment Rules 2013 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Private Health Insurance (Data Provision) Rules 2012 (the Principal Rules) specify kinds of information that private health insurers are required to give to the Secretary of the Department of Health and Ageing under section 172-10 of the Private Health Insurance Act 2007.
The Definitions of the Principal Rules specify the meaning of the kinds of information that are required to be provided by insurers to the Secretary contained in the following documents:
- GT-Dental Data from Insurers to the Department;
- HCP1 Data from Insurers to the Department; and
- HCP2 Data from Insurers to the Department.
The Private Health Insurance (Data Provision) Amendment Rules 2013 (No. 1) (the Amendment Rules) amend the Definitions section of the Principal Rules to incorporate the revised HCP1 Data from Insurers to the Department document which was approved on 9 May 2013 by the Assistant Secretary of the Financing and Analysis Branch of the Department of Health and Ageing.
The amendment is required because of to the introduction, on 1 July 2013, of new versions of the ICD-10-AM (v8) and DRG (v7.0) classifications systems used to describe and group admitted patient care episodes, and to improve clarity and data handling.
The specified information required to be provided to the Secretary does not include identified patient information.
Human rights implications
This Legislative Instrument will engage the human right of privacy but will not result in any limitation of that right.
Supply of the HCP1 Data from Insurers to the Department involves the disclosure of de-identified personal information, including health information, from private health insurers to the Department of Health and Ageing. However, the information supplied could not reasonably be used by the Department to identify a patient.
The amendments are essentially mechanical in nature, and do not substantively alter any legislative requirements.
Conclusion
The Legislative Instrument is compatible with human rights as, although it engages the right of privacy in relation to personal information, it will not result in any limitation of that right.
Gareth Sebar
Assistant Secretary, Financing and Analysis Branch
Department of Health and Ageing