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MRCC 28/2012 Principles as made
This instrument recognises new categories of dental providers who may provide services to entitled persons under the Military Rehabilitation and Compensation Act 2004, removes the need for providers of certain rehabilitation appliances to obtain the Military Rehabilitation and Compensation Commission's prior approval before providing the appliance to an entitled person, enables an entitled person to participate in the Co-ordinated Veterans' Care program despite the person participating in a Community Aged Care package, and lengthens the legislative basis for certain payments under the Co-ordinated Veterans' Care program in light of Williams v Commonwealth (Chaplaincy case).
Administered by: Veterans' Affairs
Registered 03 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013
Date of repeal 04 Dec 2012
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

 

Australian Government

Military Rehabilitation and Compensation Act 2004

MRCA Treatment Principles (Removal of Prior Approval/New Dental Providers/Coordinated Care Adjustment) Instrument 2012

 

Instrument 2012 No. MRCC 28

 

 

I, Warren Snowdon, 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  26th                       day of    November                2012

Warren Snowdon………………………………………………

WARREN SNOWDON

 

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 Schedule.

Dated this      2nd                       day of         Nov                           2012

 

The Seal of the                                                )

Military Rehabilitation                                    )

and Compensation Commission                   ) SEAL

was affixed hereto in the                                )

presence of:                                                     )

Ian Campbell                Shane Carmody        Major General Gerard Fogarty

………………………………………………………………………………………....

IAN CAMPBELL              SHANE CARMODY       Major General GERARD FOGARTY

        PSM                                                                                                         AM

     CHAIR                                     MEMBER                                           MEMBER

 

 

[1]     Name of Instrument

This instrument is the MRCA Treatment Principles (Removal of Prior Approval/New Dental Providers/Coordinated Care Adjustment) Instrument 2012.

 

[2]     Commencement

 

This instrument commences, or is taken to have commenced, on 31 August 2012.


 

                                Schedule

 

1.      Paragraph 1.4.1

 

insert:

 

dental hygienist means a person registered under the National Law that provides for the registration of dental practitioners but does not include a person:

(a) whose registration to practise as a dental hygienist has been suspended, or cancelled, following an inquiry relating to his or her conduct; and

 

(b) who has not, after that suspension or cancellation, again been authorised to practise as a dental hygienist.

dental therapist means a person registered under the National Law that provides for the registration of dental practitioners but does not include a person:

(a) whose registration to practise as a dental therapist has been suspended, or cancelled, following an inquiry relating to his or her conduct; and

(b) who has not, after that suspension or cancellation, again been authorised to practise as a dental therapist.

 

National Lawmeans a law of the Commonwealth, a State, or Territory, enacted pursuant to the Intergovernmental Agreement for a National Registration and Accreditation Scheme for the Health Professions made on 26 March 2008:

 

http://www.ahwo.gov.au/documents/National%20Registration%20and%20Accreditation/NATREG%20-%20Intergovernmental%20Agreement.pdf

 

 

Notes for Providersmeans a DVA document approved by the Secretary to the Department, or by the Repatriation Commission or the Commission, or a member of either Commission, with the word ‘Notes’ in its title, and in force on the date in Schedule 1, that sets out the terms on which, and the conditions subject to which, a health care provider is to provide treatment to an entitled person in order for the Commission to accept financial responsibility for that treatment.

oral health therapistmeans a person registered under the National Law that provides for the registration of dental practitioners but does not include a person:

(a) whose registration to practice as an oral health therapist has been suspended, or cancelled, following an inquiry relating to his or her conduct: and

(b) who has not, after that suspension or cancellation, again been authorised to practice as an oral health therapist.

Note: oral health therapists are practitioners who are dually qualified as dental therapists and dental hygienists.

 

2.      Paragraph 3.2.1(a)

 

omit.

 

3.      Paragraph 3.2.1(f)(the Note)

 

omit:

 

paragraph 9.1.8

 

substitute:

 

paragraph 9.1.9

 

4.      Paragraph 3.2.1(n)

 

omit:

 

in Part 5

 

substitute:

 

in Part 5 or in a DVA document incorporated into the Principles

 

5.      Paragraphs 3.2.1(u) and (v)

 

omit.

 

6.      Paragraph 3.2.1(z)

 

substitute:

 

(z)        psychiatric inpatient care or psychiatric day patient program care;

 

(za)      treatment specified in any Notes for Providers (however described) and in any Fee Schedule as requiring prior approval.

 

7.      Paragraphs 3.3.2(c) and (d)

 

omit:

 

in Part 5

 

substitute:

 

in Part 5 or in a DVA document incorporated into the Principles

 

8.      Paragraph 3.3.2(o)

 

omit:

 

, except where otherwise indicated in principle 7.7

 

9.      Paragraph 3.5.1(1)(b)

 

after:

 

(Local Dental Officer)

 

insert:

 

, including for dental services provided by a dental hygienist, dental therapist or oral health therapist on behalf of the dentist

 

10.    Paragraph 3.5.1(1)(d)

 

after (first occurring):

 

dental specialist

 

insert:

 

, including for dental services provided by a dental hygienist, dental therapist or oral health therapist on behalf of the dental specialist

 

11.    Paragraph 4.6

 

omit.

