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Health Legislation Amendment (Improving Choice and Transparency for Private Health Consumers) Bill: Regulating Premiums

Announcement date

12 February 2026

Link to announcement 

https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7434 

More transparency and choice for Australian patients | Health, Disability and Ageing Ministers | Australian Government Department of Health, Disability and Ageing

Problem being addressed

Private health insurers can open a new health insurance product at any time, at any premium (price), without the Health Minister’s approval. This is different from the process for changing the premiums of existing products, where insurers must seek the Minister’s approval first. This difference has led to the practice of insurers closing a health insurance product and opening a similar new product priced much higher, referred to as ‘product phoenixing’. Product phoenixing can result in consumers paying higher prices for health insurance or receiving lower levels of value or coverage.

Proposal

This proposal would amend the Private Health Insurance Act 2007 to require insurers to seek the Health Minister’s approval of the premiums (price) they seek to charge on new health insurance products. Further, insurers would be required to seek the Minister’s premium approval before they make certain changes reducing the value or coverage of their existing health insurance products. Addressing product phoenixing was an election commitment in 2025.

Assessed Impact Analysis outcome

Adequate

Assessment comments

The Impact Analysis (IA) provides a sufficient overview of the problem and affected stakeholders. To be considered ‘Good practice’ as per the Australian Government Guide to Policy Impact Analysis, the IA would have benefitted from an assessment of the benefits of the proposal and any implementation risks, as well as an evaluation plan with identified responsibilities and resourcing for data collection.

Regulatory burden

The Department of Health, Disability and Ageing (DHDA) estimates a regulatory burden of approximately $480,000 per year in compliance costs across all 28 insurers. 

DHDA estimates that there would be no regulatory impact on individuals or community organisations.

OIA assessment of the Impact Analysis
Insufficient
Adequate
Good practice
Exemplary
Attachment File type Size
Certification Letter pdf 216.14 KB
Certification Letter docx 80.47 KB
Impact Analysis Summary pdf 183.84 KB
Impact Analysis Summary docx 278.74 KB
Impact Analysis pdf 323.96 KB
Impact Analysis docx 278.22 KB
OIA Assessment Letter pdf 115.31 KB
OIA Assessment Letter docx 245.36 KB