House debates
Wednesday, 25 March 2026
Bills
Health Legislation Amendment (Improving Choice and Transparency for Private Health Consumers) Bill 2026; Second Reading
5:12 pm
Jo Briskey (Maribyrnong, Australian Labor Party) Share this | Hansard source
Before I get underway with my contribution to this really important piece of legislation, I'd like to correct the member for Lyne on some of the issues that she raised in her contribution a little earlier this afternoon. The member raised some important issues around the potential of a reclassification of important eye injections and the potential for that to lead to out-of-pocket costs for patients. I'm pleased to correct the member for Lyne and to reassure her constituents that that is not the case. In fact, a couple of weeks ago, the Albanese Labor government announced that it would not be moving ahead with those changes and decided not to reclassify those special eye injections as out-of-hospital services, protecting the out-of-pocket costs for patients. Minister Butler said:
After reviewing and listening to the views of older Australians, we will no longer be proceed with the change so people can continue with their existing arrangements with their existing clinician and won't see an increase in their out-of-pocket costs.
So I hope that the member for Lyne is able to take that really good information and news back to her electorate. It's just another example of how this Albanese Labor government is delivering for every Australian.
Australians are rightly proud of Medicare. It has shaped the public's understanding of health care in this country as a system that is grounded in fairness, transparency and access based on need. Many Australians reasonably expect those same principles to apply under the broader health sector, including when they engage with the private health system. But, in practice, that expectation is not always met. In my community, people tell me the same story in different ways. They do the right thing. They take out private health insurance to protect their family, to shorten waiting times where they can and to have options when life throws a curveball. But too often that promise of security is undermined by opaque pricing, fragmented information and practices that feel like the rules are written for everyone except the consumer.
Australia's health system is one of our great achievements. Medicare is its foundation—a guarantee that essential care is available regardless of income. But most Australians move between public and private services across their lives. When those parts of the system work together well, patients benefit. When they do not, people are left juggling referrals, deciphering bills and making decisions without the basic information any reasonable person would expect. This bill addresses two problems that are widely felt and are long overdue for action. First, it tackles the lack of transparency around fees and out-of-pocket costs. Second, it strengthens oversight of private health insurance premiums and ends the practice known as product phoenixing.
On transparency, let's be frank about the current experience. A person receives a referral to a specialist. They book an appointment, sometimes weeks away. They may not be told the fee until the day of, or they may be given an estimate that is impossible to verify. If the specialist recommends a procedure, the patient then has to piece together separate quotes—surgeon, anaesthetist, assistant, hospital fees—often while they are anxious, in pain or caring for a loved one. Too many only learn the full cost after the decision has effectively been made. That is not informed choice; it is consent under pressure. The consequences are real. Unexpected bills can force families to dip into savings, postpone other essentials or take on debt. Some delay care because they cannot risk the cost. Others go ahead and simply hope that they can cope later. Either way, uncertainty becomes a barrier to health.
This bill takes a clear approach: transparency by default. It enables publication of meaningful, comparable information about fees and typical out-of-pocket costs for common medical services. Crucially, it does this by better using data already collected through Medicare, hospitals and insurers. The point is not to create a new burden for clinicians or drown the sector in paperwork. The point is to unlock the value of information that the government already holds and put it to work for the people it ultimately belongs to—the patients.
With better information in the public domain, Australians will be able to see how fees vary for common services, what gap arrangements are in place and what they are likely to pay. That will help people ask smarter questions: Is there a no gap option? What will my insurer cover? What are the alternatives? It will help people understand whether a quote is within a typical range or whether it is an outlier that warrants further conversation. This is not about naming and shaming practitioners; it's about equipping patients. Most clinicians already communicate well and charge fairly. Transparency will support them by lifting the overall standards and reducing the confusion that too often sits between patient and provider. For those doing the right thing, it's a trust builder.
The bill also recognises that a patient's bill is not determined by one person alone. Out-of-pocket costs are shaped by the broader arrangements that sit behind the scenes between hospitals and insurers and between insurers and providers. Consumers deserve to know what arrangements exist, what they cover and how they affect the final cost. That is why this bill provides for the publication of information about hospitals and insurers as well: who provides services where, what arrangements are in place and how those arrangements influence what the patient pays. It helps Australians see the system as it operates, not as it is marketed.
