Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Determination 2022
made under subsection 3C(1) of the
Health Insurance Act 1973
Compilation No. 2
Compilation date: 5 June 2023
Includes amendments up to: F2023L00703
Registered: 27 June 2023
About this compilation
This compilation
This is a compilation of the Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Determination 2022 that shows the text of the law as amended and in force on 5 June 2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Treatment of relevant services....................................................................................... 1
6............ Application of provisions of the diagnostic imaging services table............................... 2
7............ Restriction on items – services connected with provision of PET nuclear scanning during thallous chloride 201 (T1‑201) interruptions.................................................................................................................. 2
8............ Schedules...................................................................................................................... 2
Schedule 1 – Relevant Services 3
Endnotes 4
Endnote 1—About the endnotes 4
Endnote 2—Abbreviation key 5
Endnote 3—Legislation history 6
Endnote 4—Amendment history 7
1. Name
This instrument is the Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Determination 2022.
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 a Schedule.
Schedule means a 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, as if:
(a) it were both a professional service and a diagnostic imaging 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 provisions of the diagnostic imaging services table
(1) Paragraphs 2.4.1(b) and (c) of the diagnostic imaging services table shall have effect as if items in Schedule 1 of this instrument were specified for the purpose of those paragraphs.
(2) Clause 2.4.2 of the diagnostic imaging services table shall have effect as if the items in Schedule 1 of this instrument were specified in subclause 2.4.2(1).
7. Restriction on items – services connected with provision of PET nuclear scanning during thallous chloride 201 (T1‑201) interruptions
(1) Item 61644 only applies to a service described in the item, if:
(a) the patient’s clinical condition requires the service to be performed before the resumption of normal thallous chloride 201 (T1‑201) supply is anticipated by the practitioner who provides the service; and
(b) the report of the service performed includes a justification for the substitute service, which describes the unavailability of a service to which item 61325 applies.
8. Schedules
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.
Schedule 1 – Relevant Services
| Group I4—Nuclear medicine imaging |
| Column 1 Item | Column 2 Description | Column 3 Fee ($) |
| Subgroup 2—PET |
| 61644 | Single rest myocardial perfusion study for the assessment of the extent and severity of non‑viable myocardium, with PET, if: a) the service is performed because the service to which item 61325 applies cannot be performed due to unavailability of thallous chloride 201 (Tl‑201); and b) the patient has left ventricular systolic dysfunction and probable or confirmed coronary artery disease; and c) the service is performed in conjunction with a rest myocardial perfusion study using technetium‑99m; and d) the service is requested by a specialist or a consultant physician; and e) the service is not associated with a service to which item 11704, 11705, 11707, 11714, 11729 or 11730 applies; and f) this service and item 61325 are applicable only twice each 24 months (R) | 329.00 |
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 Diagnostic Imaging – Additional Nuclear Medicine Services) Determination 2022 | 31 Mar 2022 (F2022L00461) | 1 Apr 2022 (s 2(1) item 1) | |
| Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Amendment (Extension of Access) Determination 2022 | 16 Sept 2022 (F2022L01219) | 1 Oct 2022 (s 2(1) item 1) | — |
| Health Insurance (Section 3C Diagnostic Imaging – Additional Nuclear Medicine Services) Amendment Determination 2023 | 5 June 2023 (F2023L00703) | 5 June 2023 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2............................................. | rep LA s 48D |
| s 7............................................. | rs F2023L00703 |
| s 8............................................. | ad F2023L00703 |
| Schedule 2................................ | am F2022L01219 |
| | rep F2023L00703 |