Health Commission (Charges) Regulations (Amendment) (ACT)

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Regulations 1980 No. 17'

Health Commission (Charges) Regulations2

(Amendment)

I, MICHAEL JOHN RANDAL MACKELLAR, the Minister of State for Health, hereby make the following Regulations under the Health Commission Ordinance 1975.

Dated 22 December 1980.
MICHAEL MACKELLAR Minister of State for Health

Principal Regulations

1. In these Regulations, "Principal Regulations" means the Health

Commission (Charges) Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by omitting the

definition of "medical practitioner" and substituting the following definition:

" 'medical practitioner' means a person registered as a medical practitioner under the Medical Practitioners Registration Ordinance 1930;".

Hospital fees

together as 1 day.".
3. Regulation 3 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (2) "$136 for each period of 24 hours or part of such a period during which the patient is accommodated in the hospital" and substituting "$ 165 per day";
(b) by omitting from sub-regulation (3A) "$136 for each period of 24 hours or part of such a period during which the patient is accommodated in the hospital" and substituting "$165 per day"; and
(c) by omitting sub-regulation (5) and substituting the following sub-regulation:
"(5) For the purposes of sub-regulation (1), (2) or (3A), the day on which a person commences to be accommodated in a hospital as a patient for whose accommodation the fees are to be charged in accordance with the provisions of that sub-regulation and the day on which that person ceases to be so accommodated shall be counted
Fees for nursing-home type patients in hospitals
4. Regulation 3AA of the Principal Regulations is amended by adding at the end thereof the following sub-regulation:
"(3) For the purposes of this regulation, the day on which a person commences to be accommodated in a hospital as a patient for whose accommodation the fees are to be charged in accordance with the provisions of this regulation and the day on which that person ceases to be so accommodated shall be counted together as 1 day.".
Out-patient fees
5. Regulation 3A of the Principal Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:
"(2) Where a professional service, other than a pathology service or a service to which sub-regulation (1) or (1A) applies, is provided by the Commission to a hospital insured person as an out-patient at a hospital conducted by the Commission, the prescribed charge for the purpose of sub-section 74 (2) of the Ordinance for that service is $8.".
Nursing-home fees
6. Regulation 4 of the Principal Regulations is amended by adding at the end thereof the following sub-regulation:

"(3) For the purpose of this regulation, the day of admission and the day of
discharge or death of a patient at a nursing-home shall be counted together as 1
day.".
Fees for health services hostels
7. Regulation 5A of the Principal Regulations is amended—

(a) by omitting from sub-regulation (2) "or part of a day" (wherever occurring);
(b) by omitting from paragraph (2) (c) "$6.29" and substituting "$6.58";

and
(c) by omitting sub-regulation (3) and substituting the following sub-regulation:
"(3) For the purpose of sub-regulation (2), the day of admission and the day of discharge or death of a person at a health services hostel shall be counted together as 1 day.".

Fees for medical services, other than pathology services
8. Regulation 6A of the Principal Regulations is amended—

(a) by omitting from paragraph (2) (a) "or" (last occurring); and
(b) by adding at the end of sub-regulation (2) the following paragraphs:

"(c) a professional service provided at the request of a member of the Australian Federal Police acting in his capacity as such a member; or

(d)

a professional service provided in accordance with a request made, or a direction given, under, or for the purposes of, a law in force in the Territory.".

Fees for pathology services for persons other than non-eligible persons, &c.

9. Regulation 6B of the Principal Regulations is amended—

(a)

by inserting in sub-regulation (1) "and regulation 6C" after "regulation";

(b)

by omitting from paragraph (3) (b) "a police force of the Commonwealth or of the Territory" and substituting "the Australian Federal Police";

(c)

by omitting from paragraph (3) (d) "or a non-eligible person" (twice occurring); and

(d)

by omitting from paragraph (3) (f) "3A (1) or (2 ) " and substituting

"3A

(2)" .

10. After regulation 6B of the Principal Regulations the following

regulation is inserted:

Fees for pathology services for non-eligible persons, &c.

"6C. (1) Where a pathology service is provided by the Commission to—

(a) a non-eligible person; or

(b) a person who, in the opinion of the Chief Medical Administrator of the hospital at which the pathology service is provided, has, or may have, a right to recover from another person, by way of compensation or damages, the cost of the service,

the prescribed charge for the purpose of sub-section 74 (2) of the Ordinance for that service is an amount equal to the fee specified in relation to the service in the standard medical benefits table in relation to the State of New South Wales.

"(2) Sub-regulation (1) does not apply in relation to—

(a)

a pathology service provided to a person in connection with the taking from that person of blood for use in, or in connection with, the treatment of another person;

(b)

a pathology service provided at the request of a member of the Australian Federal Police acting in his capacity as such a member;

(c)

a pathology service provided in accordance with a request made, or a direction given, under, or for the purposes of, a law in force in the Territory;

(d)

a pathology service provided in the course of a programme of child health care conducted by the Commission; and

(e)

a pathology service provided by the Commission in connection with a professional service provided to a person as an out-patient at a hospital conducted by the Commission, not being a professional service to which sub-regulation 3A (2) applies.".

Prescribed classes of persons for the purposes of sub-section 74 (3) of the

Ordinance

11. Regulation 9 of the Principal Regulations is amended—

(a) by adding at the end of sub-regulation (1) the following definition:
" 'school' includes a secondary college."; and

(b)

by omitting from paragraph (2) (d) "have not attained the age of 18 years and" and substituting "are students at a school".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.
2. Regulations 1975 No. 13 as amended by 1976 No. 18; 1977 Nos. 11, 15, 24 and 28; 1978

Nos. 7 , 8 , 1 5 , 1 7 , 1 8 and 19; 1979 Nos. 5 , 14 ,17 and 23; 1980 Nos. 3 , 8 , 9 , 1 3 and 16.

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(a)	by omitting from sub-regulation (2) "$136 for each period of 24 hours or part of such a period during which the patient is accommodated in the hospital" and substituting "$ 165 per day";
(b)	by omitting from sub-regulation (3A) "$136 for each period of 24 hours or part of such a period during which the patient is accommodated in the hospital" and substituting "$165 per day"; and
(c)	by omitting sub-regulation (5) and substituting the following sub-regulation:

(a)	by omitting from paragraph (2) (a) "or" (last occurring); and
(b)	by adding at the end of sub-regulation (2) the following paragraphs:

"(c)	a professional service provided at the request of a member of the Australian Federal Police acting in his capacity as such a member; or
(d)	a professional service provided in accordance with a request made, or a direction given, under, or for the purposes of, a law in force in the Territory.".

"(2) Sub-regulation (1) does not apply in relation to—
(a)	a pathology service provided to a person in connection with the taking from that person of blood for use in, or in connection with, the treatment of another person;
(b)	a pathology service provided at the request of a member of the Australian Federal Police acting in his capacity as such a member;
(c)	a pathology service provided in accordance with a request made, or a direction given, under, or for the purposes of, a law in force in the Territory;
(d)	a pathology service provided in the course of a programme of child health care conducted by the Commission; and
(e)	a pathology service provided by the Commission in connection with a professional service provided to a person as an out-patient at a hospital conducted by the Commission, not being a professional service to which sub-regulation 3A (2) applies.".