EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 64

 

Issued by the Authority of the Minister for Ageing

 

Health Insurance Act 1973

 

Health Insurance Amendment Regulations 2005 (No. 2)

 

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) of the Act enables a Medicare benefit equal to 100% of the Medicare schedule fee to be paid for certain services, as prescribed in regulations.  Schedule 6 to the Health Insurance Regulations 1975 (the Principal Regulations) currently prescribes

services that attract a Medicare benefit equal to 100% of the Medicare schedule fee.  These services 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.

 

Amendments to the Health Insurance (General Medical Services Table) Regulations 2004 introduce 3 new items relating to cervical smears.  The purpose of the Regulations is to prescribe these 3 items as items that attract a Medicare benefit equal to 100% of the Medicare schedule fee. 

 

The 3 cervical smear items fall within the category of items which currently attract a Medicare benefit equal to 100% of the Medicare schedule fee, as they 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.  The inclusion of the 3 new cervical smear items in Schedule 6 to the Principal Regulations would ensure a consistent approach to payment of a Medicare benefit equal to 100% of the Medicare schedule fee.

 

These new items give effect to one of the measures in the Australian Government’s election policy Investing in Stronger Regions and were developed following the recommendations of the evaluation of Cervical Screening Incentives for General Practitioners.  During the evaluation key stakeholders were consulted, including the Australian Divisions of General Practice, State Based Organisations, state and territory health departments, state cytology registers and individual general practitioners.

 

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 are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 1 May 2005.

ATTACHMENT

 

DETAILS OF THE HEALTH INSURANCE AMENDMENT

REGULATIONS 2005 (No. 2)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance Amendment Regulations 2005 (No. 2).

 

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

 

Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975 (the Principal Regulations).

 

Schedule 1 – Amendments

 

Item [1]

This item amends item 10 of Schedule 6 to the Principal Regulations to include

item 2497 as a service that attracts a Medicare benefit equal to 100% of the Medicare schedule fee.

 

Item [2]

This item amends item 11 of Schedule 6 to the Principal Regulations to include

item 2598 as a service that attracts a Medicare benefit equal to 100% of the Medicare schedule fee.

 

Item [3]

Item 3 amends item 15 of Schedule 6 to the Principal Regulations to include

item 10999 as a service that attracts a Medicare benefit equal to 100% of the Medicare schedule fee.