Federal Register of Legislation - Australian Government

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Schemes as made
This instrument amends the Premium Support Scheme 2004, as amended by the Premium Support Scheme 2005 (No. 1), by clarifying and refining processes to ensure that the Scheme delivers its intended outcomes.
Administered by: Health
Registered 30 Jun 2006
Tabling HistoryDate
Tabled HR08-Aug-2006
Tabled Senate08-Aug-2006
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

Premium Support Amendment Scheme 2006 (No. 1)

 

I, TONY ABBOTT, Minister for Health and Ageing, formulate this Scheme under subsection 43 (1) of the Medical Indemnity Act 2002.

Dated_________________20/6/2006

 

                                             T Abbott

Minister for Health and Ageing

 

 

 


Contents

 

Part 1                   Preliminary                                                                                           3

1.           Name of Scheme [Note 1]                                                                        3

2.           Commencement                                                                                      3

3.           Amendment of the Premium Support Scheme 2004                                    3

Schedule - Amendments                                                                                                   4

 

 


Part 1        Preliminary

1.      Name of Scheme [Note 1]

This Scheme is the Premium Support Amendment Scheme 2006 (No. 1).

2.      Commencement

This Scheme commences on the date after it is registered.

3.      Amendment of the Premium Support Scheme 2004

The Schedule amends the Premium Support Scheme 2004.

Schedule - Amendments

[1]           Section 5

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[2]           Section 7

The heading is amended by omitting 'HIC and the' and substituting 'The'

[3]           Subsection 7 (1)

Omit 'HIC and the' and ' (through the Department)'

[4]           Section 8

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[5]           Section 9

Omit ', the HIC'

[6]           Subsection 11 (3)

Omit 'HIC', substitute 'Medicare Australia CEO'

The note under the subsection is amended by omitting 'HIC' and substituting 'Medicare Australia CEO'.

[7]           Subsection 11 (5)

Omit 'HIC', substitute 'Medicare Australia CEO'

[8]           After section 12

Insert

12A         Medical practice outside Australia

(1)    If a member's contract of insurance for a premium period provides medical indemnity cover for the practice of his or her medical profession carried on outside Australia or both in and outside Australia, subsection (2) applies to the member.

(2)    The member is not eligible for subsidy under this Scheme:

(a)    if the member's contract of insurance provides medical indemnity cover only for the practice of his or her medical profession carried on outside Australia; or

(b)    where the member's contract of insurance provides medical indemnity cover for the practice of his or her medical profession carried on both in and outside Australia, if the member has practised as a medical practitioner outside Australia for a total of six months or more during the premium period.

Note   Section 22 of the Acts Interpretation Act 1901 defines 'month'.

(3)    The six-month period referred to in subsection (2) includes leave taken in the ordinary course of medical practice (such as holiday or illness), but does not include any other absence from practice as a medical practitioner.

(4)    For subsection (2), if during a premium period a member practises outside Australia in one of the circumstances referred to in the Medical Indemnity Regulations 2003 for the purposes of paragraph 34E (1) (c) of the Act, the practice is taken to be practice in Australia for that premium period.

Note   The Medical Indemnity Regulations 2003 refer to incidents (1) involving Australian citizens or residents which occur outside Australia while the person and medical practitioner are on a sporting, cultural or official tour, or (2) where the practitioner is undertaking aid work outside Australia and the incident involves that work.

[9]           Paragraph 13 (1) (b)

Omit 'HIC', substitute 'Medicare Australia CEO'

The note under the paragraph is amended by omitting 'HIC' and substituting 'Medicare Australia CEO'.

[10]         Paragraph 13 (1) (f)

Omit 'HIC', substitute 'Medicare Australia CEO'

[11]         Paragraph 13 (2) (b)

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

The note under the paragraph is amended by omitting 'HIC' and substituting 'Medicare Australia CEO'.

[12]         Subsection 13 (3)

Omit 'HIC', substitute 'Medicare Australia CEO'

[13]         After subsection 13(3)

Insert

13A         Members not invoiced for UMP support payment

(1)    This section applies to a member (the affected member) if:

(a)    the member has a liability for UMP support payment; and

(b)    the payment day for that liability is prescribed in a provision of regulations made under the Act where that provision comes into effect after 16 May 2006 (the new payment day).

(2)    Subsection 11 (4) and paragraph 13 (1) (c) are taken never to have applied to an affected member on or before the date of the new payment day.

(3)    Notwithstanding anything in this Scheme other than subsection (4), if for a premium period an affected member would have been entitled to a subsidy or a higher amount of subsidy had the affected member’s liability for the UMP support payment referred to in subsection (1) been taken into account in determining the member's gross indemnity costs, the contracted insurer may apply on behalf of the member for a subsidy or an adjustment to the member's subsidy, as the case may be.

