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HEALTH INSURANCE (GENERAL MEDICAL SERVICES TABLE) AMENDMENT REGULATIONS 2004 (NO. 11) 2004 NO. 387
STATUTORY RULES 2004 NO. 387
Issued by the Authority of the Minister for Health and Ageing
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.
The Act provides, in part, for payment of Medicare benefits in respect of professional services rendered to eligible persons. Section 9 of the Act provides that Medicare benefits shall be calculated by reference to the fees for medical services set out in prescribed tables.
Subsection 4(1) of the Act provides that the regulations may prescribe a table of medical services (other than diagnostic imaging services and pathology services) that set out items of medical services, the amount of fees applicable tin respect of each item and rules for interpretation of the table. The Health Insurance (General Medical Services Table) Regulations 2004 currently prescribe such a table.
The purpose of the Regulations is to amend the current table of medical services by introducing a new item, to provide a Medicare benefit for a cervical smear that is taken by a practice nurse on behalf of a medical practitioner in a regional, rural or remote area. The Regulations give effect to one of the measures in the Australian Government's election policy, "Investing in Stronger Regions".
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 (GENERAL MEDICAL SERVICES TABLE) AMENDMENT REGULATIONS 2004 (No. 11)
Regulation 1 provides for the Regulations to be referred to as the Health Insurance (General Medical Services Table) Amendment Regulations 2004 (No. 11).
Regulation 2 provides for the Regulations to commence on 1 January 2005.
Regulation 3 provides for Schedule 1 to amend the Health Insurance (General Medical Services Table) Amendment Regulations 2004 (the Principal Regulations).
Schedule 1 - Amendments
Item [1] - New rule 86
This item inserts new rule 86, which applies to item 10998 (see item [2] below).
Rule 86 describes the circumstances in which item 10998 applies, and defines the terms "enrolled nurse", "general practice", "practice location", practice nurse", "regional, rural or remote area" and "Rural, Remote and Metropolitan Areas Classification" for the purposes of item 10998.
Item [2] - New item 10998
This item inserts new item 10998 in Part 3 of Schedule 1 to the Principal Regulations.
Item 10998 applies where a practice nurse takes a cervical smear on behalf of a supervising medical practitioner in a regional, rural or remote area, where the patient is not an admitted patient of a hospital or approved day hospital facility.