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Health Insurance Amendment Regulations 2007 (No. 1)

Authoritative Version
  • - F2007L00582
  • No longer in force
SLI 2007 No. 55 Regulations as made
These Regulations amend the Health Insurance Regulations 1975 to allow the ACCRM to communicate directly with Medicare Australia on matters relating to the recognition of medical practitioners who have attainted fellowship of ACCRM.
Administered by: Health
Made 29 Mar 2007
Registered 30 Mar 2007
Tabled HR 08 May 2007
Tabled Senate 09 May 2007
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Health Insurance Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 55

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 29 March 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

TONY ABBOTT


1              Name of Regulations

                These Regulations are the Health Insurance Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on 1 April 2007.

3              Amendment of Health Insurance Regulations 1975

                Schedule 1 amends the Health Insurance Regulations 1975.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 2, before definition of Appeal Committee

insert

ACRRM means the Australian College of Rural and Remote Medicine.

[2]           After regulation 2

insert

2A           General practitioners

                For paragraph (c) of the definition of general practitioner in subsection 3 (1) of the Act, a medical practitioner for whom a determination is in force under regulation 6DA recognising that he or she meets fellowship standards of the ACRRM is specified.

[3]           After regulation 6D

insert

6DA        Recognition of practitioners who meet ACRRM fellowship standards

         (1)   A medical practitioner may apply to the Medicare CEO for a determination under this regulation.

         (2)   After receiving an application, the Medicare Australia CEO must, within the required period, determine that the applicant is recognised as meeting the fellowship standards of the ACRRM if the ACRRM gives the Medicare Australia CEO written notice that the applicant is, under regulation 6DB, eligible for a determination.

         (3)   For subregulation (2), the required period is:

                (a)    14 days after the notice was received by the Medicare Australia CEO; or

               (b)    if the application was made after the notice was received — 14 days after the application was received by the Medicare Australia CEO.

         (4)   The Medicare Australia CEO must give the applicant written notice of the day on which the determination will come into force.

         (5)   The Medicare Australia CEO may give the ACRRM information about whether or not determinations under this regulation are in force for particular persons.

         (6)   The Medicare Australia CEO or an authorised officer may make available to members of the public, on request:

                (a)    the names of medical practitioners for whom determinations under this regulation are in force; and

               (b)    the addresses at which they practise.

         (7)   In this regulation:

authorised officer means an employee of Medicare Australia authorised by the Medicare Australia CEO as an authorised officer for this regulation.

6DB        Eligibility for determination

         (1)   An applicant who attained fellowship of the ACRRM after the requirement to undergo accredited training was first introduced is eligible for a determination only if the applicant:

                (a)    either:

                          (i)    has successfully completed accredited training; or

                         (ii)    has been assessed by the ACRRM as having training and experience equivalent to successful completion of accredited training; and

               (b)    meets the minimum requirements that apply to a Fellow of the ACRRM for continuing medical education and quality assurance.

         (2)   An applicant who attained fellowship of the ACRRM before the requirement to undergo accredited training was first introduced is eligible for a determination only if the applicant:

                (a)    either:

                          (i)    has been assessed by the ACRRM, using an assessment model approved by the Department, as having training and experience equivalent to successful completion of accredited training; or

                         (ii)    is a vocationally registered general practitioner; and

               (b)    meets the minimum requirements that apply to a Fellow of the ACRRM for continuing medical education and quality assurance.

         (3)   In this regulation:

accredited training means a training program and assessments for fellowship of the ACRRM accredited by the Australian Medical Council.

6DC        Revocation of determinations

         (1)   The Medicare Australia CEO must revoke a determination under regulation 6DA about a medical practitioner if:

                (a)    the medical practitioner requests the Medicare Australia CEO to do so; or

               (b)    the ACRRM gives the Medicare Australia CEO written notice that the medical practitioner has failed to meet its minimum requirements for continuing medical education and quality assurance; or

                (c)    the Medicare Australia CEO becomes aware that the medical practitioner is no longer a medical practitioner.

         (2)   A notice mentioned in paragraph (1) (b) is effective only if, before giving the notice, the ACRRM:

                (a)    informed the medical practitioner about the proposed notice; and

               (b)    gave the practitioner at least 14 days to show why the proposed notice should not be given.

         (3)   Before revoking the determination, the Medicare Australia CEO must give the medical practitioner written notice that the determination is to be revoked.

         (4)   The notice must specify the day on which the determination is to be revoked.

         (5)   The day specified under subregulation (4) must not be less than 14 days after the day on which the notice is given.

 


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.