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A New Tax System (Medicare Levy Surcharge-Fringe Benefits) Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018

Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018

Private Health Insurance Legislation Amendment Bill 2018

Private Health Insurance Legislation Amendment Act 2018

Explanatory Memorandum

(Circulated by authority of the Minister for Health, the Honourable Greg Hunt MP)

Outline

This package of three Bills supports the implementation of reforms to private health insurance announced by the Government on 13 October 2017. The Private Health Insurance Legislation Amendment Bill 2018 (the Bill) contains the primary amendments that will amend the Private Health Insurance Act 2007 (the PHI Act), the Ombudsman Act 1976 and the Age Discrimination Act 2004.

The measures contained in the Bills will:

allow for age-based premium discounts for hospital cover;
allow private health insurers to cover travel and accommodation costs for regional Australians as part of a hospital treatment;
strengthen the powers of the Private Health Insurance Ombudsman;
improve information provision for consumers;
reform the administration of second tier default benefits arrangements for hospitals;
allow insurers to terminate products and transfer affected policy-holders to new products;
increase maximum voluntary excess levels for products providing individuals an exemption from the Medicare levy surcharge; and
improve consumer transparency by removing the use of benefit limitation periods in private health insurance policies.

The private health insurance reform package was the result of extensive consultation, including through the Private Health Ministerial Advisory Committee.

Private Health Insurance Legislation Amendment Bill 2018

This Bill will amend the Private Health Insurance Act 2007 (the Act) and associated legislation to support reforms enabling private health insurers increased flexibility to offer hospital cover products with improved value in terms of lower premiums through the application of age-based discounts, increased maximum voluntary excess levels, and allowing insurers to offer benefits for travel and accommodation as part hospital treatment cover. The Bill also includes amendments to the Act to facilitate the introduction of reforms that improve information provided to consumers; streamline second tier default benefit arrangements for private hospitals; and allow insurers to terminate products and transfer affected policy-holders to new products. It includes transitional provisions to address issues arising from possible non-compliance with the Act.

The Ombudsman Act 1976 is also amended under this Bill to strengthen consumer protection through the expansion of the powers of the Private Health Insurance Ombudsman (PHIO). The PHIO's existing powers will be strengthened to enable inspections and audits at the premises of private health insurers or brokers as part of complaint handling or in the context of investigations by the PHIO at his or her own initiative.

Schedule 1- Increase to maximum excess levels

Insurers will be able to offer products with increased maximum voluntary excess levels that exempt the holder from the Medicare levy surcharge. This will be enabled by amendments in the three Bills which contain amendments to the Private Health Insurance Act 2007, A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999 and Medicare Levy Act 1986.

Consumers will have the opportunity to purchase products with a larger excess, in return for lower premiums.

Schedule 2 - Age-based discounts for hospital cover

Insurers will be permitted to offer products which provide age-based discounts which meet the conditions to be set out in the Private Health Insurance (Complying Products) Rules. It is intended that, in line with the announced policy, the Private Health Insurance (Complying Product) Rules will be amended to introduce a framework for insurers to offer products with age-based discounts.

This is intended to improve the affordability of private health insurance for young Australians, increasing their access to private hospital services.

An amendment to the Age Discrimination Act 2004 has also been included to allow for these discounts to be made available to younger people.

Schedule 3 - Strengthening the powers of the Private Health Insurance Ombudsman

The Private Health Insurance Ombudsman will have the power to conduct inspections, and investigations associated with complaints or compliant related matters and conduct audits at the premises of private health insurers or brokers. Offence provisions have been established to support the enforcement of these powers.

Schedule 4 - Transitional provisions relating to the treatment of certain health insurance policies

The Government will improve consumer transparency by removing the use of benefit limitation periods in private health insurance policies. The Bill ensures that consumers who have purchased benefit limitation period inclusive policies since the Private Health Insurance Act 2007 was introduced:

do not need to repay premium rebates they have received;
are not retrospectively liable for the Medicare Levy Surcharge; and
are not liable for Lifetime Health Cover loadings.

Schedule 5 Part 1 - Benefits for travel and accommodation for hospital treatment cover

Insurers will be allowed to offer travel and accommodation benefits as part of hospital treatment cover. As part of hospital treatment benefits for travel and accommodation are eligible for risk equalisation. This provides an incentive for insurers to offer travel and accommodation benefits as part of the hospital treatment cover. Risk equalisation supports community rating by sharing much of the costs for high risk members between all insurers. This change benefits people (particularly those that live in rural and remote areas) who need to access hospital services not available locally.

Schedule 5 Part 2 Information requirements

A 'Private Health Information Statement' will replace the current 'Standard Information Statement' (SIS) as the required method by which an insurer must provide information to consumers.

The SIS will be discontinued from 1 April 2019 and insurers will be required to maintain and provide up to date information about complying health insurance products in the form of a Private Health Information Statement, the requirements for which will be set out in the Private Health Insurance (Complying Product) Rules. This updated Information Statement will provide insurers with more flexibility surrounding the format, content and delivery of information, and give consumers access to better information.

Schedule 5 Part 3 Second tier administrative reforms

A legislative framework will be established in which the Minister for Health will assess and determine whether or not to include a private hospital in a class of hospitals eligible for second-tier default benefits. This is a departure from the current decision making process which is administered by the industry-based Second Tier Advisory Committee.

Under the new arrangements, a hospital can apply to the Minister to be included in a class set out in the Private Health Insurance (Health Insurance Business) Rules. The length of a private hospital's second tier eligibility approval will also be increased to align with the hospital's independent hospital accreditation cycle. There will be provision for certain decisions to be subject to review by the Administrative Appeals Tribunal.

Schedule 5 Part 4 - Closed and terminated products

The Bill includes amendments to allow insurers to terminate a product and to transfer all people insured under that product to new policies. The insurer will be required to inform the person being transferred of a range of matters which are intended to be included in the Private Health Insurance (Complying Product) Rules. These provisions do not reduce an insured person's other portability entitlements such as not having to re-serve waiting periods when moving to a new policy.

Medicare Levy Surcharge exemption and related matters

In order to give effect to the increased maximum voluntary excess levels which is included as part of Schedule 1 of the Bill, this package also includes two additional Bills containing amendments to taxation laws:

(1)
The A New Tax System (Medicare Levy Surcharge-Fringe Benefits) Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 (Medicare Levy Surcharge Amendment Bill) to amend the A New Tax System (Medicare Levy Surcharge-Fringe Benefits) Act 1999; and
(2)
Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 (Medicare Levy Amendment Bill) to amend the Medicare Levy Act 1986.

A New Tax System (Medicare Levy Surcharge-Fringe Benefits) Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018

This Bill amends the principal Act to provide that the maximum voluntary excess level a policy can have to exempt the holder from the Medicare Levy Surcharge is set out in the Private Health Insurance Act 2007.

The Bill also removes grandfathering provisions that provided the Medicare Levy Surcharge exemption for certain health insurance policies that pre-date the commencement of the Private Health Insurance Act 2007. Individuals will need to migrate to a policy that has an excess no more than the new maximum in order to remain eligible for the Medicare Levy Surcharge exemption.

Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018

This Bill amends the principal Act to provide that the maximum voluntary excess level a policy can have to exempt the holder from the Medicare Levy Surcharge is set out in the Private Health Insurance Act 2007.

