Amendments of the Health Commission (Charges) Regulations (ACT)
Regulations 1980 No . 8
Regulations under the Health Commission Ordinance 1975'
I, MICHAEL JOHN RANDAL MACKELLAR, the Minister of State for Health, hereby make the following Regulations under the Health Commission Ordinance 1975.
Dated this thirteenth day of May 1980.
MICHAEL MACKELLAR Minister of State for Health
| AMENDMENTS OF THE HEALTH COMMISSION (CHARGES) | REGULATIONS 2 |
Interpretation
1. Regulation 2 of the Health Commission (Charges) Regulations is
amended—
(a) by inserting, before the definition of "hospital insured person", the fol lowing definitions: " 'extensive care patient' means a patient who requires extensive
nursing care;
'extensive nursing care' means care of the type given in a nursing-
home to a person—
(a)
who, by reason of infirmity, or any illness, disease, inca pacity or disability, is bedridden or virtually bedridden and is wholly or substantially dependent on nursing care; or
(b)
who is undergoing treatment for any illness, disease, in capacity or disability and, for the purposes of that treat ment, is wholly or substantially dependent on nursing care;
(b) by omitting the definitions of "intensive nursing-home care" and "intensive-care patient"; (c) by inserting, after the definition of "medically insured person", the fol
lowing definition:
'health services hostel' means a hostel conducted by the Com
mission as a health services hostel;
'hospital' means premises approved as a hospital by the Minister
under section 24 of the Health Insurance Act 1973;";
" 'medical practitioner' means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;";
(d) by inserting, after the definition of "multiple-bed room", the following definition: " 'nursing-home type patient', in relation to a hospital, means an in patient of a hospital who has been such an in-patient for a con tinuous period exceeding 60 days, but does not include an in patient in respect of whom there is in force a certificate given under regulation 2B;";
(e) by omitting "intensive-care patient" from the definition of "ordinary patient" and substituting "extensive care patient"; and (f) by adding at the end thereof the following sub-regulations: "(2) For the purpose of ascertaining, for the purposes of the defini tion of 'nursing-home type patient' in sub-regulation (1), whether an in-patient in a hospital has been such an in-patient for a continuous period exceeding 60 days, there shall be taken into account—
(a)
any earlier period during which that patient was an in-patient in that hospital, in another hospital, in a nursing-home or in a health services hostel that forms one continuous period with the current period of hospitalisation of that patient; or
(b)
if there are 2 or more earlier periods during which that patient was an in-patient in that hospital, in any other hospital, in a nursing-home or in a health services hostel, that form one con tinuous period with one another and with the current period of hospitalisation of that patient—those earlier periods.
"(3) For the purposes of sub-regulation (2), 2 periods, being
periods during which a patient has been an in-patient in a hospital,
nursing-home or health services hostel (whether or not the same insti
tution) that are separated from each other by a period of not more
than 7 days during which the patient was not an in-patient in any hospital, nursing-home or health services hostel shall be deemed to form one continuous period with one another."(4) A reference in paragraph (2) (a) or (b) or in sub-regulation (3) to a nursing-home shall be read as a reference to a nursing-home conducted by the Commission.
"(5) A reference in these Regulations to a request by a patient shall, in relation to a patient who has not attained the age of 18 years, be read as including a request by a parent or guardian of the patient.".
2. After regulation 2 of the Health Commission (Charges) Regulations the following regulation is inserted:
Certification of hospital patient as needing acute care, &c.
"2B. (1) For the purposes of the definition of 'nursing-home type patient' in regulation 2, a medical practitioner may, at any time, certify that, in his opinion, a person who is an in-patient in a hospital is, and will continue to be for at least the period that the certificate is in force, in need of—
(a) acute care;
| (b) | professional attention for an acute phase of the patient's condition; |
(c) active rehabilitation; or
| (d) | continued management, for medical reasons, as an in-patient. |
"(2) A certificate given under sub-regulation (1) ceases to be in force on—
| (a) | the expiration of a period of 30 days commencing on the day on which it is given; or |
| (b) | such date before that expiration as is specified in the certificate.". |
Hospital fees
3. Regulation 3 of the Health Commission (Charges) Regulations is amended by omitting from sub-regulation (1) "the accommodation of patients (other than patients to whom sub-regulation (2) applies) in hospitals con ducted by the Commission" and substituting "the accommodation in hospitals conducted by the Commission of patients (not being nursing-home type patients or patients to whom sub-regulation (2) applies)".
4. After regulation 3 of the Health Commission (Charges) Regulations the following regulation is inserted:
Fees for nursing-home type patients in hospitals
"3AA. (1) The following charges for the accommodation in hospitals con ducted by the Commission of nursing-home type patients who have attained the age of 16 years are prescribed for the purpose of sub-section 74 (2) of the Ordinance:
(a)
for the accommodation in a multiple-bed room of an ordinary patient, not being a private patient—$7.85 per day;
(b)
for the accommodation, otherwise than at the patient's request, in a single room, of an ordinary patient, not being a private patient—$7.85 per day;
(c)
for the accommodation, at the patient's request, in a single room, of an ordinary patient, not being a private patient—$9.28 per day;
(d)
for the accommodation in a multiple-bed room of an ordinary patient, being a private patient—$23.15 per day;
(e)
for the accommodation, otherwise than at the patient's request, in a single room, of an ordinary patient, being a private patient—$23.15 per day;
(f)
for the accommodation, at the patient's request, in a single room, of an ordinary patient, being a private patient—$24.58 per day;
(g)
for the accommodation in a multiple-bed room of an extensive care patient, not being a private patient—$7.85 per day;
(h)
for the accommodation, otherwise than at the patient's request, in a single room, of an extensive care patient, not being a private patient—$7.85 per day;
(j)
for the accommodation, at the patient's request, in a single room, of an extensive care patient, not being a private patient—$9.28 per day;
(k)
for the accommodation in a multiple-bed room of an extensive care patient, being a private patient—$29.15 per day;
(1) for the accommodation, otherwise than at the patient's request, in a single room, of an extensive care patient, being a private patient—$29.15 per day;
(m) for the accommodation, at the patient's request, in a single room, of an extensive care patient, being a private patient—$30.58 per day.
