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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH INSURANCE (DENTAL SERVICES) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Insurance (Dental Services) Bill
2012
No. , 2012
(Mr Dutton)
A Bill for an Act to provide for equity in relation to
the provision of certain dental services, and for
related purposes
i Health Insurance (Dental Services) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Definitions
.........................................................................................
2
4
Minister must redress inequity ........................................................... 2
5 Meaning
of
inequity ........................................................................... 2
6 Action
Minister
must take .................................................................. 3
7
Minister must report to Parliament .................................................... 3
Schedule 1--Amendments
5
Health Insurance (Dental Services) Determination 2007
5
Health Insurance (Dental Services) Bill 2012 No. , 2012 1
A Bill for an Act to provide for equity in relation to
1
the provision of certain dental services, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Health Insurance (Dental Services)
6
Act 2012.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
Section 3
2 Health Insurance (Dental Services) Bill 2012 No. , 2012
3 Definitions
1
dental practitioner means a dentist, dental specialist or dental
2
prosthetist.
3
Determination means the Health Insurance (Dental Services)
4
Determination 2007.
5
inequity, in relation to the operation of subsection 10(2) of the
6
Determination, has the meaning given by section 5.
7
medicare benefit has the same meaning as in the Health Insurance
8
Act 1973.
9
4 Minister must redress inequity
10
Action to redress past inequity
11
(1) The Minister must take action to fully redress the inequity that has
12
arisen from the operation of subsection 10(2) of the Determination.
13
(2) The action must be taken within 30 days after this Act commences.
14
Action to redress future inequity
15
(3) The Minister must also take action to redress the inequity that
16
could arise from the operation of subsection 10(2) of the
17
Determination.
18
5 Meaning of inequity
19
The
inequity is that dental practitioners, who have provided dental
20
services that meet the purpose test set out in section 11 of the
21
Determination, have been required to repay medicare benefits
22
because they did not, before providing the services, do either or
23
both of the following:
24
(a) give to patients, in writing:
25
(i) plans of courses of treatment; and
26
(ii) quotations for dental services and other services (if any)
27
in the plans;
28
Section 6
Health Insurance (Dental Services) Bill 2012 No. , 2012 3
(b) give copies or written summaries of the plans to the general
1
practitioners who referred the patients for the dental services.
2
6 Action Minister must take
3
(1) For the purposes of section 4, the Minister must do one or more of
4
the following:
5
(a) amend the Determination, or provide for the Determination to
6
be amended, so that it has the effect that it would have if it
7
were amended by the Parliament in accordance with the
8
amendments set out in Schedule 1;
9
(b) provide for the Commonwealth to waive its right to payment
10
of debts arising under section 129AC of the Health Insurance
11
Act 1973 in relation to the dental services;
12
(c) provide for act of grace payments to be made in relation to
13
the dental services;
14
(d) provide for the inequity to be redressed through the income
15
tax system;
16
(e) take such other action as is necessary to redress the inequity.
17
Note:
Act of grace payments can be made, and debts to Commonwealth can
18
be waived, under the Financial Management and Accountability Act
19
1997.
20
(2) The Minister may do the things set out in subsection (1) in
21
conjunction with such other Ministers as is necessary or
22
convenient.
23
7 Minister must report to Parliament
24
(1) The Minister must prepare a report of the action that has been
25
taken to redress the inequity that has arisen from the operation of
26
subsection 10(2) of the Determination.
27
(2) The Minister must cause a copy of the report to be tabled in each
28
House of the Parliament within 15 sitting days of that House after
29
the end of the period in which the action must be taken.
30
Note:
Subsection 4(2) requires action to redress past inequity to be taken
31
within 30 days after this Act commences.
32
Section 7
4 Health Insurance (Dental Services) Bill 2012 No. , 2012
(3) The Minister must prepare a report of the action that has been
1
taken to redress inequity that could arise from the operation of
2
subsection 10(2) of the Determination.
3
(4) The Minister must cause a copy of the report to be tabled in each
4
House of the Parliament within 15 sitting days of that House after
5
the action has been taken.
6
(5) The Minister may meet the requirements of subsections (1) and (3)
7
in a single report.
8
Amendments Schedule 1
Health Insurance (Dental Services) Bill 2012 No. , 2012 5
Schedule 1--Amendments
1
Note: See
paragraph
6(1)(a).
2
3
4
Health Insurance (Dental Services) Determination 2007
5
1 At the end of section 10
6
Add:
7
(3) However, subsection (2) does not apply in relation to a dental
8
service that meets the purpose test set out in section 11 if, at the
9
time the service was provided, the eligible dentist, eligible dental
10
specialist or eligible dental prosthetist:
11
(a) did not know about that subsection; or
12
(b) did not fully understand or appreciate the effect of that
13
subsection; or
14
(c) was under a reasonable misapprehension about the need to
15
comply with that subsection (because he or she had been
16
misinformed, or for any other reason).
17
2 When services are taken to be provided
18
(1)
This item applies in relation to a dental service:
19
(a) provided before the commencement of this Schedule (the
20
commencement); and
21
(b) for which medicare benefit was not payable because of the
22
operation of subsection 10(2) of the Health Insurance
23
(Dental Services) Determination 2007 as in force before
24
commencement.
25
(2)
For the purposes of assessing whether medicare benefit is payable in
26
relation to the service:
27
(a) the service is taken to have been provided immediately after
28
commencement; and
29
(b) any medicare benefit paid in relation to the service before
30
commencement is to be set off against medicare benefit
31
payable after commencement.
32
3 Future amendment of Determination
33
Schedule 1 Amendments
6 Health Insurance (Dental Services) Bill 2012 No. , 2012
The amendments made by this Schedule have effect for the purposes of
1
the amendment or repeal of the Health Insurance (Dental Services)
2
Determination 2007 after commencement as if the amendments had
3
been made by determination made by the Minister under section 3C of
4
the Health Insurance Act 1973.
5
Health Insurance (Dental Services) Bill 2012 No. , 2012 1
1