Federal Register of Legislation - Australian Government

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Determinations/Health as made
This determination introduces two new items, holmium laser enucleation of the prostate and opthalmic B(brightness)- scan, to the Medicare Benefits Schedule.
Administered by: Health
Made 25 Feb 2013
Registered 28 Feb 2013
Tabled HR 12 Mar 2013
Tabled Senate 12 Mar 2013
Date of repeal 01 May 2013
Repealed by Self Repealing
Table of contents.

Health Insurance (B-Scan Ultrasonography and Holmium:YAG Laser Enucleation of the Prostate) Determination 20131

 

I, RICHARD BARTLETT, delegate of the Minister for Health, make this Determination under subsection 3C(1) of the Health Insurance Act 1973.

Dated          25   February 2013

 



 

 

________________________________

 

RICHARD BARTLETT

FIRST ASSISTANT SECRETARY

MEDICAL BENEFITS DIVISION

DEPARTMENT OF HEALTH AND AGEING

 


Contents

 

1.               Name of Determination                                                                             3

2.               Commencement                                                                                       3

3.               Cessation                                                                                                3

4.               Revocation                                                                                              3

5.               Interpretation                                                                                           3

6.               Treatment of a relevant service                                                                   3

7.               Application of specified provisions of the general medical services table             4

SCHEDULE – SPECIFIED HEALTH SERVICES                                                                    5

 

 


1.                       Name of Determination

This Determination is the Health Insurance (B-Scan Ultrasonography and Holmium:YAG Laser Enucleation of the Prostate) Determination 2013.

2.                       Commencement

This Determination commences as follows:

(a)            sections 1 - 3 and 5 - 7 and the Schedule  – 1 March 2013; and

(b)            section 4 – midnight 30 April 2013.

3.                       Cessation

This Determination ceases to have effect as if repealed at 12:01 am on 1 May 2013, unless earlier revoked.

4.                       Revocation

This Determination revokes the Health Insurance (Endovenous Laser Therapy) Determination 2012 (No. 2).

5.                       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, in this Determination a reference to a provision of the Act or regulations made under the Act or the National Health Act 1953 or regulations made 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.

6.                       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 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.

7.                       Application of specified provisions of the general medical services table

(1)    Subclause 1.2.8(1) and clause 2.34.3 of the general medical services table shall have effect as if item 11244 were also specified in those provisions.

(2)    Subclauses 1.2.4(1) and 1.2.5(1) of the general medical services table shall have effect as if item 37245 were also specified in those provisions.

(3)    Clause 1.2.1 of the general medical services table shall have effect as if items 11244 and 37245 were also specified in that provision.

SCHEDULE – SPECIFIED HEALTH SERVICES

New

Items

Health Service

Fee for all States

11244

 

ORBITAL CONTENTS, diagnostic B-scan of, by a specialist practising in his or her specialty of ophthalmology, not being a service associated with a service to which an item in Group I1 of the diagnostic imaging services table applies.

 

$77.00

37245

PROSTATE, endoscopic enucleation of, using high powered Holmium:YAG laser and an end-firing, non-contact fibre, with or without tissue morcellation, with or without cystoscopy and with or without urethroscopy, for the treatment of benign prostatic hyperplasia, other than a service associated with a service to which item 36854, 37201, 37202, 37203, 37206, 37207, 37208, 37303, 37321 or 37324 applies. (H) (Anaes.)

$1,262.15

 

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

 

Note

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