EXPLANATORY STATEMENT
Repatriation Private Patient Principles ((Australian Participants in British Nuclear Tests) 2006 – Removal of Arrangements for Local Medical Officers) Instrument 2007
EMPOWERING PROVISION
Section 17 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act).
PURPOSE
The attached instrument amends the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (RPPP (Nuclear).
The RPPP (Nuclear) is a legislative instrument made under section 17 of the Act and sets out the circumstances in which the Repatriation Commission may accept financial liability for treatment for malignant neoplasia provided to Australian participants in British nuclear tests (entitled persons) as private patients.
A person is a private patient if, for the purposes of the Health Insurance Act 1973, they are a private patient of a hospital or if they are treated by a medical specialist at a place other than a hospital.
The attached instrument removes a criterion from the definition of “Local Medical Officer” namely that the Local Medical Officer is a medical practitioner who provides treatment to an entitled person under arrangements with the Repatriation Commission.
Prior to the attached Instrument, unless a Local Medical Officer had an arrangement with the Repatriation Commission in relation to treating entitled persons, then under the RPPP (Nuclear) the Repatriation Commission could not accept financial liability for the Local Medical Officer’s services (arrangement-requirement).
Arrangements between Local Medical Officers and the Repatriation Commission addressed matters such as fees for treatment, manner of claiming fees and a registration system aimed at securing better services for entitled persons and facilitating accountability.
Issuing contracts to new providers and the renewal of contracts for existing providers is a huge task for DVA and likewise imposes a significant burden on busy health care providers. Accordingly DVA reviewed the situation.
It was found that the use of arrangements by the Commission was not necessary for Local Medical Officers or indeed the majority of health care providers and that the matters addressed in arrangements could be dealt with in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 made under section 16 of the Act, either directly or indirectly via incorporated documents.
Accordingly the Repatriation Commission, acting on advice from DVA, decided to remove the arrangement-requirement from the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 and the RPPP (Nuclear) and regulate relationships with Local Medical Officers and other health care providers in a more prescriptive way ie in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.
Under the RPPP (Nuclear), Local Medical Officers will now no longer need an arrangement with the Repatriation Commission but must provide medical services to entitled persons in accordance with the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 in order for the Repatriation Commission to accept financial liability for the Local Medical Officer’s services.
The role of a Local Medical Officer under the RPPP (Nuclear) is that he or she may refer an entitled person to a medical specialist without needing to obtain the prior approval of the Repatriation Commission.
The amendments made by the attached instrument will not operate in situations where a Local Medical Officer still has a current arrangement/contract with the Repatriation Commission as previously required by the RPPP (Nuclear).
Where a current arrangement/contract is on foot, the RPPP (Nuclear) will apply to the situation in the state they were in immediately before they were amended by the attached instrument.
It is only when that current arrangement/contract expires (or is terminated) and the Local Medical Officer refers an entitled person to a medical specialist and claims payment from DVA that the attached amendments would apply.
The reason for allowing any current arrangements/contracts with Local Medical Officers to run their course, rather than terminating them, is because terminating several thousands of arrangements/contracts would impose significant demands on both Local Medical Officers and DVA.
RETROSPECTIVE
No.
CONSULTATION
Yes, consultation occurred with representatives of Local Medical Officers in a number of DVA/provider consultative forums at various times.
Documents Incorporated-by-Reference
Yes. The “Notes for Local Medical Officers” (a non-legislative document) as in force on 1 May 2007 is incorporated into the RPPP (Nuclear) by the attached instrument.
At the time the attached instrument was made, the “Notes for Local Medical Officers” was available on the Internet (Department of Veterans’ Affairs web page – under Health – Doctors):
http://www.dva.gov.au/
At the time the attached instrument was made, the “Notes for Local Medical Officers” was also available at:
Department of Veterans’ Affairs (ACT Office), Lovett Tower, 13 Keltie St Woden ACT 2606 / PO Box 21 Woden ACT 2606. Tel.no.(02) 6289 6243.
FURTHER EXPLANATION
Attachment A.
Attachment A
Clauses Explanation
1. sets out the name of the instrument.
2. provides that the instrument commences when it is registered on the Federal Register of Legislative Instruments.
3. contains definitions.
4. ensures that the amendments made by the instrument do not apply to the situation where a Local Medical Officer has a current contract or arrangement with the Repatriation Commission (Commission), being a contract or arrangement entered into before the commencement of the attached instrument. The amendments will only regulate the relationship between the Commission and a Local Medical Officer who refers an entitled person to a medical specialist and seeks payment from DVA, where there is no pre-existing contract or other arrangement between the parties governing that relationship.
5. inserts a revised definition of “Local Medical Officer” and inserts a new definition of “medical practitioner”. The definition of Local Medical Officer no longer contains an arrangement-requirement.
A Local Medical Officer is a medical practitioner who:
- is registered under the Notes for Local Medical Officers;
- treats entitled persons in accordance with the terms and conditions in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 and Notes for Local Medical Officers; and
- has a current provider number from Medicare Australia.
A medical practitioner is a person currently registered or licensed as a medical practitioner under a State or Territory providing for the registration or licensing of medical practitioners.
inserts a definition of “Notes for Local Medical Officers”.
The Notes for Local Medical Officers is a document approved by the Repatriation Commission or the Department of Veterans’ Affairs as in force on 1 May 2007 that sets out the detailed terms and conditions that a Local Medical officer must comply with when providing medical treatment to an entitled person, for a condition associated with malignant neoplasia, if the Repatriation Commission is to accept financial liability for that treatment. Other, more general, terms and conditions are set out in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.