Veterans’ Entitlements (Treatment Principles – Rehabilitation Appliance Program) Amendment Instrument 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00493

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Australian Government
Veterans’ Entitlements Act 1986
Veterans’ Entitlements (Treatment Principles – Rehabilitation Appliance Program) Amendment Instrument 2014
 
Instrument 2014 No.R1
 
 
I, Michael Ronaldson, Minister for Veterans’ Affairs, pursuant to section 90(5) of the Veterans’ Entitlements Act 1986, approve this instrument made by the Repatriation Commission.
Dated this 28                  day of March                        2014
Michael Ronaldson
……………………….............................................
MICHAEL RONALDSON
 
The Repatriation Commission, pursuant to section 90(4) of the Veterans’ Entitlements Act 1986 (the Act), and in accordance with the Schedule, varies the instrument made under section 90(1) of the Act known as the Treatment Principles (2013 No. R52).
Dated this 6th                 day of March                        2014
The Seal of the                                                                     )
Repatriation Commission                                                  )                    SEAL
was affixed hereto in the                                                   )
presence of:                                                                          )
Simon Lewis                         Shane Carmody                             Major General Mark Kelly
……………………………………………………………………………………….
SIMON LEWIS              SHANE CARMODY             Major General Mark Kelly
                                                                                                                 AO DSC
   PRESIDENT              DEPUTY PRESIDENT                        COMMISSIONER
 
 
 
 
Name
 
[1]  This instrument is the Veterans’ Entitlements (Treatment Principles – Rehabilitation Appliance Program) Amendment Instrument 2014.
 
Commencement
 
[2]  This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
 
Transitional
 
[3]  A process in train under the Treatment Principles immediately before the commencement of this instrument (e.g. claim for payment, request for treatment) is to be finalised under the Treatment Principles as if the Treatment Principles had not been varied by this instrument.
 
Schedule
 
1.       Paragraph 1.4.1 (definitions)
 
insert:
 
“assistive communication device” means an object that enhances the ability of a person with complex communication needs to communicate and includes items such as:
 
·        communication books or boards
·        speech generating devices
·        modified personal computers
·        computerised devices, which may include a keyboard and screen display and which may incorporate synthetic speech, memory functions, and word prediction facilities
·        devices commonly known as computer tablets and smart `phones.
 
“speech pathologist”, for the purposes of the Principles, is a person who:
 
(a) has been trained to assess and treat people who have complex communication needs; and
(b) has a provider number (i.e. “registered” with the Department of Human Services); and
(c) is not a disqualified health care provider in the terms mentioned in paragraph 7.1B of the Principles.
 
Note: under paragraph 7.1B a disqualified health care provider is a person whose services would not, under section 19B of the Health Insurance Act 1973, attract a medicare benefit.
 
“Vertical Platform Lift” means a lift installed adjacent to vertical walls, which travels up and down, with the platform finishing flat against the floor, and the user embarking/disembarking onto an even surface.
 
2.       Paragraph 1.4.1 (definition of “in force on the date in Schedule 1”)
 
substitute:
 
“in force on the date in Schedule 1”, in a reference in the Principles to a document, means that the version of the document as it exists on the date in Schedule 1 for the document is the version in the reference.
3.       Paragraph 1.4.1 (definition of “Gold Card”)
 
substitute:
 
“Gold Card” means the identification card provided by the Department to a person who is eligible under the Act for treatment, subject to these Principles, for all injuries or diseases.
 
4.       Paragraph 1.4.1 (definition of “White Card”)
 
substitute:
 
"White Card" means the identification card provided by the Department to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, for one or more of the following conditions:
 
(a)  war-caused injury;
(b)  war-caused disease;
(c)   malignant neoplasia;
(d)  pulmonary tuberculosis;
(e)   post traumatic stress disorder;
(f)    a determined condition (other than an unidentifiable condition);
(g)  a SRCA disability;
 
and also means a written authorisation issued on behalf of the Commission under subparagraph 2.1.1(a)(iii) and provided to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, of the following condition:
 
(h)  unidentifiable condition.
               
                Note: an "unidentifiable condition" is governed by Determination 19/2000.
 
5.       Paragraph 7.6.2
 
substitute:
 
7.6.2  Prior approval is required for podiatry treatment:
 
(a) where those services are to be provided to an entitled person given a high level of residential care in a residential care facility; or
 
(b) where those services are to be provided in a public hospital; or
 
(c) involving providing an Electrodynographic Analysis and Report; or
 
(d) involving delivering services valued at over $60 under the Miscellaneous Items listed in the Deed of Agreement between the Commission and the podiatrist.
 
6.       Paragraph 11.1.4
 
omit:
 
but should not be an item that is customarily used for domestic purposes and would be used merely for such a purpose by the entitled person.
 
substitute:
 
and likely to facilitate the independence and/or self-reliance of the entitled person based on an assessment of clinical need by an appropriately qualified health professional.
 
7.       Paragraph 11.3.1
 
omit:
 
appliances
 
substitute:
 
aids or appliances
 
8.       Paragraph 11.3.1 (b)
 
substitute:
 
(b)   the supply of a guide dog, including the reasonable costs associated with keeping the dog;
 
9.       Paragraph 11.3.1(c)
 
substitute:
 
(c)    the supply of special vehicle driving controls and devices, if the veteran owns the vehicle and is licensed under relevant State or Territory law to drive a modified vehicle;
 
(d)   a Vertical Platform Lift.
 