The Bill also removes grandfathering provisions that provided the Medicare Levy Surcharge exemption for certain health insurance policies that pre-date the commencement of the Private Health Insurance Act 2007. Individuals will need to migrate to a policy that has an excess no more than the new maximum in order to be eligible for the Medicare Levy Surcharge exemption.

Policy Background

On 13 October 2017, the Government announced reforms to private health insurance designed to simplify private health insurance and make it more affordable for consumers. The package consists of the following reforms:

o
Product design reforms, including:

A new system for categorising health insurance products (Gold/Silver/Bronze/Basic product categories);
Enhancing mental health support to improve patient access to mental health services;
Establishing the Improved Models of Care Working Group to provide advice on improving the funding arrangements for private health insurance funded mental health and rehabilitation services;

o
Introducing standard clinical definitions;
o
Improved access to travel and accommodation benefits which will benefit regional and rural patients and their carers;
o
Strengthening the powers of the Private Health Insurance Ombudsman;
o
Establishing the Ministerial Advisory Committee on Out-of-Pocket Costs to consider best practice models for transparency of out-of-pocket costs;
o
Information provision reforms, including upgrading the Government's website (privatehealth.gov.au) and the development of a minimum data set for consumers;
o
Allowing private health insurers to offer discounted private hospital cover to people aged 18 to 29;
o
Prostheses List benefit reductions;
o
Increasing maximum excess levels;
o
Changing coverage for some natural therapies; and
o
Second-tier administrative reforms.

Financial Impact Statement

The total financial impact of the measures contained in the Bill from 2017-18 to 2020-2021 is $6.2 million.

Regulation Impact Statement

A Regulation Impact Statement is not required for Schedule 4 (OBPR ID 23453).

The following Regulation Impact Statement covers the remaining Schedules.

Name of Proposal: Private Health Insurance Reforms

Office of Best Practice Regulation (OBPR) ID number: 22741

Note: The announcement of the reform package (described in detail in Section 3) limits the scope of this RIS. This RIS considers two options: the implementation of the reform package as a whole, and the status quo.

1 - What is the policy problem you are trying to solve?

Decline in private health insurance participation

Private Health Insurance is a key part of Australia's health system providing choice for 13.5 million Australians. As at 31 December 2017, 11.3 million Australians were covered by hospital treatment cover (45.6 per cent of the population) and 13.54 million Australians had some form of general treatment cover (54.6 per cent of the population). General treatment is also known as extras or ancillary cover which includes services such as optometry and dental.

While in 2018, there was the lowest average weighted premium increase in almost 17 years, at 3.95 percent, in the past nine consecutive quarters coverage has declined in proportion terms and in the December 2017 quarter has declined by about 20,000 people compared with the same quarter in 2016. If this trend continues it may signal the start of a decline in coverage similar to that seen in the 1990s when hospital insurance dropped from 45 percent to 30 percent of the population over the decade. That decline was only arrested by the introduction of the premium rebate (which lowered the cost), the Medicare Levy Surcharge (MLS) and Lifetime Health Cover (LHC) (which created incentives for higher income earners and younger people to purchase insurance).

Table 1 below includes a comparison of the number of people and the percentage of the population with hospital and general treatment policies over the past four years. Table 1 shows that the percentage of the population with hospital treatment and general treatment has declined over the past three years.

Table 1: Hospital treatment and general treatment health insurance policies

Year Number of people with hospital treatment % population with hospital treatment Number of people with general treatment % of population with general treatment
As at 30 June 2017 11,318,742 46.1 13,509,160 55.0
As at 30 June 2016 11,328,577 46.8 13,426,697 55.5
As at 30 June 2015 11,276,328 47.3 13,276,992 55.7
As at 30 June 2014 11,091,439 47.2 12,986,541 55.3

The current decline in participation is attributed to the cost to consumers growing on average by 68 per cent in 10 years and the confusing product offerings. In addition, the two thirds of the population that are aged under 50 have been born or reached adulthood under Medicare. Many people in this age group regard health insurance as a supplement rather than a necessity, and they are therefore more likely to respond negatively to increasing premiums.

Figure 1 below shows the change in the number of people with hospital treatment policies by age category over the past four years. This graph shows the decline in participation rates, particularly for the 20-24 and 25-29 age groups.

Figure 1: Private health insurance participation (hospital cover) by age category [1]

If no changes are made to the current arrangements, it is expected that private health insurance premiums will continue to increase and people may choose to downgrade or cancel their health insurance or not take out private health insurance at all.

Falling membership, particularly among younger Australians (who cross subsidise the premiums of older people), risks the overall stability of Australia's health system as people dropping out or not taking out insurance must use the public hospital system which significantly increases cost to governments.

In the 12 months to 31 December 2017 health insurers paid $14,812 million in hospital treatment benefits. This included more than 4.6 million episodes and 11.9 million hospital treatment days. [2]

Industry data shows that private health insurance pays for almost two-thirds of non-emergency surgery, 90% of day admissions for mental health care and 50% of all mental health admissions, 70% of joint replacements, 60% of chemotherapy and 88% of retinal procedures.

Background

Australia's health system is funded by a mixture of public and private funding and service delivery. The role of private health insurance in Australia is unique among OECD countries, in that it operates as a Commonwealth supported and regulated industry, but is complementary to a universal public insurance system - Medicare. Most medical practitioner services are funded or subsidised through Medicare and state public hospital services are generally provided free to public patients. Private health insurance covers some or all of the costs of healthcare for private patients and provides consumers with greater choice in the provision of treatment, access to shorter waiting times, and coverage for some services not funded by Medicare.

A key feature of Australia's private health insurance industry that makes it different from many other forms of insurance is that it is community rated. This means insurers are prohibited from discriminating between people who wish to be insured on the basis of their health or likelihood to claim. Under community rating, everyone is entitled to buy the same product, at the same price (except for Lifetime Health Cover) and an insurer cannot refuse to insure an individual.

By requiring that the premium paid for a person's chosen health insurance product, and the cover available under that product, are the same regardless of the health or demographic characteristics of the individual seeking coverage community rating imposes a cross-subsidy from low risk to high risk policy holders. Community rating prohibits insurers from discriminating on the basis of past or likely future health or risk factors such as age, pre-existing condition, gender, race or lifestyle in the premiums that they charge. Although community rating means that people who are older or sicker do not have to pay higher premiums commensurate with their risk, it also means that younger and healthier people pay more than they otherwise would.

Community rating is underpinned by a system of risk equalisation. Risk equalisation attempts to adjust for the risk of adverse selection. It is designed to spread the burden of high cost claims across all insurers, helping to keep them all financially viable. Under risk equalisation, a proportion of claims for older and high claiming members are 'pooled' and are redistributed between insurers retrospectively through the risk equalisation arrangements. In 2015-16, annual net transfers were around $439 million. [3] These arrangements are designed to ensure that insurers (and policy holders with those insurers) with higher numbers of older members or high users are not financially disadvantaged compared with those insurers with a younger or healthier membership.

The ongoing viability of the community rating requires the retention of a broad membership base. Rather than target certain age segments (e.g. younger members), the current system encourages insurers to compete for both younger and older members. Without a broad membership base, premiums would need to increase to cover the cost of insuring higher risk consumers who maintain their health insurance.

