Health Legislation Amendment (Private Health Insurance Incentives) Act 1997

No. 45, 1997

An Act to amend the Health Insurance Commission Act 1973 and the National Health Act 1953

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendment of Acts 3

Health Insurance Commission Act 1973 3

National Health Act 1953 3

Health Legislation Amendment (Private Health Insurance Incentives) Act 1997

No. 45, 1997

An Act to amend the Health Insurance Commission Act 1973 and the National Health Act 1953

[Assented to 22 April 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Health Legislation Amendment (Private Health Insurance Incentives) Act 1997.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of Acts

Health Insurance Commission Act 1973

1  After section 8D

Insert:

8DA  Administration of the Private Health Insurance Incentives Act 1997

  The functions of the Commission include administering the Private Health Insurance Incentives Act 1997.

National Health Act 1953

2  After section 73ABA

Insert:

73ABB  Registered health benefits organization to comply with requirements of Private Health Insurance Incentives Act 1997

  It is a condition of registration of a registered organization that it must not contravene a requirement imposed on it by or under the Private Health Insurance Incentives Act 1997.

3  After paragraph 82G(1)(ba)

Insert:

 (bb) to obtain regular reports from registered organisations about matters relating to the incentives scheme within the meaning of the Private Health Insurance Incentives Act 1997, including reports supported by actuarial certification;

4  At the end of section 82L

Add:

 (3) If the registered organisation was a participating fund for that year, the report must also include details, in a form determined by the Council, of the following:

 (a) persons with whom private health insurance policies issued by the registered organisation were in force during that year and who were participants in the incentives scheme for that year;

 (b) reductions of premium payable for that year as a result of the operation of the scheme;

 (c) receipt of money from the Commission under the Private Health Insurance Incentives Act 1997 for that year.

 (4) Without limiting subsection (3), the report must include a statement by an auditor as to whether, in the opinion of the auditor, the registered organisation has complied with the provisions of the Private Health Insurance Incentives Act 1997 during that year.

 (5) In this section:

participant in the incentives scheme has the same meaning as in the Private Health Insurance Incentives Act 1997.

participating fund has the same meaning as in that Act.

private health insurance policy has the same meaning as in that Act.

5  After subsection 82PA(2)

Insert:

 (2A) The report must also contain such information as the Minister determines about matters relating to the involvement of registered organisations in the incentives scheme within the meaning of the Private Health Insurance Incentives Act 1997.

 (2B) In particular, the report must contain information about any statement by an auditor under subsection 82L(4) that, in the opinion of the auditor, the registered organisation concerned has not complied with the provisions of the Private Health Insurance Incentives Act 1997 during the year.

6  After paragraph 82R(1)(b)

Insert:

 or (c) having regard to an auditor’s statement under subsection 82L(4), a registered organization has not complied with the provisions of the Private Health Insurance Incentives Act 1997;

7  Section 82ZSA

Repeal the section, substitute:

82ZSA  Grounds for complaint

  The complaint may be about:

 (a) any matter arising out of or connected with a private health insurance arrangement; or

 (b) any matter arising out of or connected with the incentives scheme within the meaning of the Private Health Insurance Incentives Act 1997.

[Minister’s second reading speech made in—

House of Representatives on 13 December 1996

Senate on 27 February 1997]

Clerk of the House of Representatives

IN THE NAME OF HER MAJESTY, I assent to this Act.

Governor-General

1997