Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L03198 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health and Ageing

Private Health Insurance Act 2007

Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2)

 

Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Prostheses) 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.

 

Item 4 of the table in subsection 72-1(2) of Part 3-3 of the Act provides for requirements that a complying health insurance policy that covers hospital treatment must meet.  There must be a minimum benefit for the provision of a prosthesis of a kind listed in the Private Health Insurance (Prostheses) Rules.

 

Item 4 of the table provides that in order for a private health insurer to be required to pay the minimum benefit, a Medicare benefit must be payable in respect of the professional service associated with the provision of the listed prosthesis.

 

If the complying health insurance policy also covers hospital-substitute treatment, the same requirements apply.

 

The Private Health Insurance (Prostheses) Rules 2009 (No. 2) (the Rules) commence on 15 August 2009.

 

The Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2) (the Amendment Rules) commence on 15 August 2009 and amend the Schedule to the Rules.

 

The Schedule to the Rules has two parts:

  • Part A – Prostheses; and
  • Part B – Human Tissue List.

 

The Amendment Rules update Part A of the Schedule to the Rules by:

  • changing the ‘Minimum Benefit of two (2) items, Billing Codes IS001 and DV230;
  • deleting the ‘Maximum Benefit of eleven (11) items, Billing Codes SY517, SY518, MO295, MO296, MO297, MO298, MO299, MO300, MO301, MO303, and MO304;
  • changing the ‘Minimum Benefit and deleting the ‘Maximum Benefit’ of two (2) items, Billing Codes DV029 and DV010;
  • transferring thirteen (13) Billing Codes from Orthotech Pty Ltd to Lima Orthopaedics Australia Pty Ltd. These changes were effected by deleting the following Billing Codes (OH082, OH083, OH084, OH085, OH086, OH087, OH088, OH089, OH090, OH114, OH115, OH138, OH327) and replacing them with the following Billing Codes (LC036, LC037, LC038, LC039, LC040, LC041, LC042, LC043, LC044, LC045, LC046, LC047, LC048);
  • adding two (2) items, Billing Codes SP032 and MF034; and
  • inserting the heading “Reconstruction Sheeting, Plastic Surgery” and subheading “Medical Vision Australia Pty Ltd” after the Billing Code MP011.

.
CONSULTATION

 

The Amendment Rules have been made having regard to recommendations made by the Prostheses and Devices Committee (PDC), a ministerially appointed Committee comprised of nominees from private health insurers, hospitals, clinicians, prostheses and devices suppliers, and consumer representatives.

 

In making their recommendations, the PDC were advised by Clinical Advisory Groups, other clinical experts, and benefits negotiators, all appointed by the PDC.

 

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

 

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

ATTACHMENT

 

DETAILS OF THE PRIVATE HEALTH INSURANCE (PROSTHESES) AMENDMENT RULES 2009 (No. 2)

 

1.  Name of Rules

 

Rule 1 provides that the title of the Rules is the Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2).

 

2.  Commencement

 

Rule 2 provides for the Rules to commence on 15 August 2009.

 

3.  Amendment of the Schedule to the Private Health Insurance (Prostheses) Rules 2009 (No. 2)

 

Rule 3 provides for the amendments to the Schedule to the Private Health Insurance (Prostheses) Rules 2009 (No. 2).

 

The amendments include:

  •      transferring thirteen (13) Billing Codes from Orthotech Pty Ltd to Lima Orthopaedics Australia Pty Ltd. These changes were effected by deleting the following Billing Codes (OH082, OH083, OH084, OH085, OH086, OH087, OH088, OH089, OH090, OH114, OH115, OH138, OH327) and replacing them with the following Billing Codes (LC036, LC037, LC038, LC039, LC040, LC041, LC042, LC043, LC044, LC045, LC046, LC047, LC048).  These amendments are outlined in the table below:

 

 

Previous Billing Code

New Billing Code

Product Name

Description

Size

Minimum Benefit

Maximum Benefit

OH084

LC036

Lima RPS Tumor System

RPS Additional Spacer

40, 60, 90, 120mm

$1,900.00

 

