Private Health Insurance (Health Benefits Fund Policy) Rules 2007 (No. 2)

I, PENNY SHAKESPEARE, delegate of the Minister for Health and Ageing, make these Rules under item 8 of the table in section 333-20 of the Private Health Insurance Act 2007.

Dated _______31 August_2007

____________________________________

Penny Shakespeare

Assistant Secretary

Private Health Insurance Branch

Acute Care Division

Department of Health and Ageing

Part 1 Preliminary

1. Name of Rules

These Rules are the Private Health Insurance (Health Benefits Fund Policy) Rules 2007 (No. 2).

2. Commencement

These Rules commence on 1 September 2007.

3. Revocation

The Private Health Insurance (Health Benefits Fund Policy) Rules 2007 are revoked.

4. Definitions

Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003. These terms include:

assets
general treatment
health benefits fund
hospital treatment
policy holder
private heath insurer

In these rules:

Act means the Private Health Insurance Act 2007.

Part 2 Operation of health-related businesses through health benefits funds

5. Insurance for overseas students or specified temporary visa holders

(1) For section 137-30 of the Act, requirements are specified in subrule (2) relating to how a private health insurer which conducts business in respect of overseas students or specified temporary visa holder is to conduct that business.

(2) The private health insurer must not:

(a) take or fail to take any action; or

(b) in making a decision, have regard to or fail to have regard to any matter;

that would result in the insurer discriminating between people who are, or wish to be, insured under an overseas student health insurance contract or specified temporary visa holder health insurance contract of the insurer.

(3) In this rule, discriminating relates to:

(a) the suffering by a person from a chronic disease, illness or other medical condition or from a disease, illness or medical condition of a particular kind; or

(b) the gender, race, sexual orientation or religious belief of a person; or

(d) where a person lives; or

(e) any other characteristic of a person (including but not just matters such as occupation or leisure pursuits) that is likely to result in an increased need for hospital treatment or general treatment; or

(f) the frequency with which a person needs hospital treatment or general treatment; or

(g) the amount or extent of the benefits to which a person becomes entitled during a period under an overseas student health insurance contract or a specified temporary visa holder health insurance contract, as the case may be, except to the extent allowed by the written agreement, between the private health insurer and the Commonwealth, referred to in the definition of overseas student health insurance contract and specified temporary visa holder health insurance contract in the Private Health Insurance (Health Insurance Business) Rules 2007.

(4) In this rule, overseas student, overseas student health insurance contract, specified temporary visa holder and specified temporary visa holder health insurance contract have the same meaning as in the Private Health Insurance (Health Insurance Business) Rules 2007.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au

Contents

1. Name of Rules

2. Commencement

3. Revocation

4. Definitions

5. Insurance for overseas students or specified temporary visa holders