(4)    Subsection 11 (4) and paragraphs 13 (1) (c) and (d) (and therefore subsection 13 (2)) apply to an affected member in respect of the new payment day:

(a)    after the date referred to in subsection (2); and

(b)    whether or not the new payment day is in the premium period referred to in subsection 11 (4) or section 13.

[14]         Section 15 – Rural Calculation

Before the words 'For a procedural' insert '(1)'

[15]         After section 15

Insert

(2)    If the procedural general practitioner's medical indemnity cover for procedural general practice is increased solely to cover the practitioner's performance of non-therapeutic cosmetic procedures, the increase in premium for the extended services is not to be included in the premium for subsection (1).

Note   Subsection (2) applies only to rural practitioners who come within the definition of procedural general practitioner, which excludes a practitioner whose procedural general practice involves only non-therapeutic cosmetic procedures. Under subsection (2) above, if a rural procedural general practitioner is required to pay a higher premium because he or she is performing non-therapeutic cosmetic procedures, the additional amount of premium is not included in the rural calculation.

[16]         Section 23

Repeal the section

[17]         Subsection 24 (1)

Omit 'Subject to subsection (2), gross', substitute 'Gross'

[18]         Paragraph 25 (1) (b)

Omit 'insurers,', substitute 'insurers; and'

[19]         After paragraph 25 (1) (b)

Insert

(c)    income earned for medical practice overseas if the member's contract of insurance covers any overseas practice (including, for the avoidance of doubt, income for practice referred to in subsection 12A (4)),

[20]         Subsection 26 (1)

Omit 'HIC', substitute 'Medicare Australia CEO'

[21]         Subsection 26 (4)

Omit 'HIC', substitute 'Medicare Australia CEO'

[22]         Section 27

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[23]         Section 28

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[24]         After section 28

Insert

(5)    Notwithstanding anything in the PSS contract, applications for adjustment must be made as soon as practicable or otherwise within the timeframe notified in writing by the Medicare Australia CEO to the contracted insurer.

[25]         Section 31

Omit 'HIC', substitute 'Medicare Australia CEO'

[26]         Section 32

Omit 'HIC', substitute 'Medicare Australia CEO'

[27]         Section 33

Omit 'HIC', substitute 'Medicare Australia CEO'

[28]         Section 34

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[29]         Section 35

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[30]         Section 36

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[31]         Section 37

Omit 'HIC', substitute 'Medicare Australia CEO'

[32]         Section 38

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[33]         Section 40

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[34]         Section 43

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[35]         Section 44

Omit 'HIC', substitute 'Medicare Australia CEO'

[36]         Section 45

Omit 'HIC', substitute 'Medicare Australia CEO'

[37]         Subsection 47(1)

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

 

[38]         Subsection 47(2)

Omit 'officer of the HIC', substitute 'employee authorised by the Medicare Australia CEO'

[39]         Subsection 47(3)

Omit 'officer of the HIC', substitute 'employee authorised by the Medicare Australia CEO'

[40]         Subsection 47(4)

Omit 'officer of the HIC', substitute 'employee of Medicare Australia'

After 'unless', insert 'the employee or'

[41]         Section 48

The heading is amended by omitting 'HIC' and substituting 'Medicare Australia CEO'

[42]         Section 48

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[43]         Section 49

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[44]         Section 50

Omit 'HIC' (wherever occurring), substitute 'Medicare Australia CEO'

[45]         Section 51

Omit 'HIC', substitute 'Medicare Australia CEO'

[46]         Section 52 

Delete (1)

The note under the heading is amended by omitting 'HIC' and substituting 'Medicare Australia CEO'.

[47]         Section 52 – Definition of 'collection body'

Repeal the definition

[48]         Section 52 – Definition of 'procedural general practitioner'

Omit 'Implanon.', substitute

Implanon,

but does not include a medical practitioner who is charged a premium higher than the premium charged to non-procedural general practitioners solely because of the performance of non-therapeutic cosmetic procedures.

The note under the definition is deleted.

[49]         Section 52 

Insert

Australia includes an external Territory.

non-therapeutic cosmetic procedure means a procedure that is cosmetic in nature and is not a professional service mentioned in the general medical services table under the Health Insurance Act 1973.

Note   Section 14A of the Acts Interpretation Act 1901 deems the definitions to be inserted in the appropriate alphabetical position.

 

 

 

Notes

1.       This Scheme amends the Premium Support Scheme 2004, as amended by the Premium Support Scheme 2005 (No. 1).