Of course, transparency must be done properly. Data must be accurate, timely and presented in plain language. It must be contextualised, so it's meaningful and not misleading. It must protect privacy and uphold confidentiality. This bill modernises the relevant legislative frameworks for data sharing and safeguards so those disclosures can occur responsibly. Transparency is the first pillar of consumer confidence. Fairness is the second.
This brings me to premiums and product phoenixing. Australians understand that premiums change. They know costs can rise as demand increases and medical practice evolves. What they expect, quite reasonably, is that premium changes are subject to constant scrutiny and that insurers cannot game the system by changing labels. Product phoenixing has damaged trust because it looks and feels like a workaround. An insurer closes a product and replaces it with one that is substantially similar but more expensive or less valuable. The change can avoid the scrutiny that would normally apply to premium increases. Consumers can be shifted with limited notice and limited clarity. For many, the practical ability to compare or move is constrained by time, health needs or the fear of losing continuity. For the policy holder, the technical distinction between an old product and a new product is beside the point. If they are paying more for the same cover or receiving less for the same premium, the impact is the same.
This bill closes that loophole. It strengthens the premium approval framework by requiring approval not only for the changes of premiums on existing products but also for the premiums associated with new products and for the changes that reduce coverage, benefits or conditions. That is an important shift because it recognises that value can be eroded in ways that are not captured by price alone. This bill does not stop insurers from improving products or responding to changing circumstances. It does not freeze the market, but it does require that significant changes, whether to price or value, are transparent and assessed against public interest.
It also formalises key aspects of the premium approval process that had previously been administrative, and it introduces a legislative application period. It also clarifies how further information can be requested, sets out resubmission processes, applies a public interest test and provides for appropriate delegation of decision-making. Those details are important because they create predictability for industry and accountability for consumers, strengthening the integrity of decisions that affect millions of households.
The bigger issue here is trust. Private health insurance relies on a social contract. People pay now to protect themselves later. They accept that they are joining a pool, sharing risk and funding care that they may never personally use. This only works when consumers believe the system is understandable, honest and regulated in their interest. When people feel blindsided by fees, confused by gaps or trapped by product changes that seem designed to evade scrutiny, that trust frays. People disengage. They downgrade. Some leave altogether. That is not good for families, not good for private hospitals and providers, and not good for the public system that then carries more demand.
This bill strengthens the social contract in a sensible way. It does not set fees. It does not pretend that health care is a simple retail transaction. What it does is make the system easier to navigate for ordinary Australians, giving people the information that they need while ensuring that the rules governing premiums and products operate transparently and fairly.
This bill reflects a fundamental difference in approach. On this side of the House we believe Medicare must remain the foundation of our health system, with private health insurance working alongside it through transparency and fairness, not confusion or hidden costs. Those opposite have often and for too long sought to weaken Medicare while relying on a less regulated private system that shifts costs between patients, risking a drift toward a model where access depends on what you can afford. This government rejects that direction. This bill ensures that private health insurance strengthens Medicare by improving transparency, by closing loopholes like product phoenixing and by putting fairness back at the centre of our health system. It will also help local providers demonstrate the value they deliver and compete on openness and patient experience, not just reputation. That is why stronger premium oversight is so important.
For a young family, it means fewer nasty surprises when a child needs specialist care. For older Australians, it means more certainty when planning for procedures and managing fixed incomes. For people with chronic illness, it means clearer expectations and an ability to budget over time. For small-business owners and the self-employed, it means making decisions with a better handle on what they are likely paying. It will also support the many clinicians and providers who already prioritise clear communication. When transparency is the norm, it reinforces the professionalism that patients rely on.
Implementation will matter, and it absolutely should be done in partnership. We should work with clinicians, hospitals, insurers and consumer advocates to ensure published information is useful and fair. We should monitor impacts carefully to ensure transparency improves decision-making and does not create unintended distortions. We should be honest about what success looks like—fewer unexpected bills, better comparisons, stronger consumer protections and a system that feels more transparent to the people who fund it.
Australians should not need to be experts in item numbers, gap schedules and the fine print to protect their families. They should not discover the true cost of care only after they've had to commit to it. They should not see their insurance product re-emerge under a new name at a higher price without proper scrutiny. This bill responds to those expectations. It complements Medicare's universal foundation by improving transparency and accountability in the private system. It empowers patients with clearer, comparable information. It strengthens consumer protection by ending product phoenixing and applying consistent oversight to meaningful changes in price and value, and it further embeds fairness in our healthcare system. I commend the bill to the House.
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