Private Health Insurance (Registration) Amendment Rules 2013

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Health

Private Health Insurance Act 2007

Private Health Insurance (Registration) Amendment Rules 2013

Authority

Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Registration) Rules providing for matters required or permitted by Part 4-3 of the Act, or necessary or convenient in order to carry out or give effect to Part 4-3 of the Act.

The Private Health Insurance (Registration) Amendment Rules 2013 (the Amendment Rules) amend the Private Health Insurance (Registration) Rules 2009 (No.2) (the Principal Rules), which commenced on 22 July 2009.

Purpose

The purpose of the Amendment Rules is to expand The Doctors’ Health Fund Limited (DHF) restricted access group as described in the Schedule to the Principal Rules.

DHF has requested that its restricted access group be extended to also include people who are employees of associations of health practitioners.  For example, this amendment will allow employees of optometrist, dental and physiotherapist associations to join DHF. 

The impact of this amendment is not significant as it is estimated that this class of employees is no more than 300 people.  

Background

DHF, as a restricted access insurer and in accordance with subsection 126-20(6) of the Act, may only make available complying health insurance products to people who belong to a particular group as defined in subsection 126-20(7) of the Act.  Restricted access insurers and groups are listed in the Schedule to the Principal Rules.  The current restricted access group for DHF includes the following:

• a person who is, or was, a medical practitioner; 
• a person who is, or was at any time, a health practitioner;
• a person studying to be a health practitioner;
• A health practitioner includes the following categories:

•                   medical;
•                   medical radiation;
•                   optometry;
•                   dental;
•                   occupational therapy;
•                   physiotherapy; and
•                   psychology,

• an employee of the Medical Practitioner or a Health Practitioner or an officer or employee of an incorporated practice of a Medical Practitioner or a Health Practitioner;
• an overseas trained doctor enrolled through the Australian Medical Council to sit for the examinations of that Council or of one of the specialist colleges affiliated with the Council; 
• an officer or employee of the federal, or a state, Australian Medical Association;
• an officer or employee of an associated or subsidiary organisation of the federal, or a state, Australian Medical Association;
• an officer or employee of any federal or state association of registered medical practitioners; or
• an officer or employee (including contractors) of Avant Insurance Limited (ABN 82 003 707 471) or Avant Law Pty Limited (ACN 136 429 153).

Consultation

The Department of Health and Ageing consulted DHF in November and December 2012 regarding the Amendments and are comfortable they will not significantly affect existing arrangements.  The Private Health Insurance Administration Council was consulted regarding this Amendment.  The PHIAC advised they are comfortable with the Amendment.  

The Office of Best Practice Regulation (OBPR) was also consulted. OBPR advised that a Regulation Impact Statement was not required because the amendment is minor.

The Amendment Rules commence on the day after registration on the Federal Register of Legislative Instruments.

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

PRIVATE HEALTH INSURANCE BRANCH

DEPARTMENT OF HEALTH AND AGEING

JANUARY 2013