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Health Insurance Amendment Regulations 2011 (No. 3)

Authoritative Version
  • - F2011L02113
  • No longer in force
SLI 2011 No. 183 Regulations as made
These Regulations amend the Health Insurance Regulations 1975 to facilitate the implementation of the 'changes to fees for fully depreciated diagnostic imaging equipment' or the Capital Sensitivity 2009-2010 Budget Measure.
Administered by: Health
Registered 24 Oct 2011
Tabling HistoryDate
Tabled HR31-Oct-2011
Tabled Senate31-Oct-2011
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms

Health Insurance Amendment Regulations 2011 (No. 3)1

Select Legislative Instrument 2011 No. 183

I, QUENTIN BRYCE, 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 19 October 2011

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

NICOLA ROXON


1              Name of Regulations

                These Regulations are the Health Insurance Amendment Regulations 2011 (No. 3).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Health Insurance Regulations 1975

                Schedule 1 amends the Health Insurance Regulations 1975.


Schedule 1        Amendments

(regulation 3)

 

[1]           Subparagraphs 20A (b) (i) and (ii)

substitute

                          (i)    if the equipment is a type of equipment, prescribed in regulation 20C — the type of equipment, the age and quantity of equipment of that type; and

 

[2]            Regulation 20C

omit everything before paragraph (c), insert

         (1)   For subsection 23DZR (2) of the Act, the following types of diagnostic imaging equipment are prescribed:

                (a)    ultrasound equipment non‑musculoskeletal K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I1 of the diagnostic imaging services table (other than subgroup 6); and

                                   (B)     is not a service for which a description is inserted in Group I1 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    does not include a transducer capable of operating at a frequency of 7.5 megahertz or higher; and

                        (iii)    is 10 years old or less;

              (aa)    ultrasound equipment non‑musculoskeletal K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I1 of the diagnostic imaging services table (other than subgroup 6); and

                                   (B)     is not a service for which a description is inserted in Group I1 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    does not include a transducer capable of operating at a frequency of 7.5 megahertz or higher; and

                        (iii)    is more than 10 years old and no more than 15 years old and was upgraded on or before it was 10 years old;

              (ab)    ultrasound equipment non‑musculoskeletal NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service for which a description is inserted in Group I1 of the diagnostic imaging services table by the 2011 Determination (other than subgroup 6); and

                         (ii)    does not include a transducer capable of operating at a frequency of 7.5 megahertz of higher; and

                        (iii)    either:

                                   (A)     is more than 10 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 10 years old and is more than 15 years old;

               (b)    ultrasound equipment musculoskeletal K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in subgroup 6 of Group I1 of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in subgroup 6 of Group I1 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    includes a transducer capable of operating at a frequency of 7.5 megahertz or higher; and

                        (iii)    is 10 years old or less;

              (ba)    ultrasound equipment musculoskeletal K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in subgroup 6 of Group I1 of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in subgroup 6 of Group I1 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    includes a transducer capable of operating at a frequency of 7.5 megahertz or higher; and

                        (iii)    is more than 10 years old and no more than 15 years old and was upgraded on or before it was 10 years old;

             (bb)    ultrasound equipment musculoskeletal NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service for which a description is inserted in subgroup 6 of Group I1 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    includes a transducer capable of operating at a frequency of 7.5 megahertz or higher; and

                        (iii)    either:

                                   (A)     is more than 10 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 10 years old and is more than 15 years old;

[3]           Paragraphs 20C (e) to (h)

substitute

                (e)    magnetic resonance imaging equipment K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I5 of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in Group I5 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    is 10 years old or less;

              (ea)    magnetic resonance imaging equipment K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I5 of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in Group I5 of the diagnostic imaging services table by the 2011 Determination; and

                        (iii)    is more than 10 years old and no more than 15 years old and was upgraded on or before it was 10 years old;      

              (eb)    magnetic resonance imaging equipment NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering of a service for which a description is inserted in Group I5 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    either:

                                   (A)     is more than 10 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 10 years old and is more than 15 years old;

                (f)    nuclear medicine imaging equipment for positron emission tomography — that is, equipment used in carrying out a diagnostic imaging procedure used in rendering a service described in items 61523 to 61646 in Group I4 of the diagnostic imaging services table;

               (g)    nuclear medicine imaging equipment K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I4 (other than items 61523 to 61646) of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in Group I4 in the diagnostic imaging table by the 2011 Determination; and

                         (ii)    is 10 years old or less;

              (ga)    nuclear medicine imaging equipment K‑type upgraded— that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in Group I4 (other than items 61523 to 61646) of the diagnostic imaging services table; and

                                   (B)     is not a service for which a description is inserted in Group I4 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    is more than 10 years old and no more than 15 years old and was upgraded on or before it was 10 years old;

             (gb)    nuclear medicine imaging equipment NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that is a service for which a description is inserted in Group I4 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    either:

                                   (A)     is more than 10 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 10 years old and is more than 15 years old;

