HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1994 NO. 102

HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1994 NO. 102

STATUTORY RULES 1994 No. 102

Issued by the authority of the Minister for Human Services and Health

Health Insurance Commission Act 1973

Health Insurance Commission Regulations (Amendment)

The Health Insurance Commission Act 1973 (the Act) provides for the constitution of a Health Insurance Commission (the Commission) and for purposes connected therewith.

Section 44 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 8E of the Act requires the Commission to perform such functions in relation to health and health insurance as are prescribed.

The Regulations amend the Health Insurance Commission Regulations (the Regulations) for the transfer of a number of administrative functions from the Department of Human Services and Health to the Health Insurance Commission.

THE REGULATIONS

Regulation 2 inserts new Regulations 3J, 3K, 3L, 3M and 3N into the Regulations prescribing five additional functions for the Commission.

New Regulation 3J enables the Commission to make payments, on behalf of the Commonwealth, to Diabetes Australia for the National Diabetes Supplies Scheme.

New Regulation 3K enables the Commission to provide a number of administrative services to 5 committees prescribed here namely, the Vocational Registration Eligibility and Appeal Committees, the Specialist Recognition Advisory and Appeal Committees and the Medical Benefits (Dental Practitioners) Committee.

Among the services to be provided for all Committees are -

•       to prepare material for committee meetings, and to draft the minutes of the meetings;

•       to prepare on behalf of the committee, statements of reasons and responses to persons who have applied to the committee for recognition;

•       to prepare instruments referring matters to the committee, and determinations for the Minister in relation to matters on which the committee has advised the Minister.

New Regulation 3K also enables the Commission to undertake a number of additional administrative functions for the Medical Benefits (Dental Practitioners) Committed in respect of the Cleft Lip and Cleft Palate Scheme, and to maintain a register of medical practitioners approved for the purposes of the Scheme.

New Regulation 3L enables the Commission to process undertakings which set out obligations to be met by participating optometrists, provided by optometrists to the Minister for the purposes of section 23B of the Health Insurance Act 1973; and to accept or refuse undertakings and notify optometrists accordingly, or to refer the undertakings to an Optometrical Services Committee of Inquiry for inquiry and report to the Minister.

New Regulation 3M enables the Commission, on behalf of the Minister, to undertake a number of additional functions relating to the accreditation of pathology laboratories and the licensing of pathology specimen collection centres, which are outlined in Divisions 4 and 4A of Part IIA of the Health Insurance Act 1973, and the function of reviewing decisions, under section 23DO of the Health Insurance Act 1973, taken in respect of those additional functions.

New Regulation 3N enables the Commission to undertake a number of clerical and administrative services for the Medicare Benefits Advisory Committee, established under section 66 of the Health Insurance Act 1973. These include the following services

•       preparing material for the Committee and drafting reports for the Committee;

•       preparing notices by delegates of the Minister advising appellants of the results of their appeals;

•       distributing both briefing material for the Committee, and circulars setting out decisions arising from the Committee's recommendations.

Regulation 2 commenced on gazettal of the regulations.