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M4/2008 Principles as made
This Principle amends MRCA Treatment Principles (Instrument No. M21 of 2004) to provide that the Military Rehabilitation and Compensation Commission is not to accept financial liability for treatment provided to members or former members of the Defence Force, or their dependants (entitled persons), by a health care provider who is not permitted to participate in Medicare arrangements. This variation also introduces a new strategic mental health treatment for entitled persons and streamlines the process for updating incorporated documents in the MRCA Treatment Principles.
Administered by: Veterans' Affairs
General Comments: This instrument revokes MRCA Treatment Principles (Providers/ACPMH Treatment/Incorporated Documents) Instrument 2007 (No. M6 of 2007). As the instrument was signed by the Minister and never registered it needed to be formally revoked.
Registered 22 Feb 2008
Tabling HistoryDate
Tabled HR11-Mar-2008
Tabled Senate11-Mar-2008
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Government

Military Rehabilitation and Compensation Act 2004

 

MRCA Treatment Principles (Providers/ACPMH Treatment/Incorporated Documents) Instrument 2008

 

Instrument No. M4/2008

 

 

I, Alan Griffin, Minister for Veterans’ Affairs, pursuant to subsection 286(3) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the Military Rehabilitation and Compensation Commission.

Dated this         12th     day of               February          2008

Alan Griffin…..........................................................................................................

ALAN GRIFFIN

 

The Military Rehabilitation and Compensation Commission, pursuant to subsection 286(2) of the Military Rehabilitation and Compensation Act 2004, varies the MRCA Treatment Principles (Instrument No.M21 of 2004) in accordance with the Schedules A, B and C.

Dated this         31st      day of               January 2008

 

The Seal of the                                                 )

Military Rehabilitation                                       )

and Compensation Commission                      )

was affixed hereto in the                                    )

presence of:                                                      )

 

Mark Sullivan…………………………………………..….Ed Killesteyn

MARK SULLIVAN                                                  ED KILLESTEYN

CHAIR                                                         MEMBER

 

1.      Name of Instrument

 

This instrument is the MRCA Treatment Principles (Providers/ACPMH Treatment/Incorporated Documents) Instrument 2008.

 

2.      Revocation

 

Instrument No.M6/2007 approved by the Minister for Veterans’ Affairs on

24 January 2008 and entitled MRCA Treatment Principles (Providers/ACPMH Treatment/Incorporated Documents) Instrument 2007 is revoked.

 

Note: this instrument does not revoke instrument No.M6/2007 approved by the Minister for Veterans’ Affairs on 31 May 2007.

 

3.    Commencement

 

This instrument commences when it is registered on the Federal Register of Legislative Instruments.

 

4.    Definitions

 

          For the purposes of this instrument other than the Schedules:

 

Department of Veterans’ Affairs means the Department of State known as the Department of Veterans’ Affairs;

 

entitled person means a person entitled to treatment under the MRCA Treatment Principles;

 

health care provider means a person who provides treatment of a type referred to in the MRCA Treatment Principles;

 

Military Rehabilitation and Compensation Commission means the body corporate established under section 363 of the MRCA;

 

MRCA means the Military Rehabilitation and Compensation Act 2004;

 

            MRCA Treatment Principles means the legislative instrument made by the Military Rehabilitation and Compensation Commission under paragraph 286(1)(a) of the MRCA;

 

Notes for Providers means a document prepared by the Department of Veterans’ Affairs that includes the word “Notes” in its title and which sets out the terms and conditions on which the Military Rehabilitation and Compensation Commission will accept financial liability under the MRCA for treatment provided by a health care provider to an entitled person e.g. Notes for Exercise Physiologists.

 

 

 

5.    Application

 

Any procedure or other action, or decision, commenced or made, as the case may be, under Notes for Providers, before the commencement of this instrument that, on the commencement of this instrument remains incomplete or not implemented, as the case may be, is taken to have been made under the relevant Notes as incorporated into the MRCA Treatment Principles by this instrument and the procedure or other action, or decision, may be completed or implemented, as the case may be, under those Notes for the purposes of the Principles.


