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Social Security Amendment (Diabetes Support) Bill 2016

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  2013-2014-2015-2016

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

SOCIAL SECURITY AMENDMENT (DIABETES SUPPORT) BILL 2016

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator Muir)



SOCIAL SECURITY AMENDMENT (DIABETES SUPPORT) BILL 2016

 

OUTLINE

 

The purpose of the Social Security Amendment (Diabetes Support) Bill 2016 is to amend the Social Security Act 1991 , to give individuals diagnosed with Type 1 Diabetes Mellitus (T1D) access to the required medication and peripheral devices that the disease imposes upon the individual regardless of their geographic location or social status.



T1D is an autoimmune condition which is a non-choice disease which lasts for life. T1D is a form of diabetes marked by a complete lack of insulin therefore insulin replacement is required for survival. T1D creates a significant financial and emotional burden to its patients, family and the community. Differing social status’ can result in an unintended disregard of an individual’s care plan, leading to a higher risk of complications requiring hospital admission, and imposes a greater  burden on the tax payer.



Any benefits accessible to holders of the health care card established by this Bill will be in addition to, not instead of, the following benefits offered by the Commonwealth that are already accessible by diabetes sufferers:

a.        chronic disease management assistance which includes payment for GPS to coordinate care between multiple disciplines; five allied health services per calendar year and monitoring and support services from a practice nurse on behalf of a GP; and

b.       support services offered for individuals registered with the National Diabetes Services Scheme, including subsidised products (not including medications); and

c.        Medicare Safety Net payments to cover 80 per cent of out of pocket costs once the threshold has been met.



This Bill ensures access to medication and peripheral devices, required by individuals diagnosed with Type 1 Diabetes Mellitus, are accessible despite their socioeconomic status.

 

NOTES ON CLAUSES

Clause 1: Short Title

1.           Clause 1 provides for the Bill when enacted to be cited as the Social Security Amendment (Diabetes Support) Act 2016 .

Clause 2: Commencement

2.           Clause 2 provides that the Act will commence on the day it receives the Royal Assent.

             



 

Clause 3: Schedules

3.           Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1 - Amendments

4.         This schedule sets out amendments to the Social Security Act 1991 and the Social Security (Administration) 1999 . These amendments provide for the establishment of a special health care card for people with Diabetes Mellitus Type 1 so as to ensure access to medication and peripheral devices.

Social Security Act 1991

Item 1 - Subdivision AA

5.         This item amends the definition of automatic issue health care card in the Act so that it includes reference to diabetes affected people as set out in subdivision AA.

Item 2 - Subdivision A, Division 3, Part 2A.1

6.         This item replaces the heading of subdivision A of Division 3 of Part 2A.1 of the Act with a new heading to signpost the terms of the provision.

Item 3 - New Subdivision AA under Subdivision A, Division 3, Part 2A.1

7.         This item inserts a new subdivision AA after the existing subdivision A of Division 3 of Part 2A.1 of the Act.

8.         The new subdivision AA sets out the conditions that are required to be met before a health care card for a diabetes affected person can be issued. The health care card is specifically for those who suffer from Diabetes Mellitus Type 1 and will facilitate the access by those affected to certain health care services to assist with the treatment and management of the disease or related issues.

9.         Services that can be accessed under the card include a medical practitioner, a diabetes educator , a physiotherapist and a podiatrist. The medical practitioner can recommend other services in accordance with new subsection 1061ZNB(3)(a)(vi). Any good related to the administration of insulin can be provided under the health care card. The health care card is only for those sufferers who reside in Australia.

Item 4 - Section 1071A

10.       This item amends section 1071A of the Act to ensure that the usual income tests that apply to health care card holders will not apply to those who are otherwise eligible for the diabetes health card.

Item 5 - Section 1190

11.       This item amends section 1190 of the Act to add the health care card for diabetes sufferers to the table set out the indexation and adjustment of amounts.

Item 6 - Section 1191(1)

12.       This item amends subsection 1191(1) of the Act to add the health care card for diabetes sufferers to the table relating to CPI indexation.

Item 7 - Section 1192

13.       This item amends section 1192 of the Act to set the date for the first date of CPI indexation.

Social Security (Administration) Act 1999

Item 8 and 9 - Section 242

13.       These items amend section 242 of the Act to address the constitutional limitations relating to the appropriation of money. Another Act of Parliament is required to ensure that funding is provided for the diabetes health care card.



 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Social Security Amendment (Diabetes Support) Bill 2016

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Bill will amend the Social Security Act 1991 and the Social Security (Administration) Act 1999 to ensure individuals diagnosed with Type 1 Diabetes Mellitus (T1D) have ease of access to the required medication and peripheral devices that the disease imposes upon the individual. The Bill will ensure equitable access regardless of the individual’s geographic location or social status.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Muir