Additional comments by Labor Senators
Doctors' clinical autonomy
Labor believes the protections on doctors' clinical autonomy
in the Bill are not strong enough as they currently stand.
The protection on doctors' clinical autonomy in the existing
section in the Bill (172-5) is limited to medical purchaser provider agreements
– that is, agreements between health insurers and medical practitioners.
Both the AMA and the Australian Private Hospitals
Association argue that the legislation needs to include protections of doctors'
clinical freedom in other circumstances and contexts, such as hospital
purchaser provider agreements.
The National Health Act currently includes a section on
doctors' clinical autonomy in hospital purchaser provider agreements – it is not
clear why this protection is not also included in the Private Health Insurance
Bill.
Accordingly, Labor believes the Bill should be amended to
include protection of doctors' clinical autonomy in hospital purchaser provider
agreements, as well as other purchaser provider agreements which may arise from
the Broader Health Cover provisions in the Bill.
Recommendation:
That the provisions in the
legislation regarding doctors' clinical independence be strengthened so that
they include hospital purchaser provider agreements and other purchaser
provider agreements which may arise from the Broader Health Cover provisions
included in the package.
Private health insurance premiums
Section 82BA (2)(c) of the National Health Act 1953 which sets
out the objectives of PHIAC, includes 'minimising the level of health insurance
premiums' as one of PHIAC's objectives.
This clause has not been included in the Private Health
Insurance Bill, thus reducing the number of PHIAC’s objectives from four to
three.
Labor believes that the specific objective of minimising
private health insurance premium levels should be retained in the legislation,
either in PHIAC's objectives, or, as an explicit responsibility of the Minister
(who has direct responsibility for approving premium increases).
Labor believes this objective should be included in the
legislation, in addition to the more general clause in PHIAC's objectives about
'protecting the interests of consumers'.
Recommendation:
Labor Senators recommend that the
Private Health Insurance Bill be amended to include 'minimising
the level of health insurance premiums' as one of PHIAC's objectives.
Alternatively, the Labor Senators recommend that 'minimising the level of
health insurance premiums' be included in the Minister's responsibilities as
set out in the legislation.
Senator Claire Moore
ALP, Queensland |
Senator Carol Brown
ALP, Tasmania |
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Senator Helen Polley
ALP, Tasmania |
Senator Jan McLucas
ALP, Queensland |
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