2019

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Private Health Insurance Legislation Amendment (Fairer Rules for General Treatments) Bill 2019

No.      , 2019

(Mr Wilkie)

A Bill for an Act to amend the law relating to private health insurance, to prevent private health insurers conducting health-related business involving the provision of general treatments, to prohibit private health insurers offering differential rebates, and for related purposes

Contents

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

2............ Commencement................................................................................... 2

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Private Health Insurance Act 2007                                                                          3

Private Health Insurance (Prudential Supervision) Act 2015                            3

A Bill for an Act to amend the law relating to private health insurance, to prevent private health insurers conducting health-related business involving the provision of general treatments, to prohibit private health insurers offering differential rebates, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Private Health Insurance Legislation Amendment (Fairer Rules for General Treatments) Act 2019.

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.

Note:          This table relates only to the provisions of this Act as originally enacted.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

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

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Private Health Insurance Act 2007

1  After paragraph 55‑5(2)(g)

Insert:

                    (ga)  the *health care provider a person chooses for a *general treatment; or

Private Health Insurance (Prudential Supervision) Act 2015

2  Section 4

Insert:

general treatment has the same meaning as in the Private Health Insurance Act 2007.

3  Section 14

Before “APRA”, insert “(1)”.

4  At the end of section 14

Add:

             (2)  A criteria for registration of a body as a private health insurer is that the body does not conduct a health‑related business (other than an aged care service within the meaning of the Aged Care Act 1997) involving the provision of general treatments.

5  At the end of subsection 21(1)

Add:

               ; or (d)  the insurer conducts a health‑related business (other than an aged care service within the meaning of the Aged Care Act 1997) involving the provision of general treatments.

6  At the end of section 96

Add:

             (4)  For the purposes of paragraph (1)(i), an insurer is taken to be conducting its affairs in a way that may cause or promote instability in the Australian private health insurance system if:

                     (a)  the insurer has access to information from the HICAPS claims and payment service; and

                     (b)  the insurer uses that information to gain a competitive advantage in any health-related business involving the provision of general treatments that is conducted by the insurer.

7  Application provision

(1)       The amendment made by item 1 of this Schedule applies in relation to general treatments provided after the commencement of this Schedule.

(2)       The amendment made by item 5 of this Schedule applies in relation to a health‑related business that was first conducted after the commencement of this Schedule (whether or not the insurer was first registered before or after the commencement of this Schedule).