A Bill for an Act to amend the law relating to health, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Health Insurance Amendment (Diagnostic Imaging Accreditation) Act 2009.
2 Commencement
(1) Each provision of this Act 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.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | The later of: (a) the day this Act receives the Royal Assent; and (b) 1 April 2010. | |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 the Health Insurance Amendment (Diagnostic Imaging Accreditation) Act 2007
1 After item 12 of Schedule 1
Insert:
12A Transitional provisions for providers of non‑radiology services
(1) This item applies to a proprietor of diagnostic imaging premises, or of a base for mobile diagnostic imaging equipment, if:
(a) the proprietor is rendering a non‑radiology diagnostic imaging procedure at the premises or base before 30 June 2010; and
(b) the premises or base is not accredited under a diagnostic imaging accreditation scheme.
(2) A non‑radiology diagnostic imaging procedure is a diagnostic imaging procedure for services described in the following items in the diagnostic imaging services table:
(a) each item in subgroup 2 of Group I1;
(b) each item in subgroup 5 of Group I1;
(c) items 59903 to 59925 (inclusive);
(d) items 59971 to 59973 (inclusive);
(e) each item in subgroup 16 of Group I3;
(f) each item in Group I4.
(3) The proprietor may register the premises or base for:
(a) one or more non‑radiology diagnostic imaging procedures; or
(b) one or more non‑radiology diagnostic imaging procedures and one or more other diagnostic imaging procedures.
(4) The proprietor may do so by lodging a notice, no later than 30 June 2010, with the person who is designated by the Minister.
(5) If the person designated by the Minister approves a form for the notice, the notice must be in that form.
(6) The person designated by the Minister may charge a fee for lodgment of the notice.
(7) If the proprietor registers the premises or base in accordance with subitems (3) to (6), the premises or base is taken to be accredited for the diagnostic imaging procedures specified in the notice, for the purposes of section 16EA of the Health Insurance Act 1973. This is deemed accreditation for those procedures.
(8) The proprietor may add one or more diagnostic imaging procedures to the deemed accreditation by lodging a notice, no later than 30 June 2011, with the person who is designated by the Minister.
(9) The deemed accreditation applies only to the premises or base specified in the notice, and cannot be transferred to other premises or another base.
(10) The deemed accreditation is not affected by any change in the proprietor of the premises or base.
(11) The deemed accreditation ends:
(a) if a proprietor’s application for accreditation for the diagnostic imaging procedures that are covered by the deemed accreditation is approved—on the day when the accreditation takes effect; or
(b) if a proprietor’s application for accreditation for the diagnostic imaging procedures that are covered by the deemed accreditation is refused—on the later of the following days:
(i) 30 June 2011;
(ii) the day when the proprietor’s right to have the decision to refuse the application reconsidered is exhausted or expires under the scheme or under section 23DZZIAD of the Health Insurance Act 1973; or
(c) in any other case—on 30 June 2011.
(12) The Minister may, by legislative instrument, designate a person with whom notices under subitem (4) are to be lodged.
(13) The Minister may, by signed instrument, delegate that power to:
(a) the Secretary of the Department; or
(b) an SES employee in the Department.
(14) Expressions used in this item that are defined in the Health Insurance Act 1973 have the same meaning as they have in that Act.