If private health insurance participation rates continue to decline, private health insurance will no longer cover the cost and number of hospital treatment days mentioned earlier. This will therefore impact on tax payers and public hospital waiting times.

Current government initiatives

The Australian Government has three major initiatives in place to encourage take-up of private health insurance, the Medicare levy surcharge, Private Health Insurance Rebate and Lifetime Health Cover.

Following the introduction of private health insurance incentives between 1997 and 2000, there was large growth in the proportion of Australians holding private health insurance (Figure 2). The Medicare Levy Surcharge, the 30 per cent premium rebate, and Lifetime Health Cover saw the percentage of the population with hospital coverage increase from 30.5 per cent to over 45 per cent in 2001. Participation peaked at 47.3 per cent in June 2015.

Figure 2: Private health insurance participation in Australia since 1971 [4]

Medicare levy surcharge

The Medicare levy surcharge (MLS) is a tax on higher income earners who do not hold appropriate hospital insurance. It is designed to encourage individuals to take out private hospital cover.

The MLS is payable in addition to the Medicare levy.

The base income threshold (under which the MLS is not liable to be paid) is $90,000 for singles and $180,000 for families. Table 2 provides details of the MLS tiers.

Table 2: MLS income thresholds from 2014-15 to 2017-18

Singles Families [5] ≤ $90,000

≤ $180,000

$90,001-105,000

$180,001-210,000

$105,001-140,000

$210,001-280,000

≥ $140,001

≥ $280,001

Base Tier Tier 1 Tier 2 Tier 3
0.0% 1.0% 1.25% 1.5%

Table 3 shows the number of people and amount of MLS paid in 2015-16. Table 3: Payments under the Medicare Levy Surcharge during 2015-16 [6]

Rate Number of taxpayers Amount of Payment
1.0% 70,571 $61,720,785
1.25% 55,041 $69,793,906
1.5% 29,943 $74,340,999
Others 592 $313,957
TOTAL 156,147 $206,169,647

Note: The 'Others' category is for taxpayers who were liable for MLS for part of the year only.

As part of the 2014-15 Budget, the Australian Government announced that from 1 July 2015 the income thresholds used to determine the MLS and the private health insurance rebate (discussed below) would be kept at the 2014-15 rates for three years.

As part of the 2016-17 Budget, the Australian Government announced the continuation of the pause on indexation of income tiers for the MLS and the private health insurance rebate for a further three years until 30 June 2021.

Private Health Insurance Rebate

The Australian Government provides an income tested and age related rebate to encourage people to take out and maintain private health insurance. The Government's estimated expenditure on the Private Health Insurance Rebate will amount to more than $6.4 billion in 2017-18. [7]

Most people who hold private health insurance are eligible for a rebate on their insurance costs. A person may claim the private health insurance rebate if they:

are eligible for Medicare;
have a complying health insurance product that provides hospital treatment or general treatment, or combined cover; and
have an income for MLS purposes below Tier 3 (see Table 4 below).The Private Health Insurance Rebate Percentages are as follows:

Table 4: Private Health Insurance Rebate effective from 1 April 2017 to 31 March 2018

Singles Families ≤ $90,000

≤ $180,000

$90,001-105,000

$180,001-210,000

$105,001-140,000

$210,001-280,000

≥ $140,001

≥ $280,001

Rebate
Base Tier Tier 1 Tier 2 Tier 3
< 65 25.934% 17.289% 8.644% 0%
65-69 30.256% 21.612% 12.966% 0%
70+ 34.579% 25.934% 17.289% 0%

The rebate percentage is adjusted on 1 April each year based on the Rebate Adjustment Factor, which has the effect of increasing the rebate in line with the Consumer Price Index rather than the growth in premiums. The Rebate Adjustment Factor is set out in the Private Health Insurance (Incentives) Rules 2012 (No.2).

Lifetime health cover

Lifetime Health Cover (LHC) is an Australian Government initiative that started on 1 July 2000. It was designed to encourage people to take out hospital insurance earlier in life, and to maintain their cover throughout their life. LHC is a financial loading that can be payable in addition to the premium for private health insurance hospital cover.

LHC loadings apply only to hospital cover. They do not apply to private health insurance general treatment cover. To avoid incurring the LHC loading, residents of Australia must ensure they hold appropriate hospital cover before they reach their LHC deadline (also known as the LHC base day which is 1 July following a person's 31st birthday).

A person's loading is determined by the number of years they are aged over 30 at the time they commenced hospital cover. Each year will attract an extra two per cent to their hospital cover premium, up to a maximum of 70 per cent loading. Once a LHC loading on private hospital insurance has been paid for 10 continuous years, the loading is removed.

New migrants to Australia who have already reached the 1 July following their 31st birthday do not incur a LHC loading if they purchase hospital cover with an Australian registered insurer before the first anniversary of (or within 12 months after) being registered as eligible for Medicare.

The Department conducts an annual mail-out specifically targeting people who are approaching their LHC deadline. The mail-out is intended to serve as a reminder for the recipients that they have an opportunity to avoid extra costs on private health insurance should they wish to purchase it before their approaching deadline.

2 - Why is government action needed?

In 2015-16 the Government consulted on private health insurance to identify key issues of consumers and stakeholders across the sector. The consultations raised common themes around people's concerns:

poor value for money;
high out-of-pocket costs for consumers;
lack of transparency;
lack of sustainability; and
complex regulation.

In response to these findings, the Government established the Private Health Ministerial Advisory Committee (PHMAC), consisting of key representatives of interest groups in the private health sector to consider and develop possible reforms to private health insurance with the aim of improving the value of private health insurance to consumers, as well as protecting the long-term efficiency and sustainability of the sector. Additional information about the PHMAC is available at http://www.health.gov.au/internet/main/publishing.nsf/Content/phmac .

Government action is needed to help strengthen the viability of the private health system by addressing concerns about affordability, complexity, and lack of transparency of private health insurance.

Without Government action, there is a risk that participation in private health insurance will continue to decline. As mentioned above, continued falling participation will have an impact on access to services. An increased impact on the demand for services in the public hospital system will result in greater pressure on Commonwealth and state funding for public hospitals. It will also have an impact on funding levels under the National Health Reform Agreement and implications for the contributions to public hospitals required from tax payers.

The Australian Government considers that a healthy and stable private health insurance system is essential for the stability of Australia's overall health care system. Encouraging private health insurance cover provides consumers with a greater choice of care options and relieves pressure on the state public hospital system.

