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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Medical
Indemnity (IBNR Indemnity) Contribution Amendment Bill
2004
No. ,
2004
(Health and
Ageing)
A Bill for an Act to amend the
Medical Indemnity (IBNR Indemnity) Contribution Act 2002, and for related
purposes
Contents
Medical Indemnity (IBNR Indemnity) Contribution Act
2002 3
A Bill for an Act to amend the Medical Indemnity (IBNR
Indemnity) Contribution Act 2002, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Medical Indemnity (IBNR Indemnity)
Contribution Amendment Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
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 |
At the same time as Schedule 1 to the Medical Indemnity Amendment
Act 2004. |
|
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 contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Medical Indemnity (IBNR
Indemnity) Contribution Act 2002
1 Section 1
Omit “(IBNR Indemnity) Contribution”, substitute
“(UMP Support Payment)”.
2 Section 3
Insert:
gross medical income, of a health professional for a period,
means the sum of the amounts payable in respect of health care related services
rendered by, or on behalf of, the health professional during the
period.
3 Section 3
Insert:
gross Medicare billable income, of a medical practitioner for
a period, means the sum of the medical expenses payable in respect of
professional services:
(a) that were rendered by, or on behalf of, the medical practitioner
during the period; and
(b) for which medicare benefits were or are payable under Part II of
the Health Insurance Act 1973.
4 Section 3
Insert:
health professional has the same meaning as in the Medical
Indemnity Act 2002.
5 Section 3 (definition of IBNR indemnity
contribution)
Repeal the definition.
6 Section 3
Insert:
income period, for a contribution year,
means:
(a) the period, of the length specified in the regulations, ending on the
day, in that year, specified in the regulations; or
(b) if the regulations do not specify a period—the period of 12
months ending on 30 September in that year.
7 Section 3
Insert:
medical expenses has the same meaning as in the Health
Insurance Act 1973.
8 Section 3
Insert:
medical practitioner has the same meaning as in the
Medical Indemnity Act 2002.
9 Section 3
Insert:
professional service has the same meaning as in the Health
Insurance Act 1973.
10 Section 3
Insert:
UMP support payment means the payment that is payable under
Division 1 of Part 3 of the Medical Indemnity Act
2002.
11 At the end of section 3
Add:
(2) For the purposes of the definitions of gross medical
income and gross Medicare billable income in
subsection (1):
(a) the amount payable in respect of a health care related service;
or
(b) the medical expenses payable in respect of a professional
service;
is, or are, taken to be the amount paid for the service, or (if no amount
has been paid) the highest amount stated in the account for the service as the
amount payable for the service.
12 Section 4
Omit “an IBNR indemnity contribution”, substitute “a UMP
support payment”.
Note: The heading to section 4 is altered by omitting
“IBNR indemnity contribution” and substituting “UMP
support payment”.
13 At the end of section 4
Add:
(2) If there is an imposition day, for a contribution year for a
participating MDO, for a particular class of participating members of the MDO,
the reference in subsection (1) to the imposition day for that year for the
MDO is taken, in its application to a member of that class, to be a reference to
that imposition day for that class.
14 Subparagraph 5(3)(b)(i)
Omit “1 August”, substitute
“1 May”.
15 At the end of section 5
Add:
(4) Regulations made for the purposes of subparagraph (3)(a)(ii) or
(3)(b)(ii) may specify different imposition days, for a contribution year for a
participating MDO, for different classes of participating members of the
MDO.
16 Subsection 6(1A)
Omit “IBNR indemnity contribution”, substitute “UMP
support payment”.
Note: The heading to section 6 is altered by omitting
“IBNR indemnity contribution” and substituting “UMP
support payment”.
17 Subsection 6(1A)
Omit “lesser”, substitute “least”.
18 At the end of subsection
6(1A)
Add:
; and (c) if the member is a medical practitioner during the income period
for that contribution year—2% of the member’s gross Medicare
billable income for the income period for that contribution year;
and
(d) if the member is a health professional during, but is not a medical
practitioner at any time during, the income period for that contribution
year—2% of the member’s gross medical income for the income
period for that contribution year.
19 Subsection 6(1B)
Omit “IBNR indemnity contribution”, substitute “UMP
support payment”.
20 Paragraph 6(1B)(a)
Repeal the paragraph, substitute:
(a) the least of:
(i) $2,500; and
(ii) half of the applicable percentage of the member’s annual
subscription for the base year; and
(iii) if the member is a medical practitioner during the income period for
that contribution year—1% of the member’s gross Medicare
billable income for the income period for that contribution year;
and
(iv) if the member is a health professional during, but is not a medical
practitioner at any time during, the income period for that contribution
year—1% of the member’s gross medical income for the income
period for that contribution year; and
21 Paragraph 6(1B)(b)
Omit “lesser”, substitute “least”.
22 At the end of paragraph
6(1B)(b)
Add:
; and (iii) if the member is a medical practitioner during the income
period for that contribution year—1% of the member’s gross
Medicare billable income for the income period for that contribution
year; and
(iv) if the member is a health professional during, but is not a medical
practitioner at any time during, the income period for that contribution
year—1% of the member’s gross medical income for the income
period for that contribution year.
23 Subsection 6(1)
Repeal the subsection, substitute:
(1) The amount of the UMP support payment imposed on a participating
member of a participating MDO for a contribution year for the MDO that
starts on or after 1 July 2005 is the least of:
(a) $5,000; and
(b) the applicable percentage of the member’s annual subscription
for the base year; and
(c) if the member is a medical practitioner during the income period for
that contribution year—2% of the member’s gross Medicare
billable income for the income period for that contribution year;
and
(d) if the member is a health professional during, but is not a medical
practitioner at any time during, the income period for that contribution
year—2% of the member’s gross medical income for the income
period for that contribution year.
24 Renaming of the IBNR indemnity contribution does
not affect existing liabilities
To avoid doubt, the amendments made by this Act and the Medical
Indemnity Amendment Act 2004 to change the name of the IBNR indemnity
contribution do not affect a person’s liability to pay the IBNR indemnity
contribution.
25 References in regulations or other instruments to
the IBNR indemnity contribution
A reference in a regulation or other instrument made under the Medical
Indemnity Act 2002 or the Medical Indemnity (IBNR Indemnity) Contribution
Act 2002 to the IBNR indemnity contribution is taken, after the commencement
of this Schedule, to be a reference to the UMP support payment.