Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE AMENDMENT REGULATIONS 2002 (NO. 2) 2002 NO. 261

STATUTORY RULES 2002 No. 261

Issued by the Authority of the Minister for Health and Ageing

Health Insurance Act 1973

Health Insurance Amendment Regulations 2002 (No. 2)

Section 133 of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations prescribing matters for the purposes of the Act.

The Act provides, in part, for payments of Medicare benefits in respect of professional services rendered by medical practitioners and for certain professional services rendered by dental practitioners and optometrists.

Section 9 of the Act provides that Medicare benefits shall be calculated by reference to the fees for medical services, including diagnostic imaging services, set out in prescribed Tables.

Regulation 10 of the Health Insurance Regulations 1975 (the Principal Regulations) specifies certain diagnostic imaging services that may be requested by dental practitioners who are registered or licensed under relevant State or Territory laws.

The Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations introduced, inter alia, seven diagnostic imaging service (Computed Tomography) items 56250, 56256, 56541, 56547, 57041, 57047 and 57345. As dental practitioners (oral and maxillofacial surgeons) may also request these items, Regulation 10(1)(a) of the Health Insurance Amendment Regulations 1999 would normally be updated to reflect any changes in the Health Insurance (Diagnostic Imaging Services Table) Regulations (DIST), but it was not done on this occasion. To rectify this omission, the Health Insurance Amendment Regulations 1999, which took effect from 1 September 1999, amended Regulation 10(1)(a) to add the seven diagnostic imaging service items. Inadvertently, the Amendment Regulations were not backdated to 1 March 1999 to reflect the timing of the introduction of the DIST changes.

The purpose of the Regulations is to backdate to 1 March 1999 amendments made to regulation 10 paragraph (1) (a) by the Amendment Regulations 1999.

The retrospectivity allows validation of claims paid for services in respect of particular Computed Tomography scans requested by oral and maxillofacial surgeons in the period 1 March 1999 (when these items were included in the DIST) to immediately before the commencement of the Amendment Regulations which commenced on 1 September 1999. The retrospectivity does not prejudice the rights of, or impose additional liabilities on, any person other than the Commonwealth as outlined in Subsection 48 (2) of the Acts Interpretation Act 1901.

The Regulations give effect to undertakings given to the Senate Standing Committee on Regulations and Ordinances by the former Minister for Health and Aged Care on 15 February 2000 and again by the current Minister for Health and Ageing on 12 August 2002 to backdate certain amendments to regulation 10 made by the Amendment Regulations.

The amendments to the Regulations contained in Schedule 1 commence, or are taken to have commenced, on 1 March 1999. The amendments in the Regulations contained in Schedule 2 have the effect of amending Regulation 10(1)(a) to as it existed immediately before the commencement of Statutory Rules 1999 No. 176.