Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

HEALTH INSURANCE (PATHOLOGY SERVICES TABLE) AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 238

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.

Section 4A of the Act provides that the regulations may prescribe a table of pathology services that sets out items of pathology services, the amount of fees applicable in respect of each item, and rules for interpretation of the table. The Health Insurance (Pathology Services Table) Regulations 2003 currently prescribe such a table.

The purpose of the Regulations is to enable patients to have access to a Medicare rebate for a specific test for the diagnosis and monitoring of leukaemia.

The Minister for Health and Ageing endorsed recommendations for the public funding of specific tests for the diagnosis and monitoring of leukaemia following evaluations by the Medical Services Advisory Committee (MSAC).

The change has been developed with the co-operation and support of the two peak pathology bodies, the Royal College of Pathologists of Australasia (RCPA) and the Australian Association of Pathology Practices (AAPP), through the Pathology Services Table Committee.

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 9 August 2004.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE (PATHOLOGY SERVICES TABLE) AMENDMENT REGULATIONS 2004 (NO. 3)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance (Pathology Services Table) Amendment Regulations 2004 (No. 3).

Regulation 2 provides for the Regulations to commence on 9 August 2004.

Regulation 3 provides for Schedule 1 to amend the Health Insurance (Pathology Services Table) Regulations 2003 (the Principal Regulations).

Schedule 1 - Amendment

Item [1]

This item introduces a new item 65200 into Part 3 of Schedule 1 to the Principal Regulations, to enable a Medicare rebate to be claimed for specific testing for the diagnosis and monitoring of patients with leukaemia.

The new item also stipulates that the item can not be claimed more than four times in a twelve month period.