Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE REGULATIONS (AMENDMENT) 1995 NO. 409

STATUTORY RULES 1995 No. 409

Issued by the authority of the Minister for Human Services and Health

Health Insurance Act 1973

Health Insurance Regulations (Amendment)

The Health Insurance Act 1973 (the Act) provides for payments by way of Medicare benefits, payments for hospital services and payments for matters concerning related committees and tribunals.

Section 133 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

A new section 3J has been inserted into the Act which provides that a person who is not an Australian citizen or a permanent resident and has entered Australia under a temporary visa to practise as a doctor (temporary resident doctor) is not a medical practitioner for the purpose of the Act unless the Minister determines otherwise.

New section 3J is part of a package of measures aimed at reducing the incidence of "moonlighting" by temporary resident doctors. "Moonlighting" is where temporary resident doctors provide medical services outside their visa and registration conditions. The moonlighting measures are a 1995-96 Budget initiative, which are anticipated to save $18.5m in Medicare outlays over the next four years.

Two new subregulations 13(1A) and 13(1B) will be added to the Health Insurance Regulations in an effort to improve policing and enforcement mechanisms available to the Commonwealth to reduce moonlighting by temporary resident doctors.

Regulation 13 prescribes the particulars to be recorded on accounts, receipts and bulk billing agreements for medical practitioners.

Under new subregulation 13(1A) temporary resident doctors who will be deemed to be medical practitioners for the purposes subsection 3J(1) of the Health Insurance Act 1973 will be required to put their name, address and provider number on accounts, receipts or bulk billing agreements for professional services which they provide.

New subregulation 13(1B) will require all medical practitioners, apart from temporary resident doctors referred to above, to put their name and address or their provider number on any account, receipt or bulk billing agreement for professional services which they provide.

New subregulations 13(1A) and 13(1B) are prescribed in reliance on section 133 of the Act.

The proposed Regulations would commence on the same day on which items 1 to 4 of the Human Services and Health Legislation Amendment Act (No. 2) 1995 commences.