OH088

LC037

Randelli/SMR Total Shoulder

Randelli/SMR Eccentrical Adapter

0 - 6mm

$1,000.00

 

OH114

LC038

Randelli/SMR Shoulder System

Uncemented Glenoid

Mini, Small, Standard

$2,220.00

 

OH115

LC039

Randelli/SMR Shoulder System

Uncemented Glenoid Liner

Mini, Small, Standard

$1,960.00

 

OH086

LC040

Randelli/SMR Total Shoulder

Randelli/SMR Neutral Taper

0 - 6mm

$950.00

 

OH089

LC041

Randelli/SMR Total Shoulder

Randelli/SMR Humeral Body with Locking Screw

One size only

$2,580.00

 

OH090

LC042

Randelli/SMR Total Shoulder

Randelli SMR shoulder cemented stem

8, 10, 12, 14, 16mm

$2,900.00

 

OH085

LC043

Randelli/SMR Total Shoulder

Randelli/SMR Shoulder Uncemented Stem

11-24mm

$2,800.00

 

OH083

LC044

Lima RPS Tumor System

RPS Total Shoulder Replacement Stem

200, 240, 280mm

$6,900.00

 

OH087

LC045

Randelli/SMR Total Shoulder

Randelli/SMR Humeral Head

42, 44, 46, 48, 50, 52, 54mm

$2,330.00

 

OH082

LC046

Lima RPS Tumor System

RPS Humeral Head

46, 52, 58mm

$3,680.00

 

OH138

LC047

Lima Humeral Nail

Stainless steel

Dia 7 - 8mm, length 200 - 300mm

$1,990.00

 

OH327

LC048

Randelli/SMR Total Shoulder

Randelli/SMR shoulder revision cemented stem

200, 240, 280mm

$3,000.00

 

 

  • adding two (2) items, Billing Codes SP032 and MF034, as outlined in the table below:

 

Billing Code

Product Name

Description

Size

Minimum Benefit

Maximum Benefit

 

Notation

SP032

OsteoMed Plating & Fixation System

Lag Screws - Maxi, MMF, 3.0mm

2.4mm x (8 – 42)mm; 2.4 x (12 – 18)mm; 3.0mm x (12 – 36)mm

$80.00

 

Only to be funded where used in a service for which a Medicare Benefit is payable

MF034

Sphere

Orbital Sphere Models 6316, 6326, 6327, 6317 and 6322 8702-8704.  COI implant, models 7222, 7223 & 80026.  MCOI implant, models 7207 – 7209 Quad Motility Implants 9866 – 9868 & 80022

Orbital Sphere Models 6316: 14mm, 6326: 16mm, 6327: 18mm, 6317: 20mm, 6322: 22mm, 8702: 19mm, 8703: 21mm, 8704: 23mm, COI Implants 7222: Approx 4ml, 7223: Approx 5ml, 80026: Approx 6ml, MCOI 7207: Approx 3ml, 7208: Approx 4.2ml, 7209: Approx 5.6 ml, QUAD Motility Small 16ml, Medium: 18ml, Large: 20ml

$713.00

 

Only to be funded where used in a service for which a Medicare Benefit is payable

 

  •      changing the ‘Minimum Benefit’ of Billing Codes IS001 and DV230, as outlined in the table below;  

 

Billing Code

Amendment

IS001

Minimum benefit changed to $255.00 (from $243.00).

