Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE (PATHOLOGY SERVICES TABLE) AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 295

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 295

Issued by the authority of the Minister for Health and Aging

Health Insurance Act 1973

Health Insurance (Pathology Services Table) Amendment Regulations 2003 (No. 2)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides 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 payments 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, including pathology services, set out in prescribed tables.

Subsection 4A(1) of the Act provides that the regulations may prescribe a table of pathology services setting out items of pathology services, the amount of fees applicable in respect of each item, and rules for interpretation of the table. A table of pathology services is currently prescribed by the Health Insurance (Pathology Services Table) Regulations 2003 (the Principal Regulations).

The purpose of the Regulations into provide an average 3.1% fee increase across all items contained in the Principal Regulations.

The changes have been developed with the co-operation and support of the peak pathology bodies - the Royal College of Pathologists of Australasia (RCPA), the Australian Association of Pathology Practices (AAPP) and the National Coalition of Public Pathology (NCOPP) - through the Pathology Consultative Committee.

The Regulations reflect a lower than forecast growth in outlays for pathology services. Expenditure is currently forecast to be $27 million below the target for the period of July 1999 to June 2004 and an average increase of 3.1 % is appropriate.

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 December 2003.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE (PATHOLOGY SERVICES TABLE) AMENDMENT REGULATIONS 2003 (No. 2)

Regulation 1 specifies the regulations as the Health Insurance (Pathology Services Table) Amendment Regulations 2003 (No. 2).

Regulation 2 prescribes a commencement date of 1 December 2003.

Regulation 3 prescribes the amendments to the Health Insurance (Pathology Services Table) Regulations 2003.

Regulation 3, Schedule 1 incorporates an average increase of 3.1 % to items.


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