Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 110

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides 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.

Subsection 20A(2C) of the Act provides that a person entitled certain medicare benefits for a professional service rendered in a hospital may request that the benefit be paid to an approved billing agent to whom the medical practitioner who rendered the service has assigned rights in relation to amounts owing for that service. Under section 20AB of the Act, an application to the Health Insurance Commission (HIC) for approval as a billing agent must meet the requirements specified in the regulations, including the payment of a fee, if any is specified. The simplified billing arrangements are designed to minimise the number of bills received by privately insured patients after an episode of hospital treatment which may involve services rendered by multiple medical practitioners.

Section 20AB of the Act was amended by the Health Legislation Amendment (Private Health Industry Measures) Act 2002, which transferred responsibility for the approval of billing agents from the Private Health Insurance Administration Council (PHIAC) to HIC with effect from 8 April 2003.

The purpose of the Regulations is to replace the word "Council" with "Commission" in the Health Insurance Regulations 1975 to reflect the transfer of responsibility for the approval of billing agents from PHIAC to HIC.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 3)

Regulation 1 provides that the name of the Regulations be the Health Insurance Amendment Regulations 2004 (No. 3).

Regulation 2 provides that the Regulations commence on the date of gazettal.

Regulation 3 provides that the Health Insurance Regulations 1975 are amended by the provisions in Schedule 1 of the Regulations.

Schedule 1

Item 1

The amendment replaces the word "Council" with "Commission", a reference to the Health Insurance Commission, consequent to the transfer of responsibility for the approval of billing agents from the Private Health Insurance Administration Council to the Health Insurance Commission.