Health Insurance (Section 3C Pathology –17p chromosomal deletion testing) Determination 2023

I, Daniel McCabe, delegate of the Minister for Health and Aged Care, make the following Determination.

Dated  6 June 2023

Daniel McCabe

Contents

1.  Name

2.  Commencement

3.  Authority

4.  Definitions

5.  Treatment of relevant services

6.  Schedules

Schedule – relevant services

1.  Name

 This instrument is the Health Insurance (Section 3C Pathology –17p chromosomal deletion testing) Determination 2023.

2.  Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3.  Authority

  This instrument is made under subsection 3C(1) of the Health Insurance Act 1973.

4.  Definitions

 (1) In this instrument:

Act means the Health Insurance Act 1973.

Pathology services table means the table prescribed under subsection 4A(1) of the Act.

relevant provisions means all provisions, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under the National Health Act 1953, relating to medical services, professional services or items.

relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in a Schedule.

Schedule means a Schedule to this instrument.

Note: The following terms are defined in subsection 3(1) of the Act:

• clinically relevant service;
• pathology services table;
• item;
• professional service.

 (2) Unless the contrary intention appears, a reference in this instrument to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

5.  Treatment of relevant services

(1)     For subsection 3C(1) of the Act a relevant service, provided in accordance with this Determination and as a clinically relevant service, is to be treated, for the relevant provisions, as if:

(a)      it were both a professional service and a pathology service; and

(b)     there were an item in Group P7 of the pathology services table that:

(i)  related to the service; and

(ii) specified for the service a fee in relation to each State, being the fee specified in Schedule 1 in relation to the service.

6.  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable term in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule – relevant services