Note: an example of a Vertical Platform Lift may be seen at:
http://www.prking.com.au/pdf/VerticalWC-Shaftway.pdf
 
10.     Paragraph 11.3.2
 
omit, substitute:
 
Assistive Communication Devices
 
11.3.2                   Subject to paragraph 11.1.3 (clinical need, cost effective etc), the Commission may accept financial responsibility for the provision to an entitled person of an assistive communication device.
 
11.3.3                   Where the assistive communication device is a computer tablet or smart `phone, the Commission may only accept financial responsibility for the device if:
 
(a) the entitled person has been clinically assessed by a speech pathologist as having complex communication needs that would be significantly met by a computer tablet or smart `phone; and
 
(b) in the case of a smart `phone — the entitled person’s communication needs:
 
(i) could not be reasonably satisfied by the provision of a computer tablet; or
 
(ii) are not being reasonably satisfied by the use of a computer tablet; and
 
(c) the computer tablet or smart `phone has been preloaded with a speech pathology application; and
 
(d) the entitled person is:
 
(i) a Gold Card holder; or
(ii) a White Card holder whose communication needs are war-caused or arise from a determined condition (other than a determined residential care condition); and
 
(e) the Commission considers all relevant guidelines in relation to the provision of an assistive communication device that is a computer tablet or a `smart phone as set out in the RAP National Schedule of Equipment and the Rehabilitation Appliances Program (RAP) National Guidelines.
 
Note 1: the repair and replacement of rehabilitation appliances is covered by Treatment Principle 11.7.
 
Note 2: the holder of a Gold Card is a veteran, or dependant of a veteran, eligible under the Act for treatment for any injury suffered, or disease contracted.
 
Note 3: the holder of a White Card is a veteran eligible under the Act for treatment for a war-caused injury or war-caused disease or for a determined condition.
 
Note 4: “dependant” is defined in s.11 of the Act; and eligibility of dependants for treatment is set out in s.86 of the Act.
 
11.     Paragraph 11.3.3
 
omit.
 
12.     Paragraph 11.3.4
 
omit.
 
13.     Paragraph 11.6.3
 
omit.
 
14.     Schedule 1
 
substitute:
 
SCHEDULE 1 DATES FOR INCORPORATED DOCUMENTS
 
 
The date for :
 
          1.       Notes for Local Medical Officers (paragraph 1.4.1);
 
2.       Department of Veterans’ Affairs Fee Schedules for Medical Services (paragraph 3.5.1);
 
3.       Notes for Allied Health Providers (paragraphs 3.5.1 and 7.1A.1);
 
4.       Optometrist Fees for Consultation (paragraph 3.5.1);
 
5.       DVA Schedule of Fees Orthoptists (paragraph 3.5.1);
 
6.       Pricing Schedule for visual aids (paragraph 3.5.1);
 
7.       The fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (commonly known as DSM-V) (paragraph 2.4.2A);
         
8.       Fee Schedule of Dental Services for Dentists and Dental Specialists (paragraph 3.5.1);
 
9.       Fee Schedule of Dental Services for Dental Prosthetists (paragraph 3.5.1);
 
          10.     Chiropractors Schedule of Fees (paragraph 3.5.1);
 
11.     Diabetes Educators Schedule of Fees (paragraph 3.5.1);
 
12.     Dietitians Schedule of Fees (paragraph 3.5.1);
 
13.     Exercise Physiologists Schedule of Fees (paragraph 3.5.1);
 
14.     Occupational Therapists Schedule of Fees (paragraph 3.5.1);
 
15.     Osteopaths Schedule of Fees (paragraph 3.5.1);
 
16.     Physiotherapists Schedule of Fees (paragraph 3.5.1);
 
17.     Psychologists Schedule of Fees (paragraph 3.5.1);
 
18.     Podiatrists Schedule of Fees (paragraph 3.5.1);
 
19.     Social Workers Schedule of Fees (paragraph 3.5.1);
 
20.     Clinical Counsellors Schedule of Fees (paragraph 3.5.1);
 
21.     Speech Pathologists Schedule of Fees (paragraph 3.5.1);
 
22.     Australian Government Department of Veterans’ Affairs Classification System and Schedule of Item Numbers and Fees — Community Nursing Services (paragraph 6A.4.2(b));
 
23.     Notes for Coordinated Veterans' Care Program Providers (Part 6A);
 
24.     Rehabilitation Appliances Program (RAP) National Guidelines (paragraph 11.2A.1);
 
25.     RAP National Schedule of Equipment (paragraph 11.2A.1);
 
26.     Veterans and Veterans Families Counselling Services (VVCS) Outreach Program Counsellors (OPC) Provider Notes (paragraph 1.4.1 and 7.1A.1);
 
27.     Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellors (OPC) Schedule of Fees (paragraph 3.5.1);
 
28.     General information about VVCS – Veterans and Veterans   Families Counselling Service (paragraph 1.4.1);
 
29.     Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative
 
http://www.health.gov.au/internet/mentalhealth/publishing.nsf/Content/better-access-through-mbs-1;
 
is 1 April 2014.