3 - Government Announcement

On 13 October 2017, the Government announced a wide ranging package of reforms to make private health insurance simpler and more affordable for Australians. The key aim of these reforms is to make private health insurance better value for consumers and make policies easier to understand. The Government is helping to reduce the rising costs for health insurers - which would otherwise be passed on through higher premiums. These reforms include:

Younger Australians will be encouraged to take up private health insurance by allowing insurers to offer products which discount hospital insurance premiums for 18 to 29 year olds by up to 10 per cent. This discount will phase out after people turn 41.
People with hospital insurance that does not offer full cover for mental health treatment will be able to upgrade their cover and access mental health services without a waiting period on a once-off basis. This will significantly enhance the value of private health insurance for young people.
To support Australians in regional and rural areas, insurers will be able to offer travel and accommodation benefits for people in regional and rural areas that need to travel for medical treatment.
An agreement has been entered into with the Medical Technology Association of Australia to lower the price of implanted medical devices from 1 February 2018. This has had immediate benefits for consumers in contributing to the lowest premium rise in seventeen years.
Consumers will be able to select a higher excess in exchange for a lower premium. This will be the first increase in the maximum excess since 2001.
Private health insurance will be simplified as insurers will be required to categorise products as gold/silver/bronze/basic, and use standardised definitions for treatments to make it clear what is and isn't covered in their policies.
The privatehealth.gov.au website will be upgraded to make it easier to compare insurance products, and insurers will be able to provide personalised information to consumers on their product every year.
The powers of the Private Health Insurance Ombudsman will be boosted and its resources increased to ensure consumer complaints are resolved clearly and quickly.
Following consultation with the private health insurance and medical sector, the Government has agreed to stop insurers from offering benefits for a range of natural therapies.
The Improved Models of Care Working Group will consider how to better support privately insured people's access to efficient and clinically appropriate mental health and rehabilitation services.
The Ministerial Advisory Committee on Out-of-pocket costs will provide options to improve the transparency of medical out-of-pocket costs.
The second tier default benefit, providing a safety net for consumers attending non-contracted hospitals, will continue, but the administration of eligibility will be transferred to the Department of Health.

4 - Policy options

In light of the Government's announcement of the private health insurance reform package (outlined in Section 3 above), two options have been considered:

1. Implement private health reform package; and

2. Maintain current arrangements (status quo).

1. Implement private health reform package

This consists of a suite of reform options, which must be implemented as a whole, to achieve the above objectives include:

Reform 1: Product Design Reforms - Gold, Silver, Bronze, Basic

Private health insurance products will be simplified for consumers through the creation of easy to understand categories of cover. From 1 April 2019, there will be four categories of hospital products (Gold, Silver, Bronze and Basic) and three categories of general treatment (extras) products (Gold, Silver and Bronze). The minimum coverage requirements for each product category will be developed by the Government during 2017-18 in consultation with the Private Health Ministerial Advisory Committee and industry more broadly before being implemented. Insurers will be required to identify which product category an insurance product fits into according to minimum product requirements specified in Commonwealth secondary legislation.

The Private Health Ministerial Advisory Committee and industry have been consulted on the minimum standards for each product category.

The Department expects to finalise the product categories by April 2018.

Reform 2: Product Design Reforms - remove waiting period for mental health

Support access to mental health by providing an enhanced safety net for policy holders requiring urgent hospital care for mental health conditions, by removing the two month wait period for upgrading psychiatric cover on a once off basis. This change will take effect from 1 April 2018.

Reform 3: Improved Models of Care Working Group

Establish the Improved Models of Care Working Group to provide advice to the Private Health Ministerial Advisory Committee on options to improve the delivery of mental health care and rehabilitation funded by private health insurance.

Reform 4: Standardised Clinical Definitions

The Government will introduce standard clinical definitions for insurers to use across all of their documentation across all platforms. This proposal will assist consumers in knowing their own products and being able to compare and understand different health insurance policies.

The Department is close to finalising a draft list of clinical definitions.

Focus groups and consumer testing is scheduled for March 2018 to ensure the list of clinical definitions is meaningful to consumers.

Reform 5: Improved access to travel and accommodation benefits for regional and rural areas

This will help privately insured regional and rural patients and their carers who need to travel for hospital/medical treatment undertaken away from where they live. Travel and accommodation benefits will be made eligible for risk equalisation, this creates an incentive to insurers to include (or improve) these benefits.

Reform 6: Information Provision Reforms

The Private Health Insurance Ombudsman (PHIO) website, privatehealth.gov.au, will be redeveloped to better assist consumers to choose a private health insurance product that best meets their health needs.

The role of the PHIO will also be expanded to enable it to conduct inspections of private health insurers.

A minimum data set will replace the current Standard Information Statement (SIS) as the regulated method by which insurers provide information to consumers.

Insurers will need to make system and/or process changes to undertake the minimum data set requirements. Information will need to be regularly updated by insurers to ensure data integrity on privatehealth.gov.au.

Reform 7: Consultation on measures to support transparency of out-of-pocket costs

The Government has established an expert committee to work with consumers, the medical sector and private health insurers on best practice models to make information on out-of-pocket costs charged by doctors more transparent to help consumers with private health insurance better understand out-of-pocket costs.

Reform 8: Discounts for 18 to 29 year olds

From 1 April 2019, insurers will be able to choose to offer products which provide premiums discounts for people aged 18 to 29 for hospital cover. The provision of discounted products by insurers will be voluntary. The maximum discount will build to 10% for people aged 18-25, and will remain until the person turns 41 after which time it will phase out at a rate of 2 percentage points per year for up to five years.

Reform 9: Prostheses List benefit reductions and reforms

This proposal will offer immediate relief for private health insurers by reducing benefits paid for medical devices on the Prostheses List, while the Department continues to work with the Prostheses List Advisory Committee (PLAC) to deliver medium to longer term better value for consumers of private health insurance.

Reform 10: Increasing permitted excess levels

From 1 April 2019 the legislated annual voluntary excess limits for private health insurance hospital products will be increased from $500 to $750 for singles and from $1,000 to $1,500 for couples/families. The updated legislation will allow, but not mandate, insurers to offer higher excess products with lower premiums.

Reform 11: Removing coverage for some natural therapies

From 1 April 2019, private health insurers will not be permitted to provide cover for natural therapies, with the exception of traditional Chinese medicine, chiropractic and massage therapy. Private health insurers will be required to remove cover for natural therapies from all general treatment products that provide cover for these therapies. The Commonwealth, through the Private Health Insurance Rebate, will therefore no longer subsidise these non-permitted therapies.

However, insurers can continue to offer access to these therapies as inducements for people to purchase cover, as long as the cost is not more than 12 per cent of the premium.

Reform 12: Improvements to second tier default benefit administrative arrangements

There will be a number of improvements to the second tier administrative arrangements to provide simplified administration and improved transparency and consistency of second tier default benefit arrangements. Second tier default benefit administrative arrangements refers to the process by which private hospitals without a contract with an insurer are assessed as eligible to receive no less than 85 per cent of the average charge for the equivalent episode of hospital treatment from insurers. This will include the Department of Health assessing private hospital applications for second tier default benefit eligibility on a cost recovery basis alongside its existing (delegated) role of declaring private hospitals for health insurance purposes. The existing industry-based Second Tier Advisory Committee (STAC) will be abolished.

2. Maintain current arrangements (status quo)

Maintaining the status quo would not impose additional regulatory burden on insurers or consumers as the existing arrangements would continue. While maintaining the current arrangements was considered, this option was not preferred as it would not meet the objective to improve the affordability of private health insurance and increase the information available to consumers. The continued decline in private health insurance participation would also be likely to continue. This would place pressure on the public health system, and increase costs to governments.

5 - What is the likely net benefit of each option?

1. Implement private health reform package

Implementing a suite of reforms would improve private health insurance and participation, and the information available to consumers in the short to medium term.

Benefit

Implemented in full, these reforms aim to:

increase affordability of private health insurance;
improve information available to consumers to allow them to more easily compare products and choose the most appropriate product for their needs/circumstances; and
maintain the sustainability of the private health system to ease the burden on the public health system.

