Health Insurance (General Medical Services Table) Amendment (Obstetrics) Regulations 2017 [F2017L01090]-Response required [2017] AUSStaCSDLM 360 (18 October 2017)

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Instrument	Health Insurance (General Medical Services Table) Amendment (Obstetrics) Regulations 2017 [F2017L01090]
Purpose	Amends the medical services schedules relating to Medicare benefits coverage for obstetric care, to implement recommendations of the Medicare Benefits Schedule Review Taskforce
Authorising legislation	Health Insurance Act 1973
Portfolio	Health and Aged Care
Disallowance	15 sitting days after tabling (tabled Senate 4 September 2017) Notice of motion to disallow currently must be given by 16 November 2017
Scrutiny principle	Standing Order 23(3)(b)

Personal rights and liberties: privacy

Scrutiny principle 23(3)(b) of the committee's terms of reference requires the committee to ensure that instruments of delegated legislation do not trespass unduly on personal rights and liberties, including the right to privacy.

The committee notes that two items scheduling obstetric services for the planning and management of a pregnancy have been amended to include, among other things, a new requirement that 'the service include a mental health assessment (including screening for drug and alcohol use and domestic violence) of the patient'. The explanatory statement (ES) states that this new requirement will improve mental health outcomes for patients by screening for perinatal anxiety and depression, consistent with Australian guidelines, and improving early detection and intervention.

The ES does not set out the nature of the alcohol and drug screening to be conducted, and does not address the connection between the alcohol and drug screening and the identified mental health objectives.

Further, the committee notes that the ES does not address whether patient consent is required for the mental health assessment, including the alcohol and drug screening. It is unclear to the committee whether the provisions would have the effect that a patient who did not consent to such screening may lose eligibility for Medicare benefits in relation to their obstetric care during pregnancy.

The committee requests the minister's advice in relation to:

• the nature of the mental health assessment required to be conducted under the regulations, including alcohol and drug screening;

• how patients' consent will be managed with regard to the screening and its connection to Medicare benefits; and

• any relevant safeguards in place.