What Legislation covers the MBS

The legislation is the source for payments of Medicare benefits.

Page last updated: 04 December 2019

What Legislation covers the MBS
The legislation is the source for payments of Medicare benefits.

The MBS provides information on the arrangements for the payment of Medicare benefits. These arrangements operate under the Health Insurance Act 1973 (as amended). The MBS publications are not legal documents, and, in cases of discrepancy, the legislation is the source for payments of Medicare benefits.
Below is a summary of the current compilations of the major acts, regulations and determinations in operation for the payment of Medicare benefits. Please note that this list is a summary and not an exhaustive list.

The legislation listed below can be located on the Federal Register of Legislation using the hyperlinks provided.

ACTS

Health Insurance Act 1973

National Health Act 1953

REGULATIONS

Health Insurance Regulations 2018 (from 1 Oct 2018)

See Health Insurance Regulations 1975 (Prior to 1 Oct 2018)

Health Insurance (Professional Services Review Scheme) Regulations 2019 (from 23 Feb 2019)
See Health Insurance (Professional Services Review Scheme) Regulations 1999 (Prior to 23 Feb 2019)

Health Insurance (General Medical Services Table) Regulations 2019 (from 1 July 2019)
See Health Insurance Health Insurance (General Medical Services Table) Regulations 2018 (Prior to 1 July 2019)
(Remade annually)

Health Insurance (Diagnostic Imaging Services Table) Regulations 2019 (from 1 July 2019)
See Health Insurance Health Insurance (Diagnostic Imaging Services Table) Regulations 2018 (Prior to 1 July 2019)
(Remade annually)

Health Insurance (Pathology Services Table) Regulations 2019 (from 1 July 2019)
See Health Insurance Health Insurance (Pathology Services Table) Regulations 2018 (Prior to 1 July 2019)
(Remade annually

INSTRUMENTS

Determinations under section 3C of the Health Insurance Act 1973

Current determinations under section 3C of the Health Insurance Act 1973 are listed on the Federal Register of Legislation. This list of various Health Insurance Act 1973 determinations is updated regularly.

Section 3C determinations provide a mechanism for including medical and professional services items or classes of items in the General Medical Services Table, Diagnostic Imaging Services Table and Pathology Services Table. These additional services may be short term, interim or long term instruments.

All these links on the Federal Register of Legislation include links to historic and the latest updated amended versions. New and superseded table Regulations, which must be remade annually, can be located through the Federal Register of Legislation index.