The impacts of each reform are outlined in the table below:

Reform 1: Product Design Reforms - Gold, Silver, Bronze, Basic

This reform aligns with making information simpler for consumers, and more easily comparable.

Consumers

The 13.5 million people with private health insurance will be affected by the product categorisation changes. These changes will help to simplify private health insurance so that consumers know what they are, and are not, covered for. They will also make it easier for consumers to shop around and compare products, and find a product that meets their needs. Consumers who are considering purchasing private health insurance will also benefit from these changes. In conjunction with the other reform measures in this submission, this change will simplify private health insurance and help to restore consumers' perceptions of the value of private health insurance.

When consulted, consumers revealed that they find health insurance products complex and difficult to understand. They also reported experiencing considerable difficulty when trying to compare private health insurance products, and understand what services different products do, and do not, cover.

The new product categories will provide consumers with greater certainty about the services covered by each type of product. This reform aligns with the objective of making information simpler for consumers to understand.

Insurers

All private health insurance funds will be affected by these changes. The product categorisation changes should generate competitive pressures for insurers to reconfigure and enhance their products in such a way to acquire a product categorisation above Basic. PHMAC is well progressed in the development of the minimum product requirements for the product categories. The minimum coverage requirements for each product category (Gold, Silver and Bronze) will continue to be developed by the Government during 2017-18 in consultation with PHMAC and industry more broadly before being implemented. The two peak private health insurance bodies support these changes so the risks of achieving this aspect of the package are low.

Brokers

Private health insurance brokers will be impacted by these changes. It is likely they will need to update their IT systems and websites to reflect the new product category labels applied to products. Brokers are also likely to need to deliver training to sales staff on the new product categories that have been applied to products.

Reform 2: Product Design Reforms - remove waiting period for mental health

This reform aligns with the objective of improving access to private health and increasing the value of private health insurance.

Consumers

The enhanced mental health 'safety net' arrangements will help improve access to mental health services for privately insured patients. The 'waiting period exemption' will ensure that people with basic health cover (approximately 5 million people) are supported if they suffer an episode of mental illness and wish to upgrade their cover to immediately access higher benefits for care in a private hospital. The introduction of a waiting period exemption is likely to be utilised by approximately 1,400 patients each year.

Private mental health services are highly valued by people, particularly younger people. However, most basic and medium level hospital products provide limited cover for mental health services. Patients with these products who require overnight or multi-day care in a private hospital for a serious mental health condition will usually face large-out of pocket costs. Waiting periods for upgrading cover can prevent patients from accessing timely care.

Insurers

Removing limitations on the number of mental health sessions or treatments a consumer can access will have an additional cost and premium impact, but that impact is unable to be quantified because it depends on the consumer and provider response, which are both unknown. Addressing low value or inefficient mental health care and rehabilitation is likely to generate savings for private health insurers which can be passed on to consumers via lower premium increases. It can also provide options for services which better meet the needs of consumers. The two peak private health insurance bodies support these changes so the risks of not achieving this aspect of the package are low.

Reform 3: Product Design Reforms -Improved Models of Care Working Group

While the establishment of the Improved Models of Care Working Group will not have any direct impacts, advice provided to government may inform future policy decisions which could benefit consumers, carers, insurers and/or hospitals/providers.

This working group will provide advice to Government on options to replace admitted mental health and rehabilitation services which deliver inefficient care.

The working group will be comprised of consumers, clinical experts and representatives from the health insurance and private hospital sectors.

It is expected that the issues and options identified by the working group may extend beyond mental health and rehabilitation to other areas which have admission rates that are higher than clinically necessary or inefficient.

There is evidence to suggest that the existing funding arrangements for private health insurance provide inappropriate incentives for patients to be admitted to hospital for mental health and rehabilitation services when it may be more clinically appropriate and efficient to deliver services in a non-admitted or community based setting. This adds to the cost of care and leads to higher private health insurance premiums.

Reform 4: Standardised Clinical Definitions

This reform aligns with making information simpler for consumers, and more easily comparable.

Consumers

Standardising clinical definitions will have a positive impact on consumers as the current clinical definitions are inconsistent across different private health insurance products and are therefore can be confusing for consumers. By simplifying clinical definitions and mandating the use of the standard clinical definitions across all insurer material, consumers will be able to more easily compare health insurance policies and understand their own product. This proposal is also not expected to increase premiums.

Consultation showed that a key concern for consumers was product complexity and poor understanding of private health insurance products. Introducing standard clinical definitions for both inclusions and exclusions will assist consumers in making an informed choice about private health insurance and what services different products do, and do not, cover.

Insurers

While private health insurers agree that clinical definitions should be standardised for the benefit of consumers, it will reduce their flexibility in product design. Insurers will also need to update their systems in order to use the new standard clinical definitions. It is likely this will be done when insurers are also making changes to introduce the 'Product Design' and 'Information Provision for Consumers' initiatives.

Brokers

Private health insurance brokers will be impacted by these changes. It is likely they will need to update their IT systems and websites to reflect the new product category labels applied to products.

Reform 5: Improved access to travel and accommodation benefits for regional and rural areas

This reform aligns with the objective of improving access to private health insurance, in particular for people in regional and rural areas.

Consumers

This measure will improve the value of private health insurance products for regional and rural consumers. This change may result in an increased uptake for private health insurance in rural areas, where participation rates are lower than in urban areas. There is a small risk that additional costs to insurers of paying benefits for travel and accommodation will lead to a rise in overall premium costs but the increase is likely to be negligible.

Many consumers living in regional and rural areas believe that private health insurance provides lower value for money compared with urban consumers due to lack of available services. Improving transport and accommodation benefits will provide a direct benefit to people living in regional and rural Australia who need to travel to access treatment that is not available in their local region.

Insurers

Insurers are likely to support this change, particularly as benefits will be eligible for risk equalisation. This provides an incentive to insurers to include (or improve) travel and accommodation benefits. Insurers who attended the PHMAC rural workshop in December 2016 were broadly supportive of improving travel and accommodation benefits for regional and rural consumers. Some insurers raised concerns about changing risk equalisation to favour rural and remote consumers as they felt that making adjustments to benefit rural and remote consumers could set a precedent and lead to other segments wanting to receive similar benefits. It will not be mandatory for insurers to offer travel and accommodation benefits.

Currently around half of all private health insurers offer benefits for travel and accommodation for members who must travel to access medical services. Generally, travel and accommodation are only claimable by members with top level general treatment (extras) cover and the benefits offered are minimal.

Reform 6: Information Provision Reforms

These reforms align with the objective of making private health insurance simpler for consumers to understand, as well as affording greater consumer protections.

