Health Insurance (B-Scan Ultrasonography and Holmium: YAG Laser Enucleation of the Prostate) Determination 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L00350

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Health Insurance (B-Scan Ultrasonography and Holmium:YAG Laser Enucleation of the Prostate) Determination 20131
 
I, RICHARD BARTLETT, delegate of the Minister for Health, make this Determination under subsection 3C(1) of the Health Insurance Act 1973.
Dated          25   February 2013
 
 
 
________________________________
 
RICHARD BARTLETT
FIRST ASSISTANT SECRETARY
MEDICAL BENEFITS DIVISION
DEPARTMENT OF HEALTH AND AGEING
 
Contents
 
1.               Name of Determination                                                                             3
2.               Commencement                                                                                       3
3.               Cessation                                                                                                3
4.               Revocation                                                                                              3
5.               Interpretation                                                                                           3
6.               Treatment of a relevant service                                                                   3
7.               Application of specified provisions of the general medical services table             4
SCHEDULE – SPECIFIED HEALTH SERVICES                                                                    5
 
 

1.                       Name of Determination
This Determination is the Health Insurance (B-Scan Ultrasonography and Holmium:YAG Laser Enucleation of the Prostate) Determination 2013.
2.                       Commencement
This Determination commences as follows:
(a)            sections 1 - 3 and 5 - 7 and the Schedule  – 1 March 2013; and
(b)            section 4 – midnight 30 April 2013.
3.                       Cessation
This Determination ceases to have effect as if repealed at 12:01 am on 1 May 2013, unless earlier revoked.
4.                       Revocation
This Determination revokes the Health Insurance (Endovenous Laser Therapy) Determination 2012 (No. 2).
5.                       Interpretation
(1)    In this Determination:
         Act means the Health Insurance Act 1973.
relevant provisions means all provisions, relating to professional services or to medical services, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under that Act.
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 Determination.
 
Note     Unless the contrary intention appears, expressions used in this determination have the same meanings as in the Act—see section 13 of the Legislative Instruments Act 2003.
(2)    Unless the contrary intention appears, in this Determination a reference to a provision of the Act or regulations made under the Act or the National Health Act 1953 or regulations made 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 a relevant service
A relevant service provided in accordance with this Determination 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 specified provisions of the general medical services table
(1)    Subclause 1.2.8(1) and clause 2.34.3 of the general medical services table shall have effect as if item 11244 were also specified in those provisions.
(2)    Subclauses 1.2.4(1) and 1.2.5(1) of the general medical services table shall have effect as if item 37245 were also specified in those provisions.
(3)    Clause 1.2.1 of the general medical services table shall have effect as if items 11244 and 37245 were also specified in that provision.
SCHEDULE – SPECIFIED HEALTH SERVICES

New
Items
Health Service
Fee for all States

11244
 
ORBITAL CONTENTS, diagnostic B-scan of, by a specialist practising in his or her specialty of ophthalmology, not being a service associated with a service to which an item in Group I1 of the diagnostic imaging services table applies.
 
$77.00

37245
PROSTATE, endoscopic enucleation of, using high powered Holmium:YAG laser and an end-firing, non-contact fibre, with or without tissue morcellation, with or without cystoscopy and with or without urethroscopy, for the treatment of benign prostatic hyperplasia, other than a service associated with a service to which item 36854, 37201, 37202, 37203, 37206, 37207, 37208, 37303, 37321 or 37324 applies. (H) (Anaes.)
$1,262.15
 

Note     Subsection 3C(7) of the Act deems an internal territory to form part of the State of New South Wales.
 
Note
1.  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See www.comlaw.gov.au