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HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1994 NO. 450
EXPLANATORY STATEMENTStatutory Rules 1994 No. 450
Issued by authority of the Minister for Human Services and Health
Health Insurance Commission Act 1973
Health Insurance Commission Regulations (Amendment)
The Health Insurance Commission Act 1973 (the Act) provides for the constitution of a Health Insurance Commission (the Commission) and for purposes connected therewith.
Section 44 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Part V of the Act deals with financial matters in regard to the Commission's functions. These matters include estimates of expenditure, apportionment of assets, bank accounts, and borrowing and investment.
Section 41B of the Act enables modifications of the provisions of Part V, by regulations, in respect of functions conferred upon the Commission under Part IIB of the Act. These Part IIB functions include, by virtue of section 8E of the Act, functions themselves conferred by regulation.
The Human Services and Health Legislation Amendment Act 1994 amended the Act in respect of its financial provisions, consequent upon the earlier conferral upon the Commission of the child care costs rebate functions (section 8BA of the Act). These amendments included the insertion, in section 3 of the Act of a new definition of "recognised class of functions". This concept of "recognised class of functions" is used in Part V of the Act to distinguish various of the Commission's functions for financial purposes.
Certain other functions were transferred from the Department of Human Services and Health to the Commission, by amendment to the Health Insurance Commission Regulations dated 13 April 1994. These functions, conferred upon the Commission under Part IIB of the Act are:
• the making of payments to Diabetes Australia (regulation 3J);
• the provision of administrative services to certain prescribed committees and certain administrative functions in relation to the Cleft Lip and Cleft Palate Scheme (regulation 3K);
• certain administrative functions relating to optometrists' undertakings (regulation 3L);
• certain administrative functions relating to accreditation of pathology laboratories and licensing of pathology specimen collection centres (regulation 3M);
• the provision of support services for the Medicare Benefits Advisory Committee (regulation 3N).
The regulations prescribe certain functions for purposes of the new definition of "recognised class of functions", and amend Part V of the Act consequent upon the transfer to the Commission of the regulations 3J, 3K, 3L, 3M and 3N administrative functions.
Details of the regulations are set out in the Attachment.
The regulations commenced on gazettal, with the exception of regulation 3 and subregulations 4.4, 4.5 and 4.6 which are taken to have commenced operation on 9 June 1993.
ATTACHMENT
Regulation 1 - Commencement
Subregulation 1.1 provides for the commencement of regulation 3 and subregulations 4.4, 4.5 and 4.6 on 9 June 1993. This is the date of conferral upon the Commission of the child care costs rebate functions, under section 8BA of the Act. Regulation 3 and subregulations 4.4, 4.5 and 4.6 relate to amendments made by the Human Services and Health Legislation Amendment Act 1994 which amendments had a back-dated commencement date of 9 June 1993.
The regulations not specified in subregulation 1.1 commence operation on gazettal.
Regulation 2 - Amendment
Subregulation 2.1 provides for the amendment of the Health Insurance Commission Regulations (the Regulations) as set out below.
Regulation 3 - New regulation 2AB
Subregulation 3.1 inserts in the Regulations a new regulation 2AB, which prescribes a class of functions, for purposes of paragraph (c) of the definition of "recognised class of functions" in subsection 3(1) of the Act. The prescribed class comprises the following Commission functions:
(a) the processing and payment of claims relating to stoma appliances under regulation 3D;
(b) the provision of pharmaceutical benefits under regulation 3E;
(c) the making of payments to Diabetes Australia under regulation 3J.
For purposes of sections 34B (Apportionment of assets of Commission), 34C (Apportionment of expenditure of Commission) and 35 (Bank Accounts) of the Act these regulations 3D, 3E and 3J functions are treated as a single class.
Regulation 4 - Regulation 4A (Modification of Part V of the Act)
Subregulation 4.1 operates to add, to the introductory words to regulation 4A of the Regulations, a reference to the regulations 3J, 3K, 3L, 3M and 3N functions so dim the introductory words contain a complete fist of all of the Commission's functions currently conferred upon it under Part IIB of the Act
Subregulation 4.2 operates to add to the list of functions contained in inserted paragraph 32A(1)(c) of the Act the regulations 3K, 3L, 3M and 3N functions. The effect of the addition is that these added functions are treated as "medicare" functions for purposes of Part V of the Act other than section 32.
Subregulation 4.3 operates to add the regulation M function to the regulations 3D and 3E functions for purposes of inserted subsection 34AA(1) of the Act, dealing with estimates. This is consistent with the grouping together of these functions, for financial purposes other than estimates, in new regulation 2AB.
Subregulations 4.4, 4.5 and 4.6 delete paragraphs 4A(c), 4A(d) and 4A(e), respectively. The deleted paragraphs are obsolete following the substitution of new sections 34B, 34C and 35 by section 10 of the Human Services and Health Legislation Amendment Act 1994.
Subregulation 4.7 operates to add the regulation 3J function to the regulations 3D and 3E functions for purposes of inserted subsection 36(6AA) of the Act, dealing with investment. This is consistent with the grouping together of these functions, for other financial purposes, effected by new regulation 2AB and regulation 4.3.