Senate debates

Thursday, 18 March 2010

Private Health Insurance Legislation Amendment Bill (No. 2) 2009

Second Reading

Debate resumed from 29 October 2009, on motion by Senator Ludwig:

That this bill be now read a second time.

12:32 pm

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Minister for Ageing) Share this | | Hansard source

I rise to speak on the Private Health Insurance Legislation Amendment Bill (No. 2) 2009. Before I speak on that, I would like to pick up the point that the minister just made. If we are going to look at filibustering in this place, and if we are going to look at the health area, the minister should look at her own side before she turns around and criticises this side. In particular, she should look no further than in the health area where her minister, Ms Roxon, has bungled bill after bill and area after area. So do not come into this place and sanctimoniously tell us that we are filibustering. Look at your own side, look at the bungling and look at why legislation is not coming to this place. It is not coming to this place because of your own bungling.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Look at the mote in your own eye.

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Minister for Ageing) Share this | | Hansard source

Thank you for that poetic interjection, Senator Brandis. This bill, the Private Health Insurance Legislation Amendment Bill (No. 2) 2009, amends the Private Health Insurance Act 2007 to allow the minister to conditionally list prostheses on the Commonwealth Prostheses List and to allow her to create rules specifying criteria for listing. Prostheses are artificial devices attached to the body as an aid or substitute for body parts that are missing or non-functional. They can include cardiac pacemakers and defibrillators; cardiac stents to clear blockages in blood vessels around the heart; hip and knee replacements for sufferers of arthritis; intraocular lenses to treat cataracts in human tissues such as human heart valves, corneas; bones, part and whole; and muscle tissue. On the mention of cataracts: there was a bungle if ever I saw one.

The Private Health Insurance Act requires private health insurers to pay benefits for prostheses and for hospital treatment or hospital substitute treatment that is eligible for a Medicare rebate. Currently, more than 9,500 prostheses are listed. They are listed on the advice of the Prostheses and Devices Committee according to the mandatory and non-mandatory criteria. In order for new prostheses to be listed, an application requesting this must be made to the Minister for Health and Ageing. The minister can take advice when deciding whether or not to grant an application to list. As stated, there are also non-mandatory criteria set out in the administrative guidelines. These non-mandatory criteria state that a listed prosthesis should:

(a) be surgically implanted in the patient and be purposely designed in order to:

(i) replace an anatomical body part; or

(ii) combat a pathological process; or

(iii) modulate a physiological process …

As highlighted in the second reading speech, the bill has particular relevance for people with diabetes who use insulin pumps to control blood glucose levels. Whilst insulin pumps are currently listed, there has been some ambiguity concerning their status due to the fact that they are not surgically implanted and do not require hospital admission. Insulin pumps may not be surgically implanted but they do replicate the function of pancreatic cells, which produce insulin. Accordingly, they may be considered a prosthetic. This amendment bill will facilitate a new part of the prostheses list to include devices that are not surgically implanted but have an internal component that is integral to their effectiveness. This will remove the ambiguity for insulin pumps. The importance of this bill, by removing the ambiguity, is that it recognises the needs of many stakeholders with diabetes and the coalition supports such a move.

I would like to take the opportunity today to mention the Juvenile Diabetes Research Foundation and Kids in the House. JDRF represents 140,000 children and adults with type 1 diabetes and the tens of thousands more who care for them. I know that the JDRF is supported by many colleagues and I am proud of the support that the coalition gave them when in 2004, for example, Tony Abbott, the then health minister, committed $30 million to establish a centre for excellence for diabetes research over five years. The coalition government provided $442 million between 2000-01 and 2005-06 for Diabetes Australia and the National Diabetes Services Scheme. The scheme enables people with diabetes to access subsidies for essential products such as syringes, insulin infusion pump consumables and diagnostic products. The coalition government committed a further $667 million for the period beyond 2006-07 and supports the provisions of this bill affecting insulin pumps.

With respect to the conditional listing component of the bill, the important issue is how conditional listing is implemented in practice. The bill provides very little detail as to the process for conditional listing and the conditions which may be imposed. While we do not oppose the passage of this bill today, we have concerns about the lack of consultation undertaken and the lack of detail provided in relation to the conditional listing process.

12:38 pm

Photo of Ursula StephensUrsula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | | Hansard source

I thank Senator Fierravanti-Wells for her contribution, and on behalf of the government I acknowledged the opposition’s support for the Health Insurance Amendment (Diagnostic Imaging Accreditation) Bill 2009, which will make amendments to the Health Insurance Amendment (Diagnostic Imaging Accreditation) Act 2007 to broaden the scope of the Diagnostic Imaging Accreditation Scheme. The bill, as Senator Fierravanti-Wells said, establishes the transitional arrangements for existing diagnostic imaging practices, providing non-radiology services or a combination of non-radiology and radiology services that are not accredited under the scheme to enter stage 2 of the scheme on 1 July this year. These arrangements will enable non-radiology practices to transit into stage 2 of the scheme with minimal disruption to their business of providing Medicare eligible diagnostic imaging services to patients.

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Shadow Minister for COAG and Modernising the Federation) Share this | | Hansard source

Senator Payne interjecting

Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party) Share this | | Hansard source

I am just checking.

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Shadow Minister for COAG and Modernising the Federation) Share this | | Hansard source

I think the minister is confused as to which bill we are debating.

The Acting Deputy President:

I agree with you. Minister, we are looking at the previous health bill, which is the health insurance legislation—

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Good to see the Rudd government’s got its act together!

Photo of Ursula StephensUrsula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | | Hansard source

Thank you, Acting Deputy President. I apologise. I picked up in the wrong folder in the non-controversial legislation.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Senator Payne had to draw it to you attention!

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

You should be in charge of insulation!

The Acting Deputy President:

Okay, senators, we might get back to the debate.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

This is just a filibuster!

Photo of Ursula StephensUrsula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | | Hansard source

Thank you, Senator Macdonald. You know honest mistakes happen everywhere. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.