ATTACHMENT

 

Details of the Health Insurance (Pathology Services Table) Regulations 2019

 

Section 1 - Name

 

This section provides for the Regulations to be referred to as the Health Insurance (Pathology Services Table) Regulations 2019.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence on 1 July 2019.

 

Section 3 - Authority 

 

This section provides that the Regulations are made under the Health Insurance Act 1973.

 

Section 4 - Pathology services table

 

This section provides that the new table of pathology services set out in Schedule 1 be prescribed for subsection 4A(1) of the Act.

 

Section 5 - Dictionary

 

This section provides for a Dictionary in Part 4 of Schedule 1 at the end of the Regulations.

 

Section 6 - Schedule 2

 

This section provides that each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule has effect according to its terms.

 

Schedule 1 - Pathology services table

 

This part of the Regulations remakes the existing pathology services table, which is currently prescribed by the Health Insurance (Pathology Services Table) Regulations 2018 (the 2018 Regulations). There are no changes of substance to the existing table.

 

Minor and machinery changes

The Regulations make a number of minor and machinery amendments. This includes:

*         Removing the abbreviations in clause 1.1.1 and Part 3 of the 2018 Regulations. The list of abbreviations provides terms which may be used by requestors to identify a pathology service. The Regulations remove the abbreviations to avoid confusion with section 35 of the Health Insurance Regulations 2018, which specifies the information which must be included in a pathology request. The list of abbreviations will be retained on www.mbsonline.gov.au to assist pathologists and requestors.

*         Removing the 'Limitation on certain items' (clause 2.4.1) of the 2018 Regulations. The restrictions which were applied to certain items by this clause will be applied in the relevant item descriptor in the Regulations. Items 71075, 71127, 71135 and 71137 can only be claimed a maximum of twice, per patient, in a year. Item 71079 can only be claimed a maximum of four times, per patient, in a year. Item 71077 can only be claimed a maximum of six times, per patient, in a year

*         The clauses in Division 2.5 and 2.6 have been re-restructured to reflect current drafting standards and formatting.

 

Schedule 2 - Repeals

 

This section repeals the 2018 Regulations.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Health Insurance (Pathology Services Table) Regulations 2019

 

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Regulations

The purpose of the Health Insurance (Pathology Services Table) Regulations 2019 (the Regulations) is to repeal the Health Insurance (Pathology Services Table) Regulations 2018 and prescribe a new table of pathology services from 1 July 2019. This will ensure that Medicare benefits continue to be payable for pathology services.

Human rights implications

The Regulations engage Articles 9 and 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to health and social security.

The Right to Health

The right to the enjoyment of the highest attainable standard of physical and mental health is contained in Article 12(1) of the ICESCR. The UN Committee on Economic Social and Cultural Rights (the Committee) has stated that the right to health is not a right for each individual to be healthy, but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

The Committee reports that the 'highest attainable standard of health' takes into account the country's available resources. This right may be understood as a right of access to a variety of public health and health care facilities, goods, services, programs, and conditions necessary for the realisation of the highest attainable standard of health.

The Right to Social Security

The right to social security is contained in Article 9 of the ICESCR. It requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care. Countries are obliged to demonstrate that every effort has been made to use all resources that are at their disposal in an effort to satisfy, as a matter of priority, this minimum obligation.

The Committee reports that there is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under ICESCR. In this context, a retrogressive measure would be one taken without adequate justification that had the effect of reducing existing levels of social security benefits, or of denying benefits to persons or groups previously entitled to them. However, it is legitimate for a Government to re-direct its limited resources in ways that it considers to be more effective at meeting the general health needs of all society, particularly the needs of the more disadvantaged members of society.

Analysis

The Regulations maintain rights to health and social security by ensuring access to publicly-subsidised pathology services which are clinically and cost-effective.

Conclusion

This instrument is compatible with human rights because it maintains existing arrangements and the protection of human rights.

 

Greg Hunt

Minister for Health