Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 72.1

Benefit requirements

             (1)  An insurance policy that * covers * hospital treatment meets the benefit requirements in this Division if:

                     (a)  the policy meets the requirements in the table in subsection (2); and

                     (b)  the policy meets any requirements specified in the Private Health Insurance (Complying Product) Rules to be benefit requirements; and

                     (c)  the policy does not provide benefits for:

                              (i)  the cost of care and accommodation in an aged care service (within the meaning of the Aged Care Act 1997 ); or

                             (ii)  a charge for a pharmaceutical benefit supplied under Part VII of the National Health Act 1953 , unless the circumstances of the charge are covered by section 92B of that Act; or

                            (iii)  any other treatment specified in the Private Health Insurance (Complying Product) Rules as a treatment for which benefits must not be provided; and

                     (d)  the * rules of the private health insurer that issues the policy meet the rules requirement in section 72‑5.

             (2)  These are the requirements that a policy must meet for the purposes of paragraph (1)(a):

 

Requirements that a policy that * covers * hospital treatment must meet

Item

There must be a benefit for ...

The amount of the benefit must be ...

1

any part of * hospital treatment that is one or more of the following:

(a) psychiatric care;

(b) rehabilitation;

(c) palliative care;

if the treatment is provided in a * hospital and no * medicare benefit is payable for that part of the treatment.

at least the amount set out, or worked out using the method set out, in the Private Health Insurance (Benefit Requirements) Rules as the minimum benefit, or method for working out the minimum benefit, for that treatment.

2

* hospital treatment * covered under the policy for which a * medicare benefit is payable.

(a) if the charge for the treatment is less than the * schedule fee for the treatment--so much of the charge (if any) as exceeds 75% of the schedule fee; and

(b) otherwise--at least 25% of the schedule fee for the treatment.

3

if the policy * covers * hospital‑substitute treatment--hospital‑substitute treatment covered under the policy for which a * medicare benefit is payable.

(a) if the charge for the treatment is less than the * schedule fee for the treatment--so much of the charge (if any) as exceeds 75% of the schedule fee; and

(b) otherwise--at least 25% of the schedule fee for the treatment;

but the benefit must not be provided if a medicare benefit of an amount that is at least 85% of the schedule fee is claimed for the treatment.

4

(a) * hospital treatment * covered under the policy; and

(b) if the policy covers * hospital‑substitute treatment--hospital‑substitute treatment covered under the policy;

that is the provision of a prosthesis of a kind listed in the Private Health Insurance (Prostheses) Rules in circumstances:

(c) in which a * medicare benefit is payable; or

(d) set out in the Private Health Insurance (Prostheses) Rules for the purposes of this table item.

(a) at least the amount set out, or worked out using the method set out, in the Private Health Insurance (Prostheses) Rules as the minimum benefit, or method for working out the minimum benefit, for the prosthesis; and

(b) if the Private Health Insurance (Prostheses) Rules set out an amount, or a method for working out an amount, as the maximum benefit, or method for working out the maximum benefit, for the prosthesis--no more than that amount or the amount worked out using that method.

5

any treatment for which the Private Health Insurance (Benefit Requirements) Rules specify there must be a benefit.

at least the amount set out, or worked out using the method set out, in the Private Health Insurance (Benefit Requirements) Rules as the minimum benefit, or method for working out the minimum benefit, for that treatment.

Note:          If a private health insurer provides an insured person with, or arranges for an insured person to be provided with, treatment, it is treated as a benefit for the purposes of this Division (see subsection 69‑5(3)).



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]