Health Insurance (Section 3C Diagnostic Imaging – Nuclear Medicine Services) Determination 2019
__________________________________________________________________

I, David Weiss, delegate of the Minister for Health, make the following determination. 

Dated 14 September 2019

Contents

1.               Name  3

2.               Commencement 3

3.               Authority  3

4.               Definitions  3

5.               Treatment of relevant services  4

6.               Application of Items in Schedule 1  4

Schedule 1 – relevant services  5

1.            Name

This instrument is the Health Insurance (Section 3C Diagnostic Imaging – Nuclear Medicine Services) Determination 2019.

2.            Commencement

(1)        Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)        Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3.            Authority     

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

4.            Definitions

(1)               In this instrument:

Act means the Health Insurance Act 1973.

PET means positron emission tomography.

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 the Schedule.

Schedule means the Schedule to this instrument.

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

·         clinically relevant service

·         diagnostic imaging services table

·         item

·         professional service

 (2)       Unless the contrary intention appears, a reference in this instrument 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 instrument and as a clinically relevant service, is to be treated, for the relevant provisions of the Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if:

(a)                    it were both a professional service and a medical service; and

(b)                   there were an item in the diagnostic imaging 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 Items in Schedule 1

(1)               Clause 2.4.1 of the diagnostic imaging services table shall have effect as if item 61333 in Schedule 1 of this instrument were specified in that clause.

(2)               Paragraphs 2.4.1(b) and (c) of the diagnostic imaging services table shall have effect as if items in Schedule 1 (other than item 61333) of this instrument were specified for the purpose of those paragraphs.

Schedule 1 – relevant services