 

Schedule A Disqualification of Providers

 

1.      Paragraph 1.4.1 (definition of “Medicare benefit”)

 

          omit, substitute:

 

medicare benefit” has the same meaning as in section 3 of the Health Insurance Act 1973 in force from time to time.

 

2.      Paragraph 1.4.1 (definition of “physiotherapy”)

 

            after this definition, insert:

 

practitioner” has the same meaning as in section 124B of the Health Insurance Act 1973 in force from time to time.

 

3.      Paragraph 1.4.1 (definition of “provider number”)

 

            omit, substitute:

 

            “provider number” means the number that:

 

(a) is allocated by the Chief Executive Officer of Medicare Australia or by his or her delegate or by a person authorised by the Chief Executive Officer, to a practitioner; and

 

(b) identifies the practitioner and the places where the practioner practises his or her profession.

 

Note: see regulation 2 of the Health Insurance Regulations 1975. 

 

4.      Paragraph 4.3.4

 

            after this paragraph, insert:

 

            4.3A           Disqualified Medical Practitioners

 

            4.3A.1                  The Commission is not to accept financial responsibility for the cost of a medical service provided to an entitled person by, or on behalf of, a LMO, other GP or a medical specialist if, at the time the service was provided, a medicare benefit would not have been payable in respect of the service under section 19B or section 19C of the Health Insurance Act 1973 (in force from time to time) if the LMO, other GP or medical specialist had provided the service as a practitioner under that Act.

 

5.      Paragraph 5.2.6

 

          after this paragraph, insert:

 

            5.2A           Disqualified Dental Practitioners

 

            5.2A.1                  The Commission is not to accept financial responsibility for the cost of a dental service provided to an entitled person by, or on behalf of, a dental prosthetist, dentist or a dental specialist if, at the time the service was provided, a medicare benefit would not have been payable in respect of the service under section 19B of the Health Insurance Act 1973 (in force from time to time) if the dental prosthetist, dentist or dental specialist had provided the service as a practitioner under that Act.

 

6.      Paragraph 7.1A.3

 

after the Table, insert:

 

            7.1B           Disqualified Health Care Providers

 

            7.1B.1                  The Commission is not to accept financial responsibility for the cost of a service provided to an entitled person by, or on behalf of, a health care provider if, at the time the service was provided, a medicare benefit would not have been payable in respect of the service under section 19B of the Health Insurance Act 1973 (in force from time to time) if the health care provider had provided the service as a practitioner under that Act.

 


 

Schedule B – ACPMH Treatment

 

1.      Paragraph 1.4.1

 

before “Act” insert:

 

“ACPMH treatment” means action taken with a view to maintaining an entitled member in mental health and includes:

(a)    training members of the Defence Force or staff made available under section 382 of the Act, or both, in the mental health care disciplines that could benefit the mental health of an entitled member; and

(b)   conducting research into mental injuries or diseases suffered by members of the Defence Force or into the mental state generally of such members with the resulting knowledge being applied to the benefit of the health of an entitled member; and

(c)    improving communication on mental injury or disease health care matters between:

(i)                  members of the Defence Force who are staff-managers; and

(ii)                staff made available under section 382 of the Act; and

(iii)               an entitled member; and

(d)   conducting mental injury or disease health care policy research with the outcomes of that research being applied to the benefit of the health of an entitled member.

Note (1): under section 13 of the Act treatment can be action taken with a view to maintaining a person in physical or mental health.

 

Note (2): the term “member” is defined in these Principles so as to include “former member“ and the term “Defence Force” is defined in s.5 of the Act.

 

2.      Paragraph 1.4.1

 

after “Act” insert:

 

“Australian Centre for Posttraumatic Mental Health” and “ACPMH” mean the Australian Centre for Posttraumatic Mental Health Incorporated.

 

3.      Paragraph 2.7A.1

 

after this paragraph, insert:

 

2.7B Australian Centre for Posttraumatic Mental Health Treatment

 

2.7B.1         The Commission may accept financial liability for ACPMH treatment provided for the benefit of an entitled member who is entitled to such treatment under the Act.

 

Note (1): under subsection 13(1) of the Act treatment can be action taken with a view to maintaining a person in physical or mental health.

