Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00356 Rules In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Disability and the National Disability Insurance Scheme, Minister for Health and Ageing

 

Private Health Insurance Act 2007

 

Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026

 

Purpose

 

The purpose of the Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No.1) 2026 (the MDHTP Amendment Rules) is to replace Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 (the MDHTP Rules) with a new Schedule. The MDHTP Rules set out the minimum benefit payable for each listed item.

 

Listed items and their minimum benefits are set out in Schedule 1 to the MDHTP Rules. Schedule 1 to the MDHTP Rules is known as the Prescribed List of medical devices and human tissue products (Prescribed List).

 

The Prescribed List has four parts:

         Part 1 - Part A – Medical Devices

         Part 2 - Part B – Human Tissue Products

         Part 3 - Part C – Other Medical Devices

         Part 4 - Part D – General Use Items (medical devices)

 

The MDHTP Amendment Rules amend the MDHTP Rules by making changes to the benefits of 58 billing codes in Part B to reflect whole dollar amounts rather than dollars and cents.

 

Background

 

The Table in subsection 72-1(2) of Part 3-3 of the Act (Table) provides for benefit requirements a complying health insurance policy that covers hospital treatment must meet. Under item 4 of the Table, there must be a benefit for the provision of a medical device or human tissue product, of a kind listed in the MDHTP Rules, in specified circumstances and under any specified conditions. The specified circumstances are that the listed item is provided in circumstances in which a medicare benefit is payable or in other circumstances which may be set out in the MDHTP Rules. The specified conditions are any that may be set out in the MDHTP Rules.

 

If the complying health insurance policy also covers hospital-substitute treatment then under item 4 of the Table, the same requirements apply.

 

Subsection 72-10(2) of the Act provides that a person may apply to the Minister to have the MDHTP Rules list a medical device or human tissue product of the kind to which the application relates to (listed item). The applicant for these applications is known as the ‘sponsor’. If the listing application is accepted, and the device or human tissue product is listed in Schedule 1 of the MDHTP Rules, the sponsor will be responsible for any obligations related to the billing code (listed item). The sponsor also has obligations to ensure the information in Schedule 1 relating to the billing code is accurate and up to date.

 

After the MDHTP Rules had been made, stakeholders advised, and the department became aware of, errors (including incorrect benefit amounts for 58 listed billing codes) in the Schedule of the MDHTP Rules. The MDHTP Amendment Rules are made to rectify these errors.

 

Personal information may be collected as part of the application for listing process. This is generally limited to the names and contact information for contact persons for sponsors. To the extent that any information collected in relation to an application is personal information within the meaning of the Privacy Act 1988, the department collects, stores, uses and discloses that information in accordance with the Privacy Act, including the Australian Privacy Principles. The department’s Privacy Policy also applies to personal information collected as part of the application process, which is available on the department’s website.

 

Legislative authority

 

Item 4 of the Table in section 333-20 of the Act provides that the Minister may make the MDHTP Rules, providing for matters required or permitted by Part 3-3 of the Act, or necessary or convenient in order to carry out or give effect to Part 3-3 of the Act.

 

Subsection 72-10(5) of the Act applies if the Minister grants the application and the applicant pays any cost-recovery fee that the applicant is liable to pay in relation to the initial listing of the kind of medical device or human tissue product to which the application relates. If the Minister grants the application and the applicant pays the cost-recovery fee, then the Minister must list the kind of medical device or human tissue product the next time the Minister makes or varies the MDHTP Rules.

 

Subsection 72-10(6) of the Act provides that the MDHTP Rules may set out criteria that must be satisfied in order for an application to be granted.

 

Section 72-15 of the Act provides for the MDHTP Rules to specify cost-recovery fees for activities carried out by, or on behalf of, the Commonwealth in connection with the performance of functions, or the exercise of powers, conferred by or under the Act in relation to the listing of kinds of medical devices and human tissue products in the MDHTP Rules.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

 

In addition to the power to make this instrument under section 333-20 of the Act, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Commencement

 

The MDHTP Amendment Rules commence on 27 March 2026.

 

Consultation

 

In making the MDHTP Amendment Rules and the billing codes in Schedule 1, the rule-maker had regard to feedback from stakeholders, including hospitals, private health insurers and sponsors of listed products.

 

General

 

The MDHTP Rules are a legislative instrument for the purposes of the Legislation Act 2003.

 

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

 

The MDHTP Amendment Rules are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 


ATTACHMENT A

 

Details of the Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026

 

Part 1 ­ Preliminary

 

Section 1 ­ Name

 

Section 1 provides that the name of the instrument is the Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026.

 

Section 2 ­ Commencement

 

Section 2 provides that the instrument commences on 27 March 2026.

 

 

Section 3 ­ Authority

 

Section 3 provides that the instrument is made under item 4 of the Table in section 33320 of the Private Health Insurance Act 2007.

  

Section 4 ­ Schedules

 

Section 4 provides that the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 is amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026

 

Item 1 Schedule 1

 

Item 1 repeals Schedule 1 of the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 and substitutes:


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026

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 Disallowable Legislative Instrument

The Table in subsection 72-1(2) (the Table) of Part 3-3 of the Private Health Insurance Act 2007 (the Act) provides for benefit requirements a complying health insurance policy that covers hospital treatment must meet. Under item 4 of the Table, there must be a benefit for the provision of a medical device or human tissue product, of a kind listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, in specified circumstances and under any specified conditions. The specified circumstances are that the listed item is provided in circumstances in which a medicare benefit is payable or in other circumstances which may be set out in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules. The specified conditions are any that may be set out in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules.