 

12.    Paragraph 4.7.1

 

omit:

 

principle 4.6 and paragraph 4.7.3

 

substitute:

 

paragraph 4.7.3 and the MRCA Private Patient Principles 2004

 

13.    Paragraph 4.8.1(a) and the Note

 

after:

 

with the exception of

 

insert:

 

elective surgery in a public hospital,

 

omit the Note.

 

14.    Paragraph 5.1.1

 

after the paragraph, insert:

 

5.1.1A For paragraph 5.1.1, dental treatment provided by a dentist or dental specialist includes dental treatment provided by a dental hygienist, dental therapist or oral health therapist on behalf of the dentist or dental specialist, as the case may be.

 

15.    Paragraph 5.4.1

 

omit:

 

but the Commission’s

 

substitute:

 

but if prior approval is required for the treatment then the Commission’s

 

16.    Paragraph 6A.4.6

 

after the paragraph, insert:

 

6A.4A         Arrangements with Service Providers

 

6A.4A.1      For the purpose of facilitating the provision of Coordinated Veterans' Care Program treatment to entitled persons, the Commission or the Department may enter into an arrangement with a person to:

 

(a) assist in identification of possible participants in the Coordinated Veterans' Care Program and provide general support to the Commission or Department in respect of the program including:

 

(i) data analysis to identify and notify potential participants and their usual LMO or medical practitioner;

(ii) undertaking ongoing analysis and reporting to support program evaluation and monitoring;

(iii) promoting the program and providing supplementary support materials for LMOs and participants in the Program; or

 

(b) deliver training modules and resources in Chronic Disease Management to LMOs, medical practitioners, Practice Nurses and Community Nurses; or

 

(c) undertake ongoing and independent monitoring and evaluation of the Coordinated Veterans' Care Program Program.

 

17.    Paragraph 6A.6.1(c)(iii)

 

substitute:

 

(iii) “Transition Care”;

 

18.    Paragraph 6A.6.1(c)(iv)

 

omit.

 

19.    Paragraph 6A.6.1(c)

 

omit:

 

(i) –(iv)

 

substitute:

 

(i) – (iii)

 

20.    Paragraph 7.1.1

 

substitute:

 

7.1.1  Except where provided in:

 

(1)     the Principles;

(2)     the Notes for Allied Health Providers; or

(3)     a Fee Schedule;

 

the Commission’s prior approval for a treatment under this Part is not required.

 

21.    Schedule 1

 

substitute:

 

 

SCHEDULE 1 DATES FOR INCORPORATED DOCUMENTS

 

 

The date for :

 

          1.       Notes for Local Medical Officers (paragraph 1.4.1);

 

2.       Department of Veterans’ Affairs Fee Schedules for Medical Services (paragraph 3.5.1);

 

3.       Notes for Allied Health Providers (paragraphs 3.5.1 and 7.1A.1);

 

4.       Optometrist Fees for Consultation (paragraph 3.5.1);

 

5.       DVA Schedule of Fees Orthoptists (paragraph 3.5.1);

 

6.       Pricing Schedule for visual aids (paragraph 3.5.1);

 

7.       The fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (commonly known as DSM-IV) (paragraph 2.4.2A);

         

8.       Fee Schedule of Dental Services for Dentists and Dental Specialists (paragraph 3.5.1);

 

9.       Fee Schedule of Dental Services for Dental Prosthetists (paragraph 3.5.1);

 

          10.     Chiropractors Schedule of Fees (paragraph 3.5.1);

 

11.     Diabetes Educators Schedule of Fees (paragraph 3.5.1);

 

12.     Dietitians Schedule of Fees (paragraph 3.5.1);

 

13.     Exercise Physiologists Schedule of Fees (paragraph 3.5.1);

 

14.     Occupational Therapists Schedule of Fees (paragraph 3.5.1);

 

15.     Osteopaths Schedule of Fees (paragraph 3.5.1);

 

16.     Physiotherapists Schedule of Fees (paragraph 3.5.1);

 

17.     Psychologists Schedule of Fees (paragraph 3.5.1);

 

18.     Podiatrists Schedule of Fees (paragraph 3.5.1);

 

19.     Social Workers Schedule of Fees (paragraph 3.5.1);

 

20.     Clinical Counsellors Schedule of Fees (paragraph 3.5.1);

 

21.     Speech Pathologists Schedule of Fees (paragraph 3.5.1);

 

22.     Australian Government Department of Veterans’ Affairs      Classification System and Schedule of Item Numbers and Fees — Community Nursing Services;

 

23.     Notes for Coordinated Veterans' Care Program Providers;

 

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

 

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

 

is 31 August 2012.

 

22.    The MRCA Treatment Principles

 

ensure for provisions that numerals and letters run, respectively, in chronological and alphabetical order.