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Determinations/Health as amended, taking into account amendments up to Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017
This determination introduces an interim Medicare Benefit Schedule item to the General Medical Services Table for the implantation of minimally invasive glaucoma surgery devices when performed at the same time as cataract surgery.
Administered by: Health
Registered 08 Feb 2018
Start Date 12 Dec 2017
End Date 30 Jun 2018
To be repealed 01 Nov 2018
Repealed by Health Insurance (Section 3C General Medical Services – MIGS Stent Implantation) Determination 2018
Table of contents.

 

Commonwealth Coat of Arms

Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017

made under subsection 3C(1) of the

Health Insurance Act 1973

Compilation No. 1               

Compilation date:                              12 December 2017

Includes amendments up to:            Health Insurance (Section 3C General                                                                       Medical Services—Cataract) Amendment                                                                 Determination (No. 2) 2017

 

About this compilation

 

This compilation

This is a compilation of the Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017 that shows the text of the law as amended and in force on
12 December 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  



1.            Name of Determination

This Determination is the Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017.

2.            Commencement

This Determination is taken to:

(a)                    have commenced on 1 May 2017; and

(b)                   is repealed at the end of 31 December 2018.

3.            Authority

This Determination is made under subsection 3C(1) of the Health Insurance Act 1973.

4.            Definitions

(1)          In this Determination:

Act means the Health Insurance Act 1973.

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

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

Schedule means a Schedule to this Determination.

Note:  The following terms are defined in subsection 3(1) of the Act:

·         clinically relevant service

·         item

·         general medical services table

·         professional service

(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.

5.            Treatment of relevant services

                   For subsection 3C(1) of the Act a relevant service, provided in accordance with this Determination and as a clinically relevant service, 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.

 

6.               Application of provisions of the general medical services table

 

(1)     Clause 1.2.4 of the general medical services table shall have effect as if item 42705 were also specified in subclause 1.2.4(1).

(2)     Clause 1.2.5 of the general medical services table shall have effect as if item 42705 were also specified in subclause 1.2.5(1).

(3)     Clauses 1.2.1 and 2.44.2 of the general medical services table shall have effect as if item 42705 were also specified in the clause.

(4)     An item of the general medical services table mentioned in column 1 of an item of the table shall have effect as if the reference to a medical service or item, as appropriate, in column 2 of the table item included a reference to the health service or item that relates to the health service mentioned in column 3 of the table item.

 

Item

Column 1

Item of the general medical services table

Column 2

Reference to service or item

Column 3

Health service or item that relates to the health service

1

42719

item 42698, 42702, 42716, 42725 or 42731

item 42705

2

42731

item 42698, 42702, 42719 or 42725

item 42705

3

42789

item 42702

item 42705

4

45051

service listed in Group T8

health service specified in the Schedule

5

45572

item in Group T8

item 42705

6

51315

item 42698, 42701, 42702, 42704 or 42707

item 42705

 

Schedule 1 – relevant services

 

 

Group T8—Surgical operations

Subgroup 9—Ophthalmology

Item

Service

Fee ($)

42705

Lens extraction and insertion of intraocular lens, excluding surgery performed for the correction of refractive error except for anisometropia greater than 3 dioptres following the removal of cataract in the first eye, performed in association with a trans-trabecular drainage device or devices, in a patient diagnosed with open angle glaucoma who is not adequately responsive to topical anti-glaucoma medications or who is intolerant of anti-glaucoma medication (Anaes.)

760.65

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 


 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Health Insurance (Section 3C General Medical Services—Cataract) Determination 2017

3 May 2017 (see F2017L00497)

1 May 2017

Health Insurance (Section 3C General Medical Services—Cataract) Amendment Determination (No. 2) 2017

11 December 2017 (see F2017L01605)

12 December 2017

 

Endnote 4—Amendment history

 

Provision affected

How affected

Paragraph 2(b)……………...

am. (No.2) 2017