DV230

Minimum benefit changed to $600.00 (from $425.00)

 

  • deleting the ‘Maximum Benefit’ of Billing Codes SY517, SY518, MO295, MO296, MO297, MO298, MO299, MO300, MO301, MO303, and MO304, as outlined in the table below: 

 

Billing Code

Amendment

SY517

Delete Maximum benefit of $75.00

MO296

Delete Maximum benefit of $170.00

MO297

Delete Maximum benefit of $170.00

MO298

Delete Maximum benefit of $350.00

MO299

Delete Maximum benefit of $450.00

SY518

Delete Maximum benefit of $500.00

MO300

Delete Maximum benefit of $600.00

MO301

Delete Maximum benefit of $650.00

MO303

Delete Maximum benefit of $644.00

MO304

Delete Maximum benefit of $725.00

MO295

Delete Maximum benefit of $770.00

 

  • changing the ‘Minimum Benefit’ and deleting the ‘Maximum Benefit’ of Billing Codes DV010 and DV029, as outlined in the table below:

 

Billing Code

Amendment

DV010

Minimum benefit changed to $334.00 (from $247.00); and Maximum benefit deleted

DV029

Minimum benefit changed to $243.00 (from $159.00); and

Maximum benefit deleted

 

  • inserting  the heading “Reconstruction Sheeting, Plastic Surgery” and subheading “Medical Vision Australia Pty Ltd” after the Billing Code MP011.

Overview

The Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2) were enacted to amend the Private Health Insurance (Prostheses) Rules 2009, which were made under the Private Health Insurance Act 2007. The Act was introduced to address gaps in the private health insurance system, particularly concerning the provision of prostheses. The rules were enacted by the Minister for Health and Ageing and aim to update the minimum benefits for certain prostheses, delete the maximum benefits for others, and transfer billing codes from one provider to another. The changes were made in response to recommendations from the Prostheses and Devices Committee, which included representatives from various sectors such as private health insurers, hospitals, clinicians, and consumer groups. These amendments were designed to ensure that private health insurance policies meet the necessary standards for prostheses coverage, reflecting current clinical practices and market conditions.

Scope and Application

The Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2) are subordinate legislation under the Private Health Insurance Act 2007 and aim to update the minimum and maximum benefits associated with certain prostheses listed in the Schedule of the Private Health Insurance (Prostheses) Rules 2009 (No. 2). These Amendment Rules apply to private health insurers, prostheses suppliers, and consumers who engage in transactions involving prostheses covered by a complying health insurance policy. The rules are designed to ensure that the benefits for certain prostheses are adjusted to reflect current market values and clinical standards. The amendment rules affect specific billing codes and prostheses, including transferring billing codes from one supplier to another, changing minimum benefits for certain prostheses, and deleting maximum benefits for others. The changes are effective from 15 August 2009 and are based on recommendations from the Prostheses and Devices Committee, which comprises representatives from various stakeholders including private health insurers, hospitals, clinicians, prostheses and devices suppliers, and consumer representatives.

Key Provisions

The Private Health Insurance (Prostheses) Amendment Rules 2009 (No. 2) amends the Private Health Insurance (Prostheses) Rules 2009, which set out specific requirements for prostheses covered under private health insurance policies in Australia. Section 333-20 of the Private Health Insurance Act 2007 allows the Minister to make rules governing prostheses, including minimum and maximum benefits for listed prostheses, as well as the conditions under which insurers must provide these benefits. The Amendment Rules update the Schedule to the Rules, specifically altering minimum and maximum benefits for certain prostheses, removing maximum benefits for others, and transferring billing codes from one supplier to another. These amendments ensure that the benefits offered by private health insurance policies are consistent with current clinical practices and market conditions. The obligations imposed by these rules primarily concern private health insurers, who must adhere to the specified minimum and maximum benefits for the listed prostheses. They must also ensure that the benefits are only payable when a Medicare benefit is applicable to the associated professional service. Insurers must update their policies to reflect the changes in the Amendment Rules, ensuring that they comply with the new minimum and maximum benefits and other specified conditions. Additionally, suppliers named in the Amendment Rules must ensure that their products are accurately billed under the new codes, where applicable. Non-compliance with these rules can lead to significant consequences. Private health insurers found to be in breach of the rules may face civil penalties, including fines, as stipulated in the Private Health Insurance Act 2007. These penalties are designed to enforce compliance and protect consumers by ensuring that insurers provide the benefits as mandated by the rules. The exact penalties are determined based on the nature and severity of the breach but can be substantial, reflecting the importance of adhering to the regulatory framework governing private health insurance in Australia.

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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.