"(2) The following charges for the accommodation in hospitals conducted by the Commission of nursing-home type patients who have not attained the age of 16 years are prescribed for the purpose of sub-section 74 (2) of the Ordinance:
(a)
for the accommodation, at the patient's request, in a single room, of an ordinary patient, not being a private patient—$2.43 per day;
(b)
for the accommodation in a multiple-bed room of an ordinary patient, being a private patient—$16.30 per day;
(c)
for the accommodation, otherwise than at the patient's request, in a single room, of an ordinary patient, being a private patient—$16.30 per day;
(d)
for the accommodation, at the patient's request, in a single room, of an ordinary patient, being a private patient—$17.73 per day;
(e)
for the accommodation, at the patient's request, in a single room, of an extensive care patient, not being a private patient—$2.43 per day;
(f) for the accommodation in a multiple-bed room of an extensive care patient, being a private patient—$22.30 per day; (g) for the accommodation, otherwise than at the patient's request, in a single room, of an extensive care patient, being a private patient—$22.30 per day; (h) for the accommodation, at the patient's request, in a single room, of an extensive care patient, being a private patient—$23.73.". 5. Regulation 4 of the Health Commission (Charges) Regulations is repealed and the following regulation substituted:
Nursing-home fees
"4. (1) The following charges for the accommodation in nursing-homes conducted by the Commission of patients who have attained the age of 16 years are prescribed for the purpose of sub-section 74 (2) of the Ordinance:
(a) for the accommodation of an ordinary patient in a multiple-bed
room $23.15 per day; (b)
for the accommodation of an ordinary patient, otherwise than at the patient's request, in a single room—$23.15 per day;
(c)
for the accommodation of an ordinary patient, at the patient's request, in a single room, not being a room referred to in paragraph (d)—$24.58 per day;
(d)
for the accommodation of an ordinary patient, at the patient's request, in a single room e q u i p p e d with ba th , shower or toi le t facilities—$26.01 per day;
(e)
for the accommodation of an extensive care patient in a multiple-bed room—$29.15 per day;
(f)
for the accommodation of an extensive care patient, otherwise than at the patient's request, in a single room—$29.15 per day;
(g)
for the accommodation of an extensive care patient, at the patient's re quest, in a single room, not being a room referred to in paragraph (h)—$30.58 per day;
(h)
for the accommodation of an extensive care patient, at the patient's re quest, in a single room equipped with bath, shower or toilet facilities—$32.01 per day.
"(2) The following charges for the accommodation in nursing-homes con- ucted by the Commission of patients who have not attained the age of 16 ;ars are prescribed for the purpose of sub-section 74 (2) of the Ordinance:
(a)
for the accommodation of an ordinary patient in a multiple-bed room—$16.30 per day;
(b)
for the accommodation of an ordinary patient, otherwise than at the patient's request, in a single room—$16.30 per day;
(c)
for the accommodation of an ordinary patient, at the patient's request, in a single room, not being a room referred to in paragraph
(d)—$17.73 per day; (d)
for the accommodation of an ordinary patient, at the patient's request, in a single room e q u i p p e d with b a t h , shower or toi let facilities—$ 19.16 per day;
(e)
for the accommodation of an extensive care patient in a multiple-bed room—$22.30 per day;
(f) for the accommodation of an extensive care patient, otherwise than at
the patient's request, in a single room $22.30 per day; (g)
for the accommodation of an extensive care patient, at the patient's re quest, in a single room, not being a room referred to in paragraph (h)—$23.73 per day;
(h)
for the accommodation of an extensive care patient, at the patient's re quest, in a single room equipped with bath, shower or toilet facilities—$25.16 per day.".
Repeal of regulation 5
6. Regulation 5 of the Health Commission (Charges) Regulations is
repealed.
Fees for health services hostels
7. Regulation 5A of the Health Commission (Charges) Regulations is amended by omitting from sub-section (1) the definition of "health services hostel".
Ambulance fees
8. Regulation 7 of the Health Commission (Charges) Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:
"(2) Where, at the request of a person or organization conducting a sport ing event or other public function, an ambulance vehicle is made available at the event or function, the prescribed charge, for the purpose of sub-section 72 (2) of the Ordinance is—
(a) where the vehicle is so made available for 4 hours or less—$ 150; or (b)
where the vehicle is so made available for more than 4 hours—the ag gregate of $150 and an amount calculated at the rate of $37.50 for each hour or part of an hour by which the period during which the ve hicle is so made available exceeds 4 hours.".
Prescribed classes of persons for the purposes of sub-section 74 (3) of the
Ordinance9. Regulation 9 of the Health Commission (Charges) Regulations is amended by omitting paragraph (a) of sub-regulation (2) and substituting the following paragraph:
"(a) persons who are in receipt of an age pension, an invalid pension, a widow's pension or a supporting parent's benefit under the Social Services Act 1947, or dependants of such persons;". NOTES
1. Notified in the Commonwealth of Australia Gazette on 22 May 1980. 2. Regulations 1975 No. 13 as amended by Regulations 1976 No. 18; 1977 Nos. 11, 15, 24
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