Consumers

This reform will benefit all private health insurance consumers. The redevelopment of privatehealth.gov.au will help consumers to choose the best private health product for their health needs by making it easier to compare multiple products. Consumers will have a choice in how they elect to receive information as insurers will be able to use the minimum data set in whichever format the consumer prefers. The information can be tailored to individuals, which will be more meaningful for consumers. The redeveloped website will be presented to consumers for focus group testing, user acceptance testing and assistance in developing the comparator functionality. Making private health insurance product data available to third parties in a malleable format will benefit consumers who choose to use a broker when looking to purchase private health insurance. The PHIO will be able to conduct inspections and audits of private health insurers to ensure they meet their regulatory obligations in relation to private health consumers. They will employ six additional staff members as investigators to focus on verifying customer activity records and addressing complaints by consumers in respect of private health and private hospital contractual arrangements, including prostheses. Having access to a health insurer's records directly within their premises, investigating officers will be able to ensure that an insurer is not overlooking records in responding to enquiries by the PHIO. This will also provide assurance to complainants that the PHIO are able to verify the accuracy of the information provided by insurers and not rely solely on the health insurer to respond to the PHIO without making any errors. PHIO's expanded role will strengthen their ability to protect consumers' interests and assist consumers to have confidence in PHIO's processes and the outcomes of their investigations. The government will seek to work in cooperation and partnership with the sector as an overarching principle.

Insurers

A minimum data set, the Private Health Insurance Statement, will replace the current Standard Information Statement (SIS) as the regulated method by which insurers provide information to consumers.

This new minimum data set, regulation regarding provision of this information (referred to in current legislation as the SIS) will be made technology neutral to reflect how consumers access information. This means that as well as post mail-outs, consumer information can also be provided via email, as a hyperlink and on the insurer's member portal, as long as it is provided according to the regulated timeframes in a format agreed by the consumer.

Product data provided by insurers to the PHIO for use on privatehealth.gov.au will be made publicly available in a consolidated and downloadable format. It will be optional for insurers to provide consumers with a Private Health Insurance Statement, which provides information on the amount of premium paid for the policy during a financial year and the amount (if any) under the premiums reduction scheme. Updated regulation will require the statement to be provided to a consumer on request.

Insurers will be able to provide the annual Lifetime Health Cover Statement with the premium change communication instead of as a separate item.

The costs incurred by insurers in changing the way in which information is provided to consumers will be mitigated by the removal of the regulatory requirement for all SIS, Lifetime Health Cover and Private Health Insurance Statements to be mailed out. The saving to insurers of not having to mail out this paperwork has been estimated to be in excess of $8 million.

There will be a small cost to insurers associated with these enhancements by way of increase to the Complaints Levy for the cost of the redevelopment and ongoing maintenance of privatehealth.gov.au and the cost of employing investigators to undertake the PHIO inspection function. Insurers will need to make system and/or process changes to undertake the minimum data set requirements. Information will need to be regularly updated by insurers to ensure data integrity on privatehealth.gov.au, so there will be costs associated with this initiative. These costs are mitigated by the removal of the regulatory requirement for insurers to mail out particular information including the Standard Information Statement at certain specified times (including annually), the annual Lifetime Health Cover Statement and the Private Health Insurance Statement.

Insurer representatives on the Private Health Ministerial Advisory Committee and the Information Provision for Consumers Working Group showed support for the redevelopment of privatehealth.gov.au and a minimum data set as they will benefit their members (and consumers more broadly) by making it easier to compare products and providing the appropriate information to make informed decisions.

Brokers

Providing access to private health insurance product data will allow brokers to provide consumers with advice on products across all health funds.

Reform 7: Consultation on measures to support transparency of out-of-pocket costs

While the establishment of the committee will not have a direct impact on consumers, it is likely that recommendations from the committee will be of benefit to consumers through increasing transparency of information and reducing information asymmetry.

Consumers

Out-of-pocket costs have been a long standing concern for private health insurance policy holders. While 86 per cent of services are covered under 'no' or 'known' gap arrangements, the remaining 14 per cent of services incur out-of-pocket costs not covered by insurers. One in seven patients is required to pay out-of-pocket costs which are often large and unexpected. The average out-of-pocket cost for spinal surgery is $2,250 and for brain surgery is $1,500. Patients often incur multiple out-of-pocket costs for the same procedure depending on the costs of the surgeon, assistant surgeon and anaesthetist who each bill the patient separately.

Making doctors' out-of-pocket costs more transparent will allow consumers to compare doctors' fees more easily and make an informed choice knowing the expected out-of-pocket costs.

Insurers

While the establishment of the committee and subsequent reporting will not have any direct impacts, advice provided to government may inform future policy decisions to benefit consumers, insurers and doctors.

The Government has established an expert committee to ensure a collaborative approach in determining the best model to make information on out-of-pocket costs charged by doctors more transparent and to help consumers with private health insurance better understand out-of-pocket costs.

This committee consists of experts representing medical craft groups, insurers and consumers.

Reform 8: Discounts for 18 to 29 year olds

This reform aligns with the objective of maintaining a viable and sustainable private health system. As discussed earlier, the viability and sustainability of the private health insurance system relies on a broad membership base. Encouraging more young people to take out private health insurance will benefit everyone.

Consumers

Consumers aged between 18 and 29 may be able to purchase a policy that offers an age-based discount and will pay lower premiums than would otherwise be the case. However, consumers may also find it more difficult to compare products if the sector introduces a variety of discount arrangements.

Younger Australians, particularly those under the age of 30, have far lower rates of private health insurance participation than most other age groups. This means that many young people are currently missing out on the benefits of private health insurance.

This reform aligns with the objective of improving access to private health insurance for a cohort of people who will be able to access private health insurance products at a lower premium amount than would otherwise be the case.

Insurers

Insurers may be able to encourage people aged under 30 years old to purchase private health insurance by providing age-based discounts for hospital products.

From 1 April 2019, insurers will be able to offer discounted private hospital cover to people aged 18 to 29. Legislation currently prevents insurers from offering premium discounts to people on the basis of their age.

Insurers will be able to offer premium discounts on hospital cover of two per cent for each year that a person is aged under 30, to a maximum of 10 per cent for 18 to 25 year olds. These discounts will gradually be phased out after an insured person turns 41.

Reform 9: Prostheses List benefit reductions and reforms

This reform aligns with the objective of reducing the cost of private health insurance for consumers.

Consumers

Consumers of private health insurance will benefit from lower premium increases than in previous years. They will continue to benefit from certainty of access to medical devices funded by private health insurance which the Prostheses List provides.

Private health insurers have publicly stated that every $200 million in prostheses benefits reductions will decrease private health insurance premiums by one per cent.

Insurers

Minimum benefits payable for almost all medical devices listed on the Prostheses list have been reduced since 1 February 2018 (reductions may vary). The 2018 round of benefit reductions is estimated to save private health insurers $188 million on prostheses expenditure in the 2018 premium year.

Further reductions to some devices' benefits will also occur on 1 February 2019 and 1 February 2020. Total estimated savings to private health insurers over the next four premium years 2018-2021) are more than a billion dollars.

Expenditure on prostheses accounts for 14 per cent of private health insurance hospital benefits paid annually. Evidence suggests that Prostheses List benefits are generally inflated when compared to the equivalent prices paid for devices in the public sector. Reducing prostheses expenditure places downward pressure on premium increases.

Medical device sponsors

Medical device sponsors will be impacted by lower prices in the private sector. To offset these impacts the government will look to introduce measures to deliver price stability, faster access to the private market through more efficient and transparent application and listing processes, and innovation support.

