Federal Register of Legislation - Australian Government

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Determinations/Health as made
This Determination amends the Hearing Services (Participants in the Voucher System) Determination 1997 to implement the Minimum Hearing Loss Threshold announced in the 2009-10 Budget and also provides for participants who do not meet the hearing loss threshold of greater than 23 decibels but who meet additional criteria that demonstrate a clinical need for the provision of a hearing device to be fitted with a hearing device.
Administered by: Health
Registered 22 Jun 2010
Tabling HistoryDate
Tabled HR23-Jun-2010
Tabled Senate23-Jun-2010
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

I, JUSTINE ELLIOT, Minister for Ageing, make this Determination under subsection 13 (1) of the Hearing Services Administration Act 1997.

Dated June 2nd 2010

J Elliot

JUSTINE ELLIOT


1              Name of Determination

                This Determination is the Hearing Services (Participants in the Voucher System) Amendment Determination 2010 (No. 1).

2              Commencement

                This Determination commences on 1 July 2010.

3              Amendment of Hearing Services (Participants in the Voucher System) Determination 1997

                Schedule 1 amends the Hearing Services (Participants in the Voucher System) Determination 1997.


Schedule 1        Amendments

(section 3)

  

[1]           Section 3, after definition of Table B

insert:

type 1 hearing loss means hearing loss averaging greater than 23 decibels when tested at 0.5, 1 and 2 kilohertz.

type 2 hearing loss means hearing loss averaging 23 decibels or less when tested at 0.5, 1 and 2 kilohertz.

[2]           Section 3, after definition of voucher system

insert:

Wishes and Needs Tool means the document so titled, in the form issued by the National Acoustic Laboratories, as in force on 1 July 2010.

[3]           Subsection 6(1)

omit

sections 7 and 8

substitute

sections 7, 8 and 9

[4]           Subsection 6(2), Table B

substitute

 

Column 1

Class No.
(by reference to Table A)

Column 2

Description of available hearing services

1

1.      Services necessary to assess and measure the nature and extent of the participant’s hearing loss

 

2.      Advice and assistance to the extent necessary to achieve a rehabilitation outcome by the participant that is commensurate with his or her needs

 

3.      For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, for fitting at no cost to participants; and

        (ii)   is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances

 

 

4.      For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, as a device for which the participant can be asked to make a payment to the provider; and

        (ii)   is clinically suitable to the participant’s hearing loss

Note   Subsection 7 (2) applies.

 

5.      For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, for fitting at no cost to participants; and

        (ii)   is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances

 

 

6.      For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005,as a device for which the participant can be asked to make a payment to the provider; and

        (ii)   is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances

Note   Subsection 7 (2) applies.

 

7.      Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997.

Note   Subsection 7 (2A) applies.

 

8.      Services necessary to fit the selected hearing device

 

9.      Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year

Note   Subsection 7 (3) applies.


2

The following services, other than any service that the participant had received before 1 November 1997:

 

1.      Services necessary to assess and measure the nature and extent of the participant’s hearing loss

 

2.      Advice and assistance to the extent necessary to achieve a rehabilitation outcome by the participant that is commensurate with his or her needs

 

3.      For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, for fitting at no cost to participants; and

        (ii)   is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances

 

 

4.      For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, as a device for which the participant can be asked to make a payment to the provider; and

        (ii)   is clinically suitable to the participant’s hearing loss

Note   Subsection 7 (2) applies.

 

5.      For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005, for fitting at no cost to participants; and

        (ii)   is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances

 

 

6.      For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:

   (a)  meets the specifications approved by the Minister; and

   (b)  is approved by the Minister, in writing, for this section on the basis that the device:

         (i)   has been approved by the Minister, under rule 12 of the Hearing Services Rules of Conduct 2005,as a device for which the participant can be asked to make a payment to the provider; and

        (ii)   is clinically suitable to the participant’s hearing loss

Note   Subsection 7 (2) applies.

 

7.      Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997.

Note   Subsection 7 (2A) applies.

 

8.      Services necessary to fit the selected hearing device

 

9.      Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year

Note   Subsection 7 (3) applies.

3

1.      Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year

Note   Subsection 8 (2) applies.

2.      Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997

4

Necessary repairs and maintenance of the hearing device, excluding the replacement of major electronic components within the device and provision of batteries for use with the device, for a period of 5 years from the date the participant ceased to be an eligible person.

Note   For this item, necessary repairs and maintenance covers the following:

·         cleaning

·         replacement of minor parts, such as tubing

·         earmould renewal and repair.

 

 [5]          Subsection 7(2)

substitute

The services specified in items 4 and 6 are available to a participant only if the participant agrees to accept personal responsibility for paying extra charges incurred because the participant chose a hearing device of a kind mentioned in those items.

[6]           Subsection 7(2A)

omit

item 3B

substitute

item 7

[7]           Subsection 7(3)

omit

item 5

substitute

item 9

[8]           After section 8

insert

9.                  Additional requirements

(1)      In this section:

class 1 means class 1 specified in Table A.

class 2 means class 2 specified in Table A.

item means an item in column 2, in relation to class 1 or 2, in Table B.

(2)      For items 5 and 6, the requirements are:

(a)   the participant receives a score of 5 or greater on the Wishes and Needs Tool with a score of 2 or greater for each response; and

(b)   the participant has:

(i)      high frequency hearing loss averaging 40 decibels or greater when tested at 2, 3 and 4 kilohertz in the ear in which the hearing device is for fitting; or

(ii)      tinnitus, the symptoms of which can be reduced through the use of the device; or

(iii)     previously used a voucher to obtain a hearing device and can demonstrate to the satisfaction of a contracted service provider use of that device ; or

(iv)     a visual impairment that reduces the ability to see mouth movements and is not able to be corrected by medical or optometrical treatment.