EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Private Health Insurance Act 2007
Private Health Insurance (Data Provision) Rules 2011
Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Data Provision) Rules (the 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 Rules 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 those set out in the following documents, which were approved on 8 March 2011 by the Acting 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.
These documents 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
The documents above replace the GT-Dental Data from Insurers to the Department, HCP1 Data from Insurers to the Department and the HCP2 Data from Insurers to the Department documents approved by the Assistant Secretary of the Private Health Insurance Branch on 2 June 2010 and were referred to in the Private Health Insurance (Data Provision) Rules 2010 (the previous Rules).
The Act does not specify any conditions that need to be met before the power to make the Rules may be exercised.
Consultation
In 2010-11, the Department consulted with the private health insurance industry through quarterly HCP Data Working Group meetings regarding minor ‘housekeeping’ type amendments required to the GT-Dental, HCP1 and HCP2 specifications. HCP Data Working Group meetings comprise of Department and industry stakeholder representatives. Private health insurance stakeholder representatives interested in developing the amendments participated at the HCP Data Working Group meetings. Industry is of the view that it is appropriate for minor amendments to be managed by this Working Group. 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.
Details of the Rules are set out in the Attachment.
The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Rules commence on 1 July 2011 or, if the Rules are registered after 1 July 2011, on the day after they are registered.
Authority: Section 333-20 of the Private Health Insurance Act 2007
ATTACHMENT
DETAILS OF THE PRIVATE HEALTH INSURANCE (DATA PROVISION) RULES 2011
1. Name of Rules
Rule 1 provides that the title of the Rules is the Private Health Insurance (Data Provision) Rules 2011.
2. Commencement and revocation
Subrule 2(1) provides that the Rules are to commence on 1 July 2011 or, if the Rules are registered after 1 July 2011, on the day after they are registered.
Subrule 2(2) provides that the Rules revoke the Private Health Insurance (Data Provision) Rules 2010.
3. Definitions
Rule 3 defines the terms used in the Rules. The terms used in the Rules have the same meaning as in the Act.
4. Information to be provided
Subrule 4(1) provides for the purpose of section 172-10 of the Act, that the kinds of information, relating to the treatment of insured persons, that private health insurers are to give to the Secretary of the Department are the kinds of information specified in GT-Dental Data from Insurers to the Department, HCP1 Data from Insurers to the Department and HCP2 Data from Insurers to the Department.
Subrule 4(2) provides that for the purposes of interpreting the kinds of information to be provided with respect to “Data Specifications (GT-Dental)”, reference must be made to “Explanatory Notes (GT-Dental)”.
Subrule 4 (3) provides that for the purposes of interpreting the kinds of information to be provided with respect to “Data Specifications (HCP1)”, reference must be made to “Explanatory Notes (HCP1)”.
Subrule 4 (4) provides that for the purposes of interpreting the kinds of information to be provided with respect to “Data Specifications (HCP2)”, reference must be made to “Explanatory Notes (HCP2)”.
PRIVATE HEALTH INSURANCE BRANCH
DEPARTMENT OF HEALTH AND AGEING
JUNE 2011