What legislation covers the MBS

The legislation is the authority for payments of Medicare benefits.

Page last updated: 07 August 2020

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

Health and Other Services (Compensation) Act 1995

Health Insurance (Pathology) (Fees) Act 1991

My Health Records Act 2012

National Health Act 1953

Private Health Insurance Act 2007

REGULATIONS

Health Insurance Regulations 2018 (from 1 Oct 2018) see Health Insurance Regulations 1975 (Prior to 1 Oct 2018)

Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020 (from 1 July 2020 - remade annually)

Health Insurance (General Medical Services Table) Regulations (No. 2) 2020 (from 1 July 2020 - remade annually)

Health Insurance (Pathology Services Table) Regulations 2020 (from 1 July 2020 - remade annually)

INSTRUMENTS

Current 3C Determinations under 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.