Federal Register of Legislation - Australian Government

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Rules/Other as amended, taking into account amendments up to Private Health Insurance (Reforms) Amendment Rules 2018
Administered by: Health
Registered 01 Apr 2019
Start Date 01 Apr 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Private Health Insurance (Lifetime Health Cover) Rules 2017

made under item 2 of the table in section 333-20 of the

Private Health Insurance Act 2007

Compilation No. 1

Compilation date:                           1 April 2019

Includes amendments up to:         F2018L01414

Registered:                                      1 April 2019

 

About this compilation

This compilation

This is a compilation of the Private Health Insurance (Lifetime Health Cover) Rules 2017 that shows the text of the law as amended and in force on 1 April 2019 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  



Part 1  Preliminary

1.    Name of Rules

These Rules are the Private Health Insurance (Lifetime Health Cover) Rules 2017.

3.    Authority

This Rule is made under item 2 of the table in section 333-20 of the Private Health Insurance Act 2007.

4.    Schedule

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5.    Definitions

Note:         Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislation Act 2003. These terms include:

                   adult
hospital cover
lifetime health cover base day
private health insurer

In these Rules:

Act means the Private Health Insurance Act 2007.

joint policy holder means an adult who is covered under hospital cover that covers more than one adult.


Part 2        General

6.    Adults taken to have hospital cover

An adult is taken to have hospital cover for the purposes of paragraph 34‑15 (2) (c) of the Act if, at the time, the adult is in one of the following classes:

(a)     adults whose health services are provided by or through the Australian Antarctic Division of the Department of Environment and Energy; or

(b)     adults who are members of the Australian Defence Force on continuous full-time service and whose health services are provided by or through the Australian Defence Force; or

(c)     adults who are dependants of a member mentioned in paragraph (b) and whose health services are also provided by or through the Australian Defence Force.

7.    Permitted days―suspended hospital cover

1)    For paragraph 34-20 (1) (a) of the Act, if the rules of a private health insurer provide for suspension of hospital cover for a policy holder, suspension may be granted by the insurer concerned on the request of the policy holder.

2)    If an adult obtains hospital cover from a private health insurer (the new private health insurer) at a time when the person has suspended hospital cover granted by another private health insurer, the new private health insurer must recognise, for the purposes of the Act, that the person has existing hospital cover.

3)    Subrule (2) does not apply to hospital cover that has been suspended for a continuous period of more than 2 years.


Part 3  Administrative matters

8.    Providing information to policy holders

1)    For the purposes of paragraph 40 (1) (a) of the Act, the following requirements are specified:

(a)     the insurer must provide information about increases under Part 2-3 in the amounts of premiums payable for the policy holder’s hospital cover in respect of the policy holder, if requested by the policy holder;

(b)     the insurer must provide the following information to a policy holder affected by section 34-1 or section 34-5 of the Act, if requested by the policy holder:

(i)           the amount by which the policy holder’s premiums payable for hospital cover are increased as a result of the operation of those sections;

(ii)          the private health insurer’s record of the number of days the policy holder has not had hospital cover since his or her lifetime health cover base day, other than days to which paragraph 34-20 (1) (a) of the Act applies.

Note:         Paragraph 34-20 (1) (a) of the Act deals with permitted days without hospital cover.

2)    Information provided in accordance with this rule may be provided:

(a)     in the form of a record based on an age notionally attributed to the policy holder as the age from which the policy holder will be treated as having had continuous hospital cover; and

(b)     as a notice, or included with other information, sent to the policy holder.

Note:         The information may be included in a statement issued in accordance with the Private Health Insurance (Incentives) Rules 2012.

3)    The information required to be provided by subrule 8 (1) must:

(a)     be provided:

(i)           by post; or

(ii)          if the policy holder has requested that the information be provided in another manner—if reasonably practicable, in the manner requested by the policy holder; and

(b)     in the case of joint policy holders, set out the details applying to the joint policy holder making the request; and

(c)     be provided to the policy holder within 14 days of receipt of the request.

Example: For subparagraph (a) (ii), if requested by the policy holder, the information may be provided in an electronic format, including via a web page.

9.    Providing information to adults inquiring about cover

1)    For paragraph 40-1(1) (b) of the Act, the requirements for providing information to an adult who applies for, or inquires about, taking out hospital cover are to provide information on:

(a)     the effect of section 34-1 of the Act on premiums payable under the rules of the private health insurer by an adult who is late in taking out hospital cover; and

(b)     the effect of section 34-5 of the Act in respect of premiums payable under the rules of the insurer by a person who ceases, for any period, to have hospital cover.

2)    In this rule, late in taking out hospital cover means where an adult did not have hospital cover on his or her lifetime health cover base day.

10.  Information being provided by one private health insurer to another

1)    For subsection 40-1(2) of the Act, a private health insurer may provide information about increases applying under Part 2-3 of the Act to another insurer only if, where the information is about a particular policy holder or former policy holder, the adult gives permission for disclosure of the information.

2)    Information provided in accordance with this rule may be provided in the form of a record based on an age notionally attributed to the policy holder as the age from which the policy holder will be treated as having had continuous hospital cover.

11.  Evidence of having had hospital cover, or of a person's age

1)    For paragraph 40-5(a) of the Act, a private health insurer must accept the following kinds of evidence as conclusive evidence of a person having had hospital cover at a particular time or during a particular period:

(a)     the annual statement issued to, or on behalf of, the person by the private health insurer (if any) providing the cover at the particular period;

(b)     a determination referred to in section 37-10 of the Act in respect of the person, if the date to which the determination applies is the particular time or is included in the particular period;

(c)     a written statement issued by the Australian Antarctic Division of the Department of Environment and Energy, that the person had health services provided by or through the Australian Antarctic Division at the particular time or during the particular period;

(d)     a written statement issued by the Australian Defence Force that the person had health services provided by or through the Australian Defence Force at the particular time or during the particular period.

2)    For paragraph 40‑5 (b) of the Act, a private health insurer must accept the following kinds of evidence as conclusive evidence of a person’s age for the purposes of Part 2-3 of the Act:

(a)     an original birth certificate in respect of the person;

(b)     a current driver’s licence issued to the person;

(c)     a current passport issued to the person.

3)    A private health insurer may accept other evidence if a document of a kind mentioned in subrule (1) or (2) is not available to be given as evidence.


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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

Private Health Insurance (Lifetime Health Cover) Rules 2017

30 Mar 2017 (F2017L00354)

1 Apr 2017 (r 2)

 

Private Health Insurance (Reforms) Amendment Rules 2018

11 Oct 2018 (F2018L01414)

Sch 6 (items 7, 8):1 Apr 2019 (s 2(1) item 10)

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

r 2.............................................

rep LA s 48D

Part 3

 

r 8.............................................

am F2018L01414

Schedule 1................................

rep LA s 48C