               (h)    diagnostic radiology equipment for mammography K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in subgroup 10 of Group I3; and

                                   (B)     is not a service for which a description is inserted in subgroup 10 of Group I3 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    is 10 years old or less;

              (ha)    diagnostic radiology equipment for mammography K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure used in rendering a service that:

                                   (A)     is described in subgroup 10 of Group I3; and

                                   (B)     is not a service for which a description is inserted in subgroup 10 of Group I3 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    is more than 10 years old and no more than 15 years old and was upgraded on or before it was 10 years old;

             (hb)    diagnostic radiology equipment for mammography NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service for which a description is inserted in subgroup 10 of Group 13 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    either:

                                   (A)     is more than 10 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 10 years old and is more than 15 years old;

[4]           Paragraphs 20C (k) to (m)

substitute

               (k)    diagnostic radiology equipment for fluoroscopic examination K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in subgroup 15 or 17 of Group I3 of the diagnostic imaging services table; and

                         (ii)    is 15 years old or less;

              (ka)    diagnostic radiology equipment for fluoroscopic examination K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in subgroup 15 or 17 of Group I3 of the diagnostic imaging services table; and

                         (ii)    is more than 15 years old and no more than 20 years old and was upgraded on or before it was 15 years old;

             (kb)    diagnostic radiology equipment for fluoroscopic examination NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service that:

                                   (A)     is described in subgroup 15 or 17 of Group I3 of the diagnostic imaging services table; or

                                   (B)     is inserted in subgroup 15 or 17 of Group I3 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    either:

                                   (A)     is more than 15 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 15 years old and is more than 20 years old;

                (l)    diagnostic radiology equipment for orthopantomography K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in items 57960, 57963, 57966 and 579696 of subgroup 3 of Group I3 of the diagnostic imaging services table; and

                         (ii)    is 15 years old or less;

               (la)    diagnostic radiology equipment for orthopantomography K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in items 57960, 57963, 57966 and 579696 of subgroup 3 of Group I3 of the diagnostic imaging services table; and

                         (ii)    is more than 15 years old and no more than 20 years old and was upgraded on or before it was 15 years old;

              (lb)    diagnostic radiology equipment for orthopantomography NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service that is inserted in subgroup 3 of Group I3 of the diagnostic imaging services table by the 2011 Determination; and

                         (ii)    either:

                                   (A)     is more than 15 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 15 years old and is more than 20 years old;

              (m)    diagnostic radiology equipment x‑ray K‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in the following subgroups of Group I3 of the diagnostic imaging services table:

                                   (A)     subgroups 1 and 2;

                                   (B)     subgroup 3 (other than items 57960, 57963, 57966 and 579696;

                                   (C)     subgroups 4 to 9;

                                   (D)     subgroups 11 and 12;

                                   (E)     subgroup 14; and

                         (ii)    is 15 years old or less;

             (ma)    diagnostic radiology equipment x‑ray K‑type upgraded — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in the following subgroups of Group I3 of the diagnostic imaging services table:

                                   (A)     subgroups 1 and 2;

                                   (B)     subgroup 3 (other than items 57960, 57963, 57966 and 57969);

                                   (C)     subgroups 4 to 9;

                                   (D)     subgroups 11 and 12;

                                   (E)     subgroup 14; and

                         (ii)    is more than 15 years old and no more than 20 years old and was upgraded on or before it was 15 years old;

            (mb)    diagnostic radiology equipment x‑ray NK‑type — that is, equipment that:

                          (i)    is used in carrying out a diagnostic imaging procedure in rendering a service described in the following subgroups of Group I3 inserted of the diagnostic imaging services table by the 2011 Determination:

                                   (A)     subgroups 1 and 2;

                                   (B)     subgroup 3 (other than items 57959, 57962, 57965 and 57968);

                                   (C)     subgroups 4 to 9;

                                   (D)     subgroups 11 and 12;

                                   (E)     subgroup 14; and

                         (ii)    either:

                                   (A)     is more than 15 years old and has not been upgraded; or

                                   (B)     was upgraded on or before it was 15 years old and is more than 20 years old;

[5]           After subregulation 20C (1)

insert

         (2)   In this regulation:

2011 Determination means Schedule 1 to the Health Insurance (Diagnostic Imaging Capital Sensitivity) Determination 2011 [F2011L00724].

upgraded, for equipment, means:

                (a)    the equipment is currently accredited under the Royal Australian and New Zealand College of Radiologists’ Mammography Quality Assurance Program; or

               (b)    an additional reasonable investment has been made to the equipment:

                          (i)    that improved the overall performance of the imaging system provided by the equipment; and

                         (ii)    had the effect that the equipment was equivalent to new diagnostic imaging equipment supplied in Australia at the time of the improvement; and

         (3)   In this regulation the day from which the age of diagnostic imaging equipment is worked out is:

                (a)    the day the equipment was first installed in Australia; or

               (b)    if the equipment was imported as used equipment — the day of the oldest component of the equipment was manufactured.


Note

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