Hospitals

Although private hospitals will continue to benefit from certainty of reimbursement for medical devices supplied to patients, some hospitals currently obtain an additional revenue stream from supplying prostheses due to the difference between the price at which they buy prostheses and the charge to insurers based on the Prostheses List Benefit. Some hospitals are likely to object to this proposal on the basis it will reduce this revenue stream. It is likely that private hospitals will seek to regain lost revenue through higher prices in their contracts with private health insurers.

Reform 10: Increasing permitted excess levels

This reform aligns with the objective of reducing the cost of private health insurance for consumers.

Consumers

Maximum permitted excesses for private hospital insurance will be increased from $500 to $750 for singles and from $1000 to $1,500 for couples/families. Maximum voluntary permitted excesses have not changed since the year 2000 and increasing excesses to these levels will restore the risk sharing relativities for consumers to those that existed when the current levels were set. Consumers could choose to pay lower premiums by moving to a new maximum voluntary excess product. Actuarial analysis suggests increasing excess levels will reduce overall premiums on average by about 1 per cent. The premium impact for basic hospital products is expected to be slightly greater with an average premium reduction of around 1.2%. While consumers on higher excess products would pay reduced premiums, they would be subject to higher excess payments if they are admitted to hospital.

There is no requirement for consumers to move to products with higher excesses. It is expected that more affordable private health insurance will encourage more people to take out cover, which will result in $8 million expenditure over four years on the Private Health Insurance Rebate.

Insurers

There will be an incentive for insurers to offer higher excess products on the basis that premiums for these products would be more affordable for consumers. Consumers who move to higher excess products will tend to be healthier people who do not expect to claim. With healthier consumers contributing less to the overall premium pool, insurers will need to ensure that aggregate premiums paid by all members remain sufficient to cover expected claims. Therefore, it is expected that insurers will need to increase premiums for consumers who choose to purchase zero or low excess products. Insurers may also choose to close zero or low excess products in order to manage adverse selection risks (that is the risk that these products will predominantly be purchased by those consumers who most frequently use their insurance). Consumers who previously held these products will benefit from paying lower premiums, but will face higher excess payments if they are admitted to hospital. Actuarial analysis suggests that in 2019 approximately 8,300 additional people would be covered by private health insurance as a result of increasing maximum voluntary excess levels. Annual participation levels are expected to be a further 300 people higher each year after the year of introduction.

Insurers will be permitted to offer products with higher excesses from 1 April 2019.

State and Territory public hospitals

As an incentive to encourage private patient election, public hospitals often waive the excess that would otherwise be payable under a patient's health insurance policy. Maximum voluntary excess levels are currently set at $500; therefore the highest amount of revenue a public hospital could forgo by waiving the excess is limited to $500 per admission. Increasing maximum excess levels would result in public hospitals waiving excesses and forgoing revenue of up to $750 per admission. Public hospitals that continue to waive the excess will face reduced revenue, and will therefore have a slightly reduced incentive to continue with their policies of encouraging patients to elect to be treated as private patients.

Reform 11: Removing coverage for some natural therapies

This reform aligns with the objective of reducing the cost of private health insurance for consumers.

Consumers

Removing the Private Health Insurance Rebate from some natural therapies may reduce the perceived value of general treatment products for some consumers wishing to continue accessing natural therapies. The Rebate will be maintained for chiropractic, Chinese medicine and massage therapy.

Consumers will still be able to choose to access these natural therapies outside the private health insurance system. The approximately 55 per cent of the Australian population who hold coverage for general treatment (extras) insurance will benefit as changing coverage for the listed natural therapies will remove costs from the system and contribute to reducing private health insurance premium growth.

Insurers

Removing some natural therapy benefits from general treatment will result in reduced benefit outlays (savings) for insurers. Insurers may choose to pass the benefit of these savings to consumers through reduced premiums or enhanced general treatment benefits. Removing some natural therapy cover could reduce overall premiums (hospital and general treatment) by up to 0.1 per cent in 2019. Insurers have argued that the group of consumers which highly values natural therapies may choose to drop their private health insurance altogether if natural therapies are not covered and/or subsidised through the Private Health Insurance Rebate. However, it seems unlikely that there will be a material impact on membership, as relatively few members access benefits for natural therapies and many of these members will purchase private health insurance for a combination of reasons, not just to access benefits for natural therapies. In addition, about two-thirds of all benefits paid for natural therapies relate to massage, so this risk is largely mitigated by continuing to allow benefits for massage.

Some private health insurers provide access to gym services and other products as incentives for consumers to purchase private health insurance. Private health insurers may choose to fund natural therapies as incentives, which do not attract the Private Health Insurance Rebate.

However, insurers can continue to offer access to these therapies as inducements for people to purchase cover, as long as the cost is not more than 12 per cent of the premium.

Providers

The following natural therapies will be removed from general treatment products: Alexander technique, aromatherapy, Bowen therapy, Buteyko, Feldenkrais, herbalism, homeopathy, iridology, kinesiology, naturopathy, Pilates, reflexology, Rolfing, shiatsu, tai chi, and yoga. The decision to remove the above listed Natural Therapies was taken following a review conducted by the former Commonwealth Chief Medical Officer, who found there was no clear evidence demonstrating the efficacy of those therapies. Affected providers may be financially impacted by this proposal as the removal of coverage for natural therapies by general treatment products is likely to dampen demand. Natural therapy providers are considered a small occupation group with charges related to private health insurance totalling around $45 million (compared with the largest category of general treatment benefits, dental services, with private health insurance charges of $4.8 billion). The largest sub-group of natural therapy providers affected by this change would be Naturopaths (approximately 50 per cent of affected benefits), followed by exercise physiology (approximately 30 per cent of affected benefits).

Reform 12: Improvements to second tier default benefit administrative arrangements

This reform aligns with the objective of reducing administrative burden for hospitals and insurers, which in turn, may have a positive impact on consumers as they may have increased information available to them.

Consumers

Consumers may be better informed about hospitals' average out-of-pocket costs, increasing information transparency and reducing information asymmetry.

Insurers

Insurers will benefit from: reduced administrative burden as they will no longer need to categorise hospitals themselves for second tier purposes; and improved transparency from increased provision of HCP data. In the longer term, insurers will use significantly less resources to calculate second tier benefit schedules as these will only be fully calculated every third year.

Private Hospitals

Private hospitals will need to reapply for continued second tier eligibility less often than under current arrangements which will significantly reduce the resources required to maintain eligibility. From 1 January 2019, private hospitals will be able to apply directly to the Department of Health for recognition that they are eligible for second tier default benefits. This will replace the existing industry-based second tier advisory committee. The length of a private hospital's second tier eligibility approval will also be increased to align with the hospital's independent hospital accreditation cycle. Private hospitals will also have confidence that hospitals are being grouped consistently for the purposes of calculating and paying second tier default benefits across the health insurance sector. The Department of Health will also work with the Australian Commission on Safety and Quality in Health Care, the Australian Institute of Health and Welfare and the private health insurance and private hospital sectors to further streamline second tier administrative arrangements.

Private Hospitals choosing to apply for second tier eligibility will pay an application fee to cover the cost of assessing their application.

Regulatory Costs

There are regulatory costs associated with some of the options (Reforms 1, 2, 4, 6 and 11). Regulatory costs for these options are one-off costs, which primarily involve system changes and changes to information provided to consumers (both verbal and written) (e.g. labelling of products as "Gold, Silver, Bronze or Basic" and updating information to use standard clinical definitions).

