2008-2009

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES



Presented and read a first time




Private Health Insurance Legislation
Amendment Bill (No. 2) 2009
No.           , 2009
(Health and Ageing)




A Bill for an Act to amend the law in relation to
private health insurance, and for related purposes


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                 1        Short title ........................................................................................... 1
                 2        Commencement ................................................................................. 1
                 3        Schedule(s) ........................................................................................ 1

Schedule 1--Amendments                                                                                                           3
          Private Health Insurance Act 2007                                                                                      3




i   Private Health Insurance Legislation Amendment Bill (No. 2) 2009                              No.        , 2009


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 2   private health insurance, and for related purposes
 3   The Parliament of Australia enacts:
 4   1 Short title
 5               This Act may be cited as the Private Health Insurance Legislation
 6               Amendment Act (No. 2) 2009.

 7   2 Commencement
 8               This Act commences on the day this Act receives the Royal
 9               Assent.

10   3 Schedule(s)
11               Each Act that is specified in a Schedule to this Act is amended or
12               repealed as set out in the applicable items in the Schedule



          Private Health Insurance Legislation Amendment Bill (No. 2) 2009   No.   , 2009   1


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2             according to its terms.
3




    2   Private Health Insurance Legislation Amendment Bill (No. 2) 2009   No.   , 2009


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 1   Schedule 1--Amendments
 2


 3   Private Health Insurance Act 2007
 4   1 Subsection 72-1(2) (table item 4, column headed "There
 5        must be a benefit for ...")
 6          Omit all the words from and including "that is the provision of a
 7          prosthesis", substitute:
 8
             that is the provision of a
             prosthesis, of a kind listed in
             the Private Health Insurance
             (Prostheses) Rules, as described
             in either of the following
             paragraphs:
             (c) the prosthesis is provided in
                 circumstances in which a
                 *medicare benefit is
                 payable, and, if those Rules
                 set out conditions that must
                 be satisfied in relation to the
                 provision of the prosthesis
                 in those circumstances,
                 those conditions are
                 satisfied;
             (d) the prosthesis is provided in
                 other circumstances set out
                 in those Rules, and, if those
                 Rules set out conditions that
                 must be satisfied in relation
                 to the provision of the
                 prosthesis in those
                 circumstances, those
                 conditions are satisfied.

 9   2 At the end of section 72-10
10          Add:
11          (6) The Private Health Insurance (Prostheses) Rules may set out
12              criteria (listing criteria) to be satisfied in order for an application
13              (a listing application) made under subsection (2) to be granted.



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1               The Rules may provide for different listing criteria to apply in
2               different circumstances.
3          (7) The Minister must not grant a listing application if any applicable
4              listing criteria are not satisfied in relation to the application.
5               Note:      The Minister may refuse to grant a listing application even if the
6                          applicable listing criteria are satisfied.




    4     Private Health Insurance Legislation Amendment Bill (No. 2) 2009       No.    , 2009