Health Insurance (Section 3C Pathology Services – Respiratory Pathogen Testing) Determination 2024

I, Mary Warner, delegate of the Minister of Health and Aged Care, make the following determination.

Dated      14 May 2024   

Mary Warner

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Treatment of relevant services

Schedule 1—Pathology services

1  Name

  This instrument is the Health Insurance (Section 3C Pathology Services – Respiratory Pathogen Testing) Determination 2024.

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Note: This table relates only to the provisions of this instrument as originally made.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.

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 pathology 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.

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

Schedule means a Schedule to this instrument.

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

• clinically relevant service;
• item;
• professional service;
• schedule fee.

 (1) 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 a service to which an item in Schedule 1 applies, a relevant service, provided in accordance with this instrument 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 P3 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 the Schedule in relation to the service.

6  Application of provisions of the pathology services table

(1)    Clause 1.2.1 of the pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in that clause.

(2)    Clause 1.2.2 of the pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in that clause.

(3)    Clause 1.2.9 of the pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified as pathology services under subclause 1.2.9(1) in that clause.

(4)    Clause 1.2.10 of the pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in that clause.

(5)    Clause 1.2.11 pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in that clause.

(6)    Clause 1.2.12 pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in that clause.

(7)    Clause 1.3.2 of the pathology services table shall have effect as if the items in Schedule 1 of this instrument were specified in subsection (2) of that clause. 

Schedule 1—Pathology services