Commonwealth Numbered Regulations - Explanatory Statements

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HEATH INSURANCE AMENDMENT REGULATIONS 2004 (NO. 10) 2004 NO. 383

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 383

Issued by the Authority of the Minister for Health and Ageing

Health Insurance Act 1973

Heath Insurance Amendment Regulations 2004 (No. 10)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 10(2)(aa) was inserted into the Act by the Health Insurance Amendment (100% Medicare Rebate and Other Measures) Act 2004 (the Amendment Act) with effect from 1 January 2005. Paragraph 10(2)(aa) enables a Medicare benefit equal to 100% of the Medicare schedule fee to be paid for certain services, as prescribed in regulations.

The purpose of the Regulations is to prescribe the range of services that attract a Medicare benefit equal to 100% of the Medicare schedule fee. The Regulations give effect to the Australian Government's election policy, "100% Medicare: Making GP services more affordable than ever before". The Regulations prescribe non-referred consultations provided by vocationally and non-vocationally registered general practitioners, and services provided by a practice nurse on behalf of a general practitioner as services that attract a Medicare benefit equal to 100% of the Medicare schedule fee.

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commence on 1 January 2005.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 10)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance Amendment Regulations 2004 (No. 10).

Regulation 2 provides for the Regulations to commence on 1 January 2005.

Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975

(the Principal Regulations).

Schedule 1 - Amendments

Item [1] - New regulation 6EF

This item inserts new regulation 6EF. New regulation 6EF provides that, for the purposes of paragraph 10(2)(aa) of the Act, the Medicare items described in the general medical services table and set out in Schedule 6 of the Principal Regulations are the items which attract a Medicare benefit equal to 100% of the Medicare schedule fee.

Item [2] - New Schedule 6

This item inserts new Schedule 6, which lists the Medicare items that attract a Medicare benefit equal to 100% of the Medicare schedule fee. A total of 161 items are listed in new Schedule 6. These items are non-referred consultations provided by vocationally and

non-vocationally registered general practitioners, and services provided by a practice nurse on behalf of a general practitioner


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