EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 84

 

Minute No. 10 – Minister for Health and Ageing

Subject:       Health Insurance Act 1973

 

Health Insurance Amendment Regulations 2006 (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 those 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.

 

The purpose of the proposed Regulations is to add five new services to Schedule 6 so as to prescribe that these five new services would attract a Medicare benefit equal to 100% of the Medicare schedule fee.  These five new items were introduced by the amendments made by the Health Insurance (General Medical Services Table) Amendment Regulations 2006 (No.2)  The five new services were agreed with the medical profession through the Medicare Benefits Consultative Committee process.

 

The proposed Regulations would also amend regulation 14 of the Principal Regulations to remove funding for microwave cancer therapy following a recommendation by the National Health and Medical Research Council review committee and consultation with the profession. The review committee was commissioned to assess the scientific evidence to support this therapy following concerns that were raised regarding the safety and effectiveness of microwave therapy.  The medical profession through the Australian Medical Association was also consulted regarding the proposed amendment.

 

Details of the proposed Regulations are set out in the Attachment.

 

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

 

The proposed Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The proposed Regulations would commence on 1 May 2006.

 

The Minute recommends that Regulations be made in the form proposed.

 

Authority: Subsection 133(1) of the

Health Insurance Act 1973
ATTACHMENT

 

DETAILS OF THE PROPOSED HEALTH INSURANCE AMENDMENT REGULATIONS 2006 (No. 2)

 

Proposed Regulation 1 would provide for the Regulations to be referred to as the Health Insurance Amendment Regulations 2006 (No. 2).

 

Proposed Regulation 2 would provide for the Regulations to commence on 1 May 2006.

 

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

 

Schedule 1 – Amendments

Item [1]

This item amends the Principal Regulations to include under regulation 14, clause (2) in the list of professional services rendered in prescribed circumstances “professional services rendered for the purposes of administering microwave (UHF radiowave) cancer therapy, including the intravenous injection of drugs used in the therapy.”  This proposed amendment would preclude the payment of Medicare benefits in respect of microwave cancer therapy.  It follows a recommendation made by the National Health and Medical Research Council review committee, which found no scientific evidence to support the use of microwaves in treating cancer, either alone or when combined with other therapies.

 

Item [2]

This item amends Schedule 6 to the Principal Regulations to include items 708, 714, and 716 as services that attract Medicare benefits equal to 100% of the Medicare schedule fee.  Item 708 will cover an Aboriginal child health check.   Item 714 will cover a health assessment for a refugee.   Item 716 will cover a health assessment for a humanitarian entrant other than a refugee.

 

Item [3]

This item amends Schedule 6 to the Principal Regulations to include items 10988 and 10989 as services that attract Medicare benefits equal to 100% of the Medicare schedule fee.  Item 10988 covers immunisation by a registered Aboriginal health worker on behalf of a medical practitioner.  Item 10989 covers wound management by a registered Aboriginal health worker on behalf of a medical practitioner.