Health Legislation Amendment (Modernising My Health Record — Sharing by Default) Bill 2024

The majority voted against amendments introduced by Victorian Senator Lidia Thorpe (Independent), which means they failed. The amendments related to medicare benefits payable for services provided to persons in prison and special arrangements for pharmaceutical benefits in prisons.

Amendment text

SHEET 3250

That the House of Representatives be requested to make the following amendment:

(1) Schedule 1, page 26 (after line 21), after item 25, insert:

25A After subsection 19(2)

Insert:

(2A) Despite subsection (2), a medicare benefit is payable in respect of a professional service if:

(a) the professional service has been rendered by, or on behalf of, or under an arrangement with:

(i) a State or an internal Territory; or

(ii) an authority established by a law of a State or a law of an internal Territory; and

(b) the professional service has been rendered in relation to a person who is in prison or has been recently released from prison; and

(c) the professional service is of a kind specified in an instrument made under subsection (2B).

(2B) The Minister must, by legislative instrument, specify one or more kinds of professional services for the purposes of paragraph (2A)(c).

(2C) The first instrument made under subsection (2B) must be made by the end of the period of 12 months beginning on the day this subsection commences.

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (1)

Amendment (1) is framed as a request because it amends the bill to increase the kinds of professional services in relation to which a Medicare benefit is payable. Specifically, it would require payments in relation to certain services provided to people in prison or recently released from prison. The amendment would therefore increase the amount of Medicare benefit payments made from the Medicare Guarantee Fund (Health) Special Account.

As the effect of this amendment is to increase payments made from the Medicare Guarantee Fund (Health) Special Account, it will increase expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013 or in certain circumstances the standing appropriation in section 18 of the Medicare Guarantee Act 2017.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

If the effect of the amendment is to increase expenditure under a standing appropriation, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

SHEET 3268

(1) Schedule 2, page 44 (after line 28), after the heading specifying National Health Act 1953, insert:

16A After subsection 100(1)

Insert:

(1AA) Without limiting subsection (1), the Minister must, by legislative instrument, make special arrangements for, or in relation to, providing that an adequate supply of pharmaceutical benefits will be available to persons who are in prison or another place of detention.

(1AB) The first instrument made under subsection (1AA) must be made by the end of the period of 12 months beginning on the day this subsection commences.

16B At the end of subsections 100(2) and (3)

Add "or (1AA)".