Federal Register of Legislation - Australian Government

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Determinations/Health as made
This Determination provides for four items for services involving lens extraction and/or the insertion of an artificial lens.
Administered by: Health
General Comments: This Determination was made due to the disallowance of items 42698, 42701, 42702 and 42718 in Part 3 of Sch 1 of the Health Insurance (General Medical Services Table) Regulations 2009 (F2009L03329). See Section 3C below: 3C Health service not specified in an item (1) The Minister may, by writing, determine that: (a) a specified health service, or a health service included in a specified class of health services, being a health service not specified in an item in the table, shall, or shall in specified circumstances, be treated, for the purposes of specified provisions of this Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if: (i) the health service were whichever of the following is specified in the determination, namely: (A) both a professional service and a medical service; (B) a medical service; and (ii) there were an item in the general medical services table, the pathology services table or the diagnostic imaging services table that: (A) related to the health service; and (B) specified in respect of the health service a fee in relation to a State, being the fee and the State specified in the determination in relation to the health service; and (b) a specified provision of the regulations, a specified instrument made under or given pursuant to this Act or a specified provision of a specified instrument made under or given pursuant to this Act, being a provision or instrument, as the case may be, in which all or any of the following are specified, namely, a professional service, medical service or item, shall, or shall in specified circumstances, have effect as if: (i) the health service; or (ii) the item that, by virtue of subparagraph (a)(ii), relates to the health service; as the case requires, were also specified in the provision or instrument, as the case may be.
Registered 30 Oct 2009
Tabling HistoryDate
Tabled HR16-Nov-2009
Tabled Senate16-Nov-2009
Date of repeal 25 Nov 2009
Repealed by Disallowance in full
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
16-Nov-2009
Expiry Date:
22-Feb-2010
House:
Senate
Details:
Full
Resolution:
Disallowed
Resolution Date:
25-Nov-2009
Resolution Time:
Provisions:

 

 

 

Health Insurance (Cataract Surgery) Determination 2009

__________________________________________________________________

I, NICOLA ROXON, Minister for Health and Ageing, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.

Dated   29 October 2009        

 

 

NICOLA ROXON

________________________________

Minister for Health and Ageing

 

 

 

 

 

 


Contents

 

1.           Name of Determination                                                                             3

2.           Commencement and Cessation                                                                3

3.           Interpretation                                                                                           3

4.           Treatment of a relevant service                                                                  3

Schedule             Specified Health Service                                                         4

 

 


1.                      Name of Determination

This Determination is the Health Insurance (Cataract Surgery) Determination 2009.

2.                      Commencement  and Cessation

(1)        This Determination commences on 1 November 2009.

(2)        This Determination ceases on 31 October 2010.

3.                      Interpretation

(1)        In this Determination:

Act means the Health Insurance Act 1973.

relevant provisions means all provisions, relating to professional services or to medical services, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under that Act

relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in the Schedule

Schedule means the Schedule to this Determination

Note          Unless the contrary intention appears, expressions used in this Determination have the same meanings as in the Act—see section 13 of the Legislative Instruments Act 2003.

(2)        Unless the contrary intention appears, a reference in this Determination to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

4.                      Treatment of a relevant service

A relevant service provided in accordance with this Determination is to be treated, for the relevant provisions, as if

(a)                    it were both a professional service and a medical service; and

(b)                   there were an item in Group T8 of the general medical services table that

i.                related to the service; and

ii.             specified for the service a fee in relation to each State, being the fee specified in the Schedule in relation to the service.

Schedule           Specified Health Service

 

 

 

 

Item

 

Health Service

 

Fee for all States

 

42698

Lens extraction, excluding surgery performed to correct a

refractive error, other than anisometropia that exceeds

3 dioptres and develops after the removal of cataract in the

first eye (Anaes.)

 

 

$350.95

 

42701

Artificial lens, insertion of, excluding surgery performed

to correct a refractive error, other than anisometropia that

exceeds 3 dioptres and develops after the removal of

cataract in the first eye (Anaes.)

 

 

$206.75

42702

Lens extraction and insertion of artificial lens, excluding

surgery performed to correct a refractive error, other than

anisometropia that exceeds 3 dioptres and develops after

the removal of cataract in the first eye (Anaes.)

 

 

$454.35

42718

Complex lens extraction and insertion of artificial lens,

with a surgical procedure time of 40 minutes or more,

excluding surgery performed for the correction of

refractive error (other than anisometropia greater than

3 dioptres following the removal of cataract in the first eye) (Anaes.)

 

$900.75

 Note: Section 3C(7) of the Act deems an internal territory to form part of the State of New South Wales.