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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Health
Legislation Amendment (Private Health Industry Measures) Bill
2002
No. ,
2002
(Health and
Ageing)
A Bill for an Act to amend
legislation relating to health, and for related purposes
Contents
Part 1—Amendments relating to gap cover
schemes 3
Part 2—Amendments to clarify obligations of registered
organizations to provide
information 4
Part 3—Amendment relating to Employee Health Benefits
Scheme 5
Part 4—Amendment relating to discounted
premiums 6
A Bill for an Act to amend legislation relating to
health, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment (Private
Health Industry Measures) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, items 1 to 7 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 1, items 8 and 9 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
4. Schedule 2 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 4 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendments
relating to gap cover schemes
1 At the end of
section 73BDB
Add:
; (d) a gap cover scheme of a registered organization to the extent that
the scheme provides:
(i) for payment by the registered organization to medical practitioners
participating in the scheme for the provision of professional services to
eligible contributors; or
(ii) for assignment, in accordance with subsection 20A(2AA) of the
Health Insurance Act 1973, to the organization, approved billing agents,
hospitals, day hospital facilities or other persons, of medicare benefits
payable in respect of professional services.
(2) In this section:
medical practitioner has the same meaning as in subsection
73BDA(7).
2 After paragraph (hb) of
Schedule 1
Insert:
(hba) The organization will, at the request of a contributor to the health
benefits fund conducted by it, give to a medical practitioner such information
that the organization has that will enable or assist the medical practitioner to
inform the contributor, in accordance with subsection 73BDD(7), of any amounts
that the contributor can reasonably be expected to pay for treatment.
3 Paragraph (o) of
Schedule 1
After “subsection 20A(2A)”, insert “or
(2AA)”.
Part 2—Amendments
to clarify obligations of registered organizations to provide
information
4 Subsection 73ABC(1)
After “any person”, insert “, including an officer of the
Department,”.
5 Subsection 73ABC(3)
After “makes available”, insert “under
subsection (1) (whether to an officer of the Department or to any other
person)”.
6 Paragraph (ha) of
Schedule 1
Omit “to the contributors to the health benefits fund conducted by
it”, substitute “to any person”.
7 After paragraph (ha) of
Schedule 1
Insert:
(haa) the organization will:
(i) provide each new contributor to the health benefits fund with all
details of the contributor’s entitlements to benefits; and
(ii) at the request of any existing contributor, provide the contributor
with all of the details of the contributor’s entitlements to
benefits.
(hab) the organization will, on a State-by-State basis, produce and
maintain, in both written and electronic format, material detailing all tables
of benefits or products that are available to contributors and will ensure that
the material:
(i) is freely available to any person; and
(ii) includes advice as to the existence of, and contact details for, the
Private Health Insurance Ombudsman; and
(iii) indicates the date at which it is correct; and
(iv) is on display in its written format at all of the
organization’s offices and outlets; and
(v) can be accessed in its electronic format.
Part 3—Amendment
relating to Employee Health Benefits Scheme
8 Subsection 67(7)
Repeal the subsection.
Part 4—Amendment
relating to discounted premiums
9 Subparagraph (s)(i) of
Schedule 1
Omit “6”, substitute “3”.
1 Subsections 20AB(1), (3) and
(4)
Omit “Council”, substitute “Commission”.
2 Subsections 20AC(1) and
(2)
Omit “Council” (wherever occurring), substitute
“Commission”.
3 Paragraph 20AC(2)(a)
Omit “Council’s”, substitute
“Commission’s”.
4 Subsections 20AC(3), (4) and
(5)
Omit “Council” (wherever occurring), substitute
“Commission”.
5 Subsections 20AD(1), (2), (3) and
(4)
Omit “Council” (wherever occurring), substitute
“Commission”.
6 Subsection 20AD(4)
Omit “Council’s”, substitute
“Commission’s”.
7 Subsection 20AD(5)
Omit “Council”, substitute “Commission”.
8 Transitional provisions
(1) If, before the commencement of the amendments made by items 1 to 7
of this Schedule:
(a) a person or body has applied to the Council under section 20AB of
the Health Insurance Act 1973 for approval as a billing agent;
but
(b) the Council has not completed its consideration of that
application;
then:
(c) section 20AB of that Act as in force immediately before the
commencement of those amendments is taken to continue in force for the purpose
of enabling the Council to complete its consideration of that application;
and
(d) section 20AD of that Act as so in force is taken to
continue to apply in relation to any review of a decision made under
section 20AB as so continued in force.
(2) If, before the amendments made by items 1 to 7 of this
Schedule:
(a) the Council has, under section 20AC of the Health Insurance
Act 1973, notified a person or body approved as a billing agent that it is
considering revocation of that approval; but
(b) the Council has not made a decision in respect of the
revocation;
then:
(c) section 20AC of that Act as in force immediately before
the commencement of those amendments is taken to continue in force for the
purpose of enabling the Council to complete its consideration of any submissions
made in respect of the revocation and make a decision in respect of the
revocation; and
(d) section 20AD of that Act as so in force is taken to continue to
apply in relation to any review of a decision to revoke made under
section 20AB as so continued in force.
(3) If, before the amendments made by items 1 to 7 of this
Schedule:
(a) a person or body has applied to the Council under section 20AD of
the Health Insurance Act 1973 for reconsideration of a decision not to
approve a person or body as a billing agent or of a decision to revoke the
approval of that person or body as a billing agent; but
(b) the Council has not completed its reconsideration of that
decision;
section 20AD of that Act as in force immediately before the
commencement of those amendments is taken to continue in force:
(c) so as to permit the completion of that reconsideration; and
(d) if the applicant for that reconsideration subsequently seeks a review
of the decision on that reconsideration by the Administrative Appeals
Tribunal—so as to permit that review to be undertaken.
(4) If, before the commencement of the amendments made by items 1 to 7
of this Schedule:
(a) a person or body has made application under section 20AD of the
Health Insurance Act 1973 for review by the Administrative Appeals
Tribunal of a decision of the Council in relation to an approval of that person
or body as a billing agent or the revocation of such an approval; but
(b) the Administrative Appeals Tribunal has not yet completed its review
of that decision;
section 20AD of that Act as in force immediately before the
commencement of those amendments is taken to continue in force so as to
facilitate the completion by the Tribunal of that review.
(5) Any approval of a person or body as a billing agent made by the
Council:
(a) before the date of commencement of the amendments made by items 1
to 7 of this Schedule; or
(b) on or after that date by virtue of the operation of subitem (1),
(3) or (4);
is to be taken, for the purposes of the operation of the Health
Insurance Act 1973 as in force on and after that approval, to be an approval
of that person or body as such billing agent by the Commission under
section 20AB of that Act as amended by this Act.
(6) Any revocation of the approval of a person as a billing agent that is
made by the Council:
(a) before the date of commencement of the amendments made by items 1
to 7 of this Schedule; or
(b) on or after that date by virtue of the operation of subitem (2),
(3) or (4);
is to be taken, for the purposes of the operation of the Health
Insurance Act 1973 as in force on and after that revocation, to be a
revocation of the approval of that person or body as a billing agent by the
Commission under section 20AC of that Act as amended by this Act.
(7) In this item:
Commission means the Health Insurance Commission established
under the Health Insurance Commission Act 1973.
Council means the Private Health Insurance Administration
Council established by section 82B of the National Health Act
1953.