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Determinations/Health as amended, taking into account amendments up to Health Insurance (Section 3C General Medical Services – Medicare Indexation) Amendment Determination 2019
Administered by: Health
Registered 29 Jul 2019
Start Date 01 Jul 2019

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Health Insurance (Section 3C General Medical Services – Transcatheter Aortic Valve Implantation) Determination 2018

made under subsection 3C(1) of the

Health Insurance Act 1973

Compilation No. 1

Compilation date:                           1 July 2019

Includes amendments up to:         F2019L00605

Registered:                                      29 July 2019

 

About this compilation

This compilation

This is a compilation of the Health Insurance (Section 3C General Medical Services – Transcatheter Aortic Valve Implantation) Determination 2018 that shows the text of the law as amended and in force on 1 July 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  

 


Contents

 

1.             Name                                                                                                      1

2.             Commencement                                                                                    1

3.             Authority                                                                                                 1

4.             Repeal                                                                                                    1

5.             Definitions                                                                                               1

6.             Treatment of relevant services                                                              3

7.             Application of item 38495                                                                       3

Schedule 1 – relevant services                                                                           4

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

 


1.            Name

This Determination is the Health Insurance (Section 3C General Medical Services –Transcatheter Aortic Valve Implantation) Determination 2018.

2.            Commencement

This Determination commences on 1 January 2019.

3.            Authority

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

4.            Repeal

The Health Insurance (Section 3C General Medical Services – Transcatheter Aortic Valve Implantation) Determination 2017 is repealed.

5.            Definitions

(1)     In this Determination:

Act means the Health Insurance Act 1973.

Attendance means undertaking all of the following activities in relation to a TAVI Case Conference:

(a)                    retaining a record of the day the conference was held, and the times the conference started and ended;

(b)                   retaining a record of the names of the participants;

(c)                    provision of expertise to inform the recommendation resulting from the case conference;

(d)                   retaining a record of the recommendation resulting from the conference.

Coordination means undertaking all of the following activities in relation to a TAVI Case Conference:

(a)                    ensuring that the patient is aware of the purpose and nature of the patient’s TAVI Case Conference and has consented to their TAVI Case Conference;

(b)                   recording the day the conference was held, and the times the conference started and ended;

(c)                    recording the names of the participants of the conference;

(d)                   provision of expertise to inform the recommendation resulting from  the case conference;

(e)                    recording minutes of the TAVI Case Conference including the recommendation resulting from the conference;

(f)                    ensuring that the patient is aware of the recommendation.

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.

TAVI means Transcatheter Aortic Valve Implantation.

TAVI Case Conference means a process by which:

(a)                    there is a team of 3 or more participants, where:

(i)                      the first participant is a cardiothoracic surgeon; and

(ii)                    the second participant is an interventional cardiologist; and

(iii)                  the third participant is a specialist or consultant physician who does not perform a service described in Item 38495 for the patient being assessed; and

(iv)                  either the first or the second participant is also a TAVI Practitioner; and

(b)                   the team assesses a patient’s risk and technical suitability to receive the service described in Item 38495, taking into account matters such as:

(i)                      the patient’s risk and technical suitability for a surgical aortic valve replacement; and

(ii)                    the patient’s cognitive function and frailty; and

(c)                    the result of the assessment is that the team makes a recommendation about whether or not the patient is suitable to receive the service described in Item 38495;  and

(d)                   the particulars of the assessment and recommendation are recorded in writing.

TAVI Hospital means a hospital, as defined by subsection 121-5(5) of the Private Health Insurance Act 2007, that is clinically accepted as being a suitable hospital in which  the service described in Item 38495 may be performed.

TAVI Patient means a patient who, as a result of a TAVI Case Conference, has been assessed as having an unacceptably high risk for surgical aortic valve replacement and is recommended as being suitable to receive the service described in item 38495.

TAVI Practitioner means a cardiothoracic surgeon or interventional cardiologist who is accredited by the Cardiac Accreditation Services Limited.

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

·         clinically relevant service

·         general medical services table

·         item

·         practitioner

·         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.

6.            Treatment of relevant services

                   For subsection 3C(1) of the Act a relevant service specified in Schedule 1 to this Determination, 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.

7.            Application of item 38495

 

Medicare benefit is not payable if the service described in item 38495 is provided at the same time as, or in connection with, the provision of a pain pump for postsurgical pain management.

 


Schedule 1 – relevant services

 

 

Group A33 – Transcatheter Aortic Valve Implantation Case Conference

Item

Service

Fee ($)

6080

Coordination of a TAVI Case Conference by a TAVI Practitioner where the TAVI Case Conference has a duration of 10 minutes or more.

(Not payable more than once per patient in a five year period.)

51.70

6081

Attendance at a TAVI Case Conference by a specialist or consultant physician who does not also perform the service described in item 6080 for the same case conference where the TAVI Case Conference has a duration of 10 minutes or more.

(Not payable more than twice per patient in a five year period.)

38.55

 

Group T8 – Surgical Operations

Subgroup 6 – Cardio-Thoracic

Item

Service

Fee ($)

38495

TAVI, for the treatment of symptomatic severe aortic stenosis, performed via transfemoral delivery, unless transfemoral delivery is contraindicated or not feasible, in a TAVI Hospital on a TAVI Patient by a TAVI Practitioner – includes all intraoperative diagnostic imaging that the TAVI Practitioner performs upon the TAVI Patient.

(Anaes.) (Assist.)

(Not payable more than once per patient in a five year period.)

          1,455.10

 


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

Health Insurance (Section 3C General Medical Services – Transcatheter Aortic Valve Implantation) Determination 2018

6 Dec 2018 (F2018L01670)

1 Jan 2019 (s 2)

 

Health Insurance (Section 3C General Medical Services – Medicare Indexation) Amendment Determination 2019

11 Apr 2019 (F2019L00605)

Sch 1 (items 19–21): 1 July 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1

 

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

am F2019L00605