There are regulatory savings associated with Reform 6 as there will be savings from making the provision of information to consumers technology neutral and allowing insurers to transmit information via email.

Other options do not have regulatory impacts as:

they are voluntary for insurers to participate in:

o
introducing travel and accommodation benefits into hospital treatment policies (Reform 5); and
o
discounts for 18-29 year olds (Reform 8);

are changes to currently existing arrangements with no additional regulatory burden:

o
changing maximum excess level amounts (Reform 10); and
o
moving second tier assessment to the Department from industry (Reform 12); or

are wholly government funded with no regulatory impact

o
options which establish committees (Reform 3 and 7).

In relation to Prostheses List benefit reductions (Reform 9), the department has a RIS exemption for making and amending the Prostheses Rules (OBPR RIS reference number 12116).

Detailed information about estimated regulatory costs is at Attachment A.

In summary:

Consumers will experience no regulatory cost.
Doctors will experience no regulatory cost.
Brokers will have a regulatory cost of $1.88 million annually over 10 years.
Insurers will have a regulatory cost of $3.27 million annually over 10 years.

Average annual regulatory costs (from business as usual)
Change in costs ($ million) Business Community organisations Individuals Total change in costs
Total, by sector $5.14 million $0 $0 $5.14 million
Cost offset ($ million) Business Community organisations Individuals Total, by source
Agency $0 $0 $0 $0
Are all new costs offset?

□   Yes, costs are offset           [ ✓ ]   No, costs are not offset           □   Deregulatory - no offsets required

Total (Change in costs - Cost offset) ($ million) = $5.14 million

The regulatory burden to business, community organisations and individuals has been quantified using the Regulatory Burden Measurement framework. Offsets will be found through identified regulatory savings and the portfolio's net regulatory objective will be met at the end of year reporting period.

2. Maintain current arrangements (status quo)

While under this option arrangements would be the same and there would be no additional regulatory burden on industry, it is also likely that there will be a continued decline in participation and continued consumer complaints about information provision arrangements.

Assessment

If the current arrangements are maintained there is a risk that private health insurance participation will decrease, putting pressure on premiums for remaining private health insurance customers and increasing pressure on the public health system.

In order to be successful at achieving the objectives to ensure affordable and simpler private health insurance, the reforms need to be implemented as a complete package. Taken as a complete package, these reforms will have the greatest impact as they are complementary, with some reforms focused on increasing affordability and product value, while other reforms are focused on making information simpler and more transparent for consumers. Through implementing Reforms 1-12, there would be changes to the current private health insurance arrangements to contribute to the ongoing viability of the system. If successful, it will help to mitigate the recent trend of a decline in private health insurance participation, assist in reducing private health insurance premium rises, compared with what they would have been without the reforms, and also result in improved access to information by consumers.

6 - Consultation and implementation

Establishment of the Private Health Ministerial Advisory Committee

Extensive consultation has been undertaken in the development of the reforms outlined in this RIS.

One of the key mechanisms for consultation with the sector has been through the PHMAC. PHMAC was established to bring together key groups in the private health sector to work in partnership on the development and implementation of possible reforms to private health insurance.

PHMAC agreed to the establishment of working groups on a number of topics including standard clinical definitions, information provision and second-tier and default benefits. Additionally, PHMAC agreed to hold a rural private health insurance workshop that was attended by some 32 participants from a range of stakeholder groups, including consumers, doctors, hospitals and insurers, to discuss improving the value of private health for regional and rural consumers.

Sector views

In general, the main concern of service providers is that people are covered for (i.e. receive a benefit for) more services. Insurers are concerned with product price and consumers are concerned with product affordability and transparency of information. The reform package strikes a balance between these objectives.

While there are diverse sector views, the package is broadly supported by stakeholders, who have been, and continue to be, consulted throughout the process. The table below lists the consultation undertaken to date.

Consultation to date

Time period Activity
2015
8 November - 7 December 40,408 responses to the online consumer survey
November Eight stakeholder roundtables attended by approximately 117 organisations
December 181 written submission received
2016
8 September - present Establishment of the Private Health Ministerial Advisory Committee, consisting of key representatives from major organisations the private health sector
12 December Rural and regional private health insurance workshop attended by 32 participants
2017
February-April Contracting and default benefits working group
February-April Information provision for consumers working group
March-April Clinical definitions working group
February, March, April, May, June, September and November Private Health Ministerial Advisory Committee meetings
October-December Risk equalisation working group
2018
8 February - present First meeting of Ministerial Advisory Committee on Out-of-pocket Costs
13 February Private Health Ministerial Advisory Committee meeting
26 February Roundtable with small group of insurers, hospitals and consumers to discuss mental health reform operational issues
27 February Minimum data set workshop
5-13 March Exposure draft of Private Health Insurance Legislation Amendment Bill 2018 released for comment
20 March - present First meeting of the Improved Models of Care Working Group

Implementation

During the implementation phase, there will be continued consultation with affected parties through the PHMAC, other committees (e.g. the Ministerial Advisory Committee on Out-of-pocket Costs and Improved Models of Care Working Group and its sub-groups) and focus groups/consumer testing.

The table [8] below provides a guide to when the reforms will be implemented.

Implementation timetable

Date Action
October 2017 • Prostheses Rules made reducing benefits by $188 million annually from 2018 and further $115 million in 2020
November to December 2017 • Establish advisory committees on:

Mental health care and rehabilitation care
Transparency of out-of-pocket costs.

• Mental health waiting period Rules made.
February 2018 • Reduced prostheses benefits come into effect.
March 2018 • Legislation introduced to Parliament to support:

Regional and rural travel and accommodation benefits
Discounts for young people
Increased excesses
Increased PHIO powers
Changes to standard information provision
Cost recovery for second tier eligibility.

April 2018 • Mental health waiting period Rules come into effect.
June 2018 • Legislation passed.

• Rules made to:

Give effect to Gold/Silver/Bronze/Basic and
standardised clinical definitions
Remove benefits for natural therapies
Set detailed framework for second tier eligibility
Increase Complaints Levy funding the PHIO.

October to December 2018 • Advice to government from advisory committees on mental health care and rehabilitation care and transparency of out-of- pocket costs received.
January 2019 • New second tier administrative arrangements begin.
April 2019 • Upgraded privatehealth.gov.au begins.

• Gold/Silver/Bronze/Basic and standardised clinical definitions begin to operate.

• Insurers can offer:

Discounts for young people
Increased excesses
and can no longer offer benefits for natural therapies

February 2020 • Second tranche of reduced prostheses benefits come into effect.

• Establish clinical definitions review committee.

Evaluation

These reforms aim to:

mitigate the recent trend of a decline in private health insurance participation. This will be measured from quarterly reports by the Australian Prudential Regulation Authority;
reduce private health premium rises, compared with what they would have been without the reforms. The reforms aim to keep average premium increases below 4.0 per cent in each year between 2018 and 2020, maintain membership levels at 55 per cent and above. Data from the yearly premium rounds will demonstrate the success of this. For example, in the recent 2018 premium round, there was the lowest average weighted premium increase in almost 17 years, at 3.95 percent; and
improve access to information by consumers. This will be measured by a reduction in complaints to the Private Health Insurance Ombudsman about complexity and costs of insurance.


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