 

Note (2): the intention is that the Commission may accept liability for ACPMH treatment even though such treatment is not necessarily provided by the Australian Centre for Posttraumatic Mental Health but under its auspices.

 

Note (3): prior approval for ACPMH treatment is not required.

 

 

 

 

 


 

Schedule C – Incorporated Documents

 

 

1.      Paragraph 1.4.1 (definition of “dental schedules”)

 

                omit paragraph (b), substitute:

 

(b)     are deemed to have been prepared by the Commission (see Schedule 1) of the Principles; and

 

are in force on the date in Schedule 3 for these documents.

 

2.      Paragraph 1.4.1 (definition of “Fee Schedule”)

 

            omit:

 

                1 May 2007

 

            substitute:

 

          the date in Schedule 3 for the document

 

3.                Paragraph 1.4.1 (definition of “Notes for Local Medical Officers”)

 

omit:

 

in August 2001

 

substitute:

 

          on the date in Schedule 3 for this document

 

4.      Paragraph 1.4.1 (definition of “Notes for Providers of Optometric Services / Dispensers of Optical Appliances”)

 

omit:

 

in June 2006

 

substitute:

 

          on the date in Schedule 3 for this document

 

5.      Paragraph 1.4.1 (definition of “Pricing Schedule for Visual Aids”)

 

          omit, wherever occurring:

 

          1 May 2007

 

          substitute:

 

          the date in Schedule 3 for this document

 

6.      Paragraphs 3.5.1A.1 and 3.5.1A.2

 

            omit, wherever occurring:

 

            1 May 2007

 

            substitute:

 

            the date in Schedule 3 for the document

 

7.      Paragraph 5.1.1

 

            omit:

 

          1 May 2007

 

            substitute:

 

                the date in Schedule 3 for this document

 

8.      Paragraphs 7.1A.1 and 7.1A.3

 

          omit:

 

          1 May 2007

 

          substitute:

 

          the date in Schedule 3 for the document

 

9.      Paragraph 7.1A.3 (Table )

 

          after:

         

Dietitian

Notes for Dietitians

 

          insert:

 

Exercise Physiologist

Notes for Exercise Physiologists

 

10.    Paragraph 11.2A.1

 

          omit:

 

          1 July 2007

 

          substitute:

 

          the date in Schedule 3 for this document

 

11.    Schedule 2          MRCA Medical Fee Schedule

 

          after the Schedule, insert:

 

SCHEDULE 3 DATES FOR INCORPORATED DOCUMENTS

 

The date for :

 

(i)      the dental schedules (paragraph 1.4.1);

 

(ii)      a fee schedule (paragraph 1.4.1);

 

(iii)     Notes for Local Medical Officers (paragraph 1.4.1);

 

(iv)     Notes for Providers of Optometric Services/Dispensers of Optical Appliances (paragraphs 1.4.1 and 7.1A.3);

         

(v)     Pricing Schedule for Visual Aids (paragraph 1.4.1);

 

(vi)     Notes for Providers (paragraphs 3.5.1A.1, 3.5.1A.2, 7.1A.1);

 

          (vii)    Notes for Local Dental Officers (paragraph 5.1);

 

          (viii)   Notes for Chiropractors (paragraph 7.1A.3);

 

(ix)     Notes for Diabetes Educators (paragraph 7.1A.3);

 

(x)     Notes for Dietitians (paragraph 7.1A.3);

 

(xi)     Notes for Exercise Physiologists (paragraph 7.1A.3);

 

(xii)    Notes for Occupational Therapists (paragraph 7.1A.3);

 

(xiii)   Notes for Osteopaths (paragraph 7.1A.3);

 

(xiv)   Notes for Podiatrists (paragraph 7.1A.3);

 

(xv)         Notes for Physiotherapists (paragraph 7.1A.3);

 

(xvi)   Notes for Speech Pathologists (paragraph 7.1A.3);

 

(xvii)  RAP National Schedule of Equipment (paragraph 11.2A.1);

(xviii) Rehabilitation Appliances Program (RAP) National Guidelines (paragraph 11.2A.1);

 

is 1 November 2007.