Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p20
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 20/56)
Character Range: 132542–135461

section 121‑8.

121‑10  Meaning of general treatment
 (1) General treatment is treatment (including the provision of goods and services) that:
 (a) is intended to manage or prevent a disease, injury or condition; and
 (b) is not *hospital treatment.
 (2) Without limiting subsection (1), general treatment includes any other treatment, or treatment included in a class of treatments, specified in the Private Health Insurance (Health Insurance Business) Rules for the purposes of this subsection.
 (2A) Despite paragraph (1)(b), general treatment also includes benefits for travel or accommodation relating to hospital treatment.
 (3) Despite subsections (1), (2) and (2A), neither of the following is *general treatment:
 (a) the rendering in Australia of a service for which *medicare benefit is payable (or would be payable if section 19AD of the Health Insurance Act 1973 were disregarded), unless the Private Health Insurance (Health Insurance Business) Rules provide otherwise;
 (b) any other treatment, or treatment included in a class of treatments, specified in the Private Health Insurance (Health Insurance Business) Rules for the purposes of this paragraph.

121‑15  Extension to employee health benefits schemes
 (1) An arrangement is an employee health benefits scheme if:
 (a) the arrangement provides for a person (an employer) to arrange payment in respect of the whole or part of the fees and charges that an employee of, or a person providing services to, the employer incurred in relation to *hospital treatment or *general treatment; and
 (b) one or more of the following applies:
 (i) the employer is a *constitutional corporation;
 (ii) the employer is a body corporate incorporated in a Territory;
 (iii) the employer carries on business in a Territory.
 (2) It does not matter for the purposes of this section whether the arrangement:
 (a) constitutes a business of undertaking liability by way of insurance; or
 (b) is a minor or incidental part of the employer's business; or
 (c) does not require the employee, or person providing services, to pay any contributions; or
 (d) does not require the employee, or person providing services, to pay contributions that reflect the value of the benefits that the employer is providing under the arrangement; or
 (e) provides for the employer to make payments in relation to *hospital treatment, or *general treatment, provided to a person other than the employee or person providing services; or
 (f) confers on the employer or another person a discretion whether to make payments.
 (3) However, an arrangement:
 (a) is not an *employee health benefits scheme merely because, under the arrangement, the employer will pay, or will reimburse employees, or persons providing services, for payment of, one or both of the following:
 (i) the premiums payable by them for *complying health insurance policies;
 (ii) the difference between benefits payable