3CHealth service not specified in an item

#### 3C Health service not specified in an item (1) The Minister may, by legislative instrument, determine that: (a) a specified health service, or a health service included in a specified class of health services, being a health service not specified in an item in the table, shall, or shall in specified circumstances, be treated, for the purposes of specified provisions of this Act, the regulations, the National Health Act 1953 or the regulations under that Act, as if: (i) the health service were whichever of the following is specified in the determination, namely: (A) both a professional service and a medical service; (B) a medical service; and (ii) there were an item in the general medical services table, the pathology services table or the diagnostic imaging services table that: (A) related to the health service; and (B) specified in respect of the health service a fee in relation to a State, being the fee and the State specified in the determination in relation to the health service; and (b) a specified provision of the regulations, a specified instrument made under or given pursuant to this Act or a specified provision of a specified instrument made under or given pursuant to this Act, being a provision or instrument, as the case may be, in which all or any of the following are specified, namely, a professional service, medical service or item, shall, or shall in specified circumstances, have effect as if: (i) the health service; or (ii) the item that, by virtue of subparagraph (a)(ii), relates to the health service; as the case requires, were also specified in the provision or instrument, as the case may be. (2) Subsection 12(2) of the Legislation Act 2003 does not apply to a determination under subsection (1) of this section. > Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments. (2A) A determination under subsection (1) may provide that the total of all amounts of medicare benefit paid or payable in respect of one or more eligible dental services provided to a person in a specified period must not exceed a specified amount. (2B) If a determination makes provision as mentioned in subsection (2A), medicare benefit is not payable, despite Part II, in respect of an eligible dental service provided to a person in the specified period to the extent that the total of all amounts of medicare benefit paid or payable for all such eligible dental services provided to the person in the specified period exceeds the specified amount. (3) A determination made under subsection (1) may make provision for and in relation to the specification of a matter or thing by applying, adopting or incorporating, with or without modification, the provisions of this Act or the regulations as in force at a particular time or as in force from time to time. (7) For the purposes of this section, an internal Territory shall be deemed to form part of the State of New South Wales. (7A) For the purposes of this section, Norfolk Island is taken to form part of the State of New South Wales. (8) In this section: > eligible dental service means: (a) dental treatment; and (b) a health service described in paragraph (d) of the definition of health service. > health service means: (a) medical, surgical, obstetric, dental or optometrical treatment; and (b) any other prescribed service, or service included in a prescribed class of services, whether or not related to treatment referred to in paragraph (a), that relates to health; and (d) the supply of prostheses in connection with dental treatment; but does not include the supply of any other prostheses. > service includes the supply of goods.