Health Insurance Amendment (Extended Medicare Safety Net) Bill 2014

Health Insurance Amendment (Extended Medicare Safety Net) Bill 2014

Portfolio: Health
Introduced: House of Representatives, 26 March 2014

1.1        The Health Insurance Amendment (Extended Medicare Safety Net) Bill 2014 seeks to amend the Health Insurance Act 1973 to:

1.2        The accompanying statement of compatibility assesses the bill as engaging the rights to health and social security. It concludes that the bill is compatible with human rights as [to] the extent that it may limit the human right to health [it] is reasonable, necessary and proportionate.[1]

1.3                  The committee considers that the bill does not appear to give rise to human rights concerns.

1.4                  The committee notes that, in addition to the rights identified in the statement of compatibility, the bill may be regarded as engaging the rights of equality and non-discrimination,[2] insofar as the increase is targeted only to those persons subject to the upper threshold of the Extended Medicare Safety Net (EMSN).

1.5                  However, if a difference in treatment can be shown to be based on objective and reasonable criteria, and to be a proportionate measure adopted in pursuit of a legitimate goal, then it will not violate the rights of equality and non-discrimination. The committee notes that measure is designed not to affect the affordability of medical services for concession card holders and low-income earners,[3]and that the measure is likely to be compatible with the rights to equality and non-discrimination.

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