HEALTH INSURANCE REGULATIONS (AMENDMENT) 1994 NO. 138

HEALTH INSURANCE REGULATIONS (AMENDMENT) 1994 NO. 138

STATUTORY RULES 1994 No. 138

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

Health Insurance Act 1973

Health Insurance Regulations (Amendment)

The Health Insurance Act 1973 (the Act) provides for payments by way of medicare benefits, payments for hospital services and payments for matters concerning related committees and tribunals.

Section 133 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The Act, as amended by the Health Legislation (Professional Services Review) Amendment Act 1994, provides for the creation from 1 July 1994 of the Professional Services Review Scheme.

The Scheme provides for the establishment of Professional Services Review Committees to review the conduct of practitioners (doctors, dentists, optometrists, chiropractors, physiotherapists and podiatrists) in connection with the rendering or initiating of services under Medicare to determine if the practitioner under review has engaged in inappropriate practice.

The Professional Services Review Scheme will replace the current Committees of Inquiry which consider whether a medical practitioner, a dental practitioner or an optometrist has rendered excessive services under Medicare.

Section 106B of the Act provides that, like the current Committees of Inquiry, Professional Services Review Committees will be able to summons persons to appear at hearings to give evidence. Subsection 106C(1) of the Act provides for payment of allowances to such witnesses in accordance with the regulations. The payment of witnesses at hearings of Committees of Inquiry is covered by existing Regulation 24.

Subregulation 3.1 repeals Regulation 24 and substitutes the payment of allowances to witnesses at hearings of Professional Services Review Committees in accordance with Schedule 2 of the Health Insurance Regulations. That Schedule specifies that the witness will be paid the allowance that he or she would be paid under the scale in the Second Schedule to the Federal Court Rules, in force from time to time, if called before the Federal Court of Australia.

Subregulation 4.1 deletes reference to Committees of Inquiry in Schedule 2 and substitutes reference to Professional Services Review Committees.

Subregulation 5.1 is a transitional provision that allows for a continuation of payments, on and after 1 July 1994, to witnesses at hearings of current Committees of Inquiry until those Committees have concluded any matters outstanding immediately before the commencement of the Professional Services Review Scheme.

The Regulations come into effect on 1 July 1994.