 

The purpose of the Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026 (MDHTP Amendment Rules) is to amend the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 (MDHTP Rules) to replace Schedule 1 with an updated Schedule 1.

 

Listed items and their minimum benefits are set out in Schedule 1 to the Private Health Insurance (Medical Devices and Human Tissue Products) Rules. Schedule 1 is known as the Prescribed List.

 

The MDHTP Amendment Rules amend the MDHTP Rules by making changes to the benefits of 58 billing codes in Part B to reflect whole dollar amounts rather than dollars and cents.

 

After the MDHTP Rules had been made, stakeholders advised, and the department became aware of, errors (including incorrect benefit amounts for 58 listed billing codes) in the Schedule of the MDHTP Rules. The MDHTP Amendment Rules are made to rectify these errors.

 

Human rights implications

The MDHTP Amendment Rules engage article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the right to health.

Right to Health

The right to the enjoyment of the highest attainable standard of physical and mental health is contained in article 12(1) of the ICESCR. Whilst the UN Committee on Economic Social and Cultural Rights has stated that the right to health is not to be understood as a right to be healthy, it does entail a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. In addition, the right to health must meet certain key requirements, including that health care must be scientifically and medically appropriate and of good quality.

Analysis

The correction to the benefit amounts of the 58 billing codes certifies that benefits are accurately listed on the Prescribed List, which ensures that privately insured patients are reimbursed appropriately for the human tissue products they receive. This will impact positively on the right to health of insured persons.

Conclusion

The MDHTP Amendment Rules is compatible with human rights because it promotes the protection of human rights, in particular the right to health.

   

Brian Kelleher

Assistant Secretary

Private Hospitals Branch

Portfolio Strategy Division

Systems Strategy Group

Department of Health, Disability and Ageing

Overview

The Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026 were enacted to amend the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 by replacing Schedule 1 with an updated version to correct errors in the benefit amounts for 58 billing codes. This was necessitated by feedback from stakeholders and the discovery of discrepancies in the original rules. The amendment aims to ensure that benefits are accurately listed on the Prescribed List, which guarantees that privately insured patients receive appropriate reimbursement for human tissue products. These rules were enacted by the Minister for Disability and the National Disability Insurance Scheme, Minister for Health and Ageing, under the authority of the Private Health Insurance Act 2007. The policy objective is to rectify inaccuracies in the benefit amounts listed in the Prescribed List, thereby enhancing the quality and reliability of healthcare benefits for insured individuals. The rules, which will come into effect on 27 March 2026, reflect the government's commitment to maintaining a fair and accurate healthcare reimbursement system. The amendment process involved consultation with stakeholders, including hospitals, private health insurers, and sponsors of listed products. The MDHTP Amendment Rules are designed to ensure compliance with human rights, particularly the right to health as outlined in the International Covenant on Economic, Social and Cultural Rights. This legislative instrument is compatible with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, promoting the protection of human rights by ensuring that healthcare benefits are accurately listed and patients are appropriately reimbursed.

Scope and Application

The Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026 apply to the entities and individuals involved in the provision of medical devices and human tissue products within the scope of private health insurance in Australia. Specifically, these rules are relevant to private health insurers, sponsors of listed medical devices and human tissue products, and the Department of Health, Disability and Ageing, which oversees the implementation and compliance of these rules. The geographic and jurisdictional reach of these rules is Commonwealth-wide, as they are made under the authority of the Private Health Insurance Act 2007, which operates nationally. The rules are designed to amend the existing Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 by correcting inaccuracies in the benefit amounts of 58 billing codes in the Prescribed List, thereby ensuring that insured patients receive appropriate reimbursement for the services they receive. While the rules primarily address the rectification of specific errors, they do not introduce any new exclusions or exemptions beyond what is already specified in the overarching Private Health Insurance Act 2007. The rules come into effect on 27 March 2026 and are made under the authority provided by the Act, with the legislative framework allowing for the amendment and variation of such rules as necessary.

Key Provisions

The main operative sections of the Private Health Insurance (Medical Devices and Human Tissue Products) Amendment Rules (No. 1) 2026 (MDHTP Amendment Rules) include Section 1, which names the instrument, Section 2, which specifies the commencement date of 27 March 2026, and Section 3, which identifies the authority under which the instrument is made. The primary purpose of these rules is to amend the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (No. 1) 2026 (MDHTP Rules) by replacing Schedule 1 with an updated version that corrects errors in benefit amounts for certain medical devices and human tissue products. Specifically, Schedule 1, also known as the Prescribed List, has four parts: Part A – Medical Devices, Part B – Human Tissue Products, Part C – Other Medical Devices, and Part D – General Use Items (medical devices). The MDHTP Amendment Rules modify the benefits of 58 billing codes in Part B of the Prescribed List to reflect whole dollar amounts instead of dollars and cents. The MDHTP Amendment Rules impose obligations on several parties, including sponsors of listed medical devices and human tissue products. Sponsors are responsible for ensuring that the information in Schedule 1 relating to their billing codes is accurate and up to date. Additionally, the department that administers the MDHTP Rules collects, stores, uses, and discloses personal information related to listing applications in accordance with the Privacy Act 1988 and its own Privacy Policy. The MDHTP Amendment Rules also specify that cost-recovery fees may be applicable for activities related to listing applications. Breaching the provisions of the MDHTP Amendment Rules may have civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is likely that breaches could lead to enforcement actions under the Private Health Insurance Act 2007. Such actions may include fines or other penalties as prescribed by the Act. Ensuring compliance with these rules is crucial to maintaining the integrity of the private health insurance system and protecting the rights of insured individuals to appropriate reimbursement for medical devices and human tissue products.

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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.