Health Services Amendment Regulation (No. 3) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 311 Health Services Act 1991 HEALTH SERVICES AMENDMENT REGULATION (No. 3) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3A Meaning of “residential care facility” . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 4 (Accommodation etc. charges) . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2A—RESIDENTIAL CARE FACILITIES FEES 8A Residents of residential care facilities . . . . . . . . . . . . . . . . . . . . . . . . 5 8B Occupiers of places under Aged Care Act 1997 (Cwlth) . . . . . . . . . 6 8C Occupiers of hostel places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8D Waiver of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s4 Health Services Amendment (No. 3) No. 311, 1997 ˙ Short title 1. This regulation may be cited as the Health Services Amendment Regulation (No. 3) 1997 . ˙ Commencement 2. This regulation commences on 1 October 1997. ˙ Regulation amended 3. This regulation amends the Health Services Regulation 1992 . ˙ Amendment of s 3 (Definitions) 4. Section 3— insert— ‘ “basic age pension amount” means the annual maximum basic rate under the Social Security Act 1991 (Cwlth), section 1064-B1 applying to a person who is not a member of a couple within the meaning of that section. “hostel place” means a place in Eventide Charters Towers, Eventide Rockhampton or Eventide Sandgate, other than a place allocated by the Commonwealth to the State under the Aged Care Act 1997 (Cwlth), section 14-1. “place” has the meaning given by the Aged Care Act 1997 (Cwlth), schedule 1. “rent assistance amount” means the annual maximum rent assistance rate under the Social Security Act 1991 (Cwlth), section 1064-D5 applying to a person who, within the meaning of that section, is not a member of a couple. “residential care facility” see section 3A. “under 18 disability support pension amount” means the annual maximum basic rate under the Social Security Act 1991 (Cwlth), section 1066A-B1 applying to a person who, within the meaning of that section, is—

s5 3 s5 Health Services Amendment (No. 3) No. 311, 1997 (a) not a member of a couple; and (b) under 18 years; and (c) living away from the person’s parental home because of a medical condition of the person; and (d) without a dependent child. “under 18 rent assistance amount” means the annual maximum rent assistance rate under the Social Security Act 1991 (Cwlth), section 1066A-EA12 applying to a person who, within the meaning of that section, is— (a) not a member of a couple; and (b) in disability accommodation. “under 21 disability support pension amount” means the annual maximum basic rate under the Social Security Act 1991 (Cwlth), section 1066A-B1 applying to a person who, within the meaning of that section, is— (a) not a member of a couple; and (b) 18 years or more; and (c) not living at a home of a parent of the person; and (d) without a dependent child. “under 21 rent assistance amount” means the annual maximum rent assistance rate under the Social Security Act 1991 (Cwlth), section 1066A-EB13 applying to a person who, within the meaning of that section, is— (a) not a member of a couple; and (b) in disability accommodation.’. ˙ Insertion of new s 3A 5. Part 1, after section 3— insert—

s6 4 s7 Health Services Amendment (No. 3) No. 311, 1997 ˙ ‘ Meaning of “residential care facility” ‘ 3A.(1) A “residential care facility” is a nursing home, hostel or other facility operated by the State at which accommodation, and nursing or personal care, is provided to persons who, because of infirmity, illness, disease, incapacity or disability, have a continuing need for nursing or personal care. ‘ (2) However, a residential care facility does not include a public sector hospital.’. ˙ Amendment of s 4 (Accommodation etc. charges) 6. Section 4(3) and (4)— omit. ˙ Insertion of new s 4A 7. After section 4— insert— ‘ Accommodation etc. charges—nursing home type patients ‘ 4A.(1) This section specifies the fees payable by nursing home type patients for each day of residence at a public sector hospital. ‘ (2) The fee payable by a patient who is 16 years or more but under 18 years is the amount worked out using the following formula— 87.5 % x U18 DSPA + U18 RAA NDY ‘ (3) The fee payable by a patient who is 18 years or more but under 21 years is the amount worked out using the following formula— 87.5 % x U21 DSPA + U21 RAA NDY ‘ (4) The fee payable by a patient who is 21 years or more is the amount

s8 5 s8 Health Services Amendment (No. 3) No. 311, 1997 worked out using the following formula— 87.5 % x BAPA + RAA NDY ‘ (5) If the patient is a patient of a private medical practitioner, the patient must, in addition to the amount worked out under subsections (2) to (4), pay the relevant amount specified in schedule 4 of the determination made under the National Health Act 1953 (Cwlth), schedule 1, paragraph (bj). ‘ (6) However, the chief executive may waive, wholly or partially, payment of a fee mentioned in subsections (2) to (5) if the chief executive is satisfied payment of the fee would cause the patient financial hardship. ‘ (7) In this section— “BAPA” means basic age pension amount. “RAA” means rent assistance amount. “NDY” means number of days in the year. “U18 DSPA” means under 18 disability support pension amount. “U18 RAA” means under 18 rent assistance amount. “U21 DSPA” means under 21 disability support pension amount. “U21 RAA” means under 21 rent assistance amount.’. ˙ Insertion of new pt 2A 8. After section 8— insert— ‘ PART 2A—RESIDENTIAL CARE FACILITIES FEES ˙ ‘ Residents of residential care facilities ‘ 8A.(1) This section specifies the fees payable by residents of residential care facilities for each day of residence at a residential care facility, other than— (a) residents occupying places allocated by the Commonwealth to the

s8 6 s8 Health Services Amendment (No. 3) No. 311, 1997 State under the Aged Care Act 1997 (Cwlth), section 14-1; 1 and (b) residents occupying hostel places. 2 ‘ (2) The fee payable by a resident who is 16 years or more but under 18 years is the amount worked out using the following formula— 87.5 % x U18 DSPA + U18 RAA NDY ‘ (3) The fee payable by a resident who is 18 years or more but under 21 years is the amount worked out using the following formula— 87.5 % x U21 DSPA + U21 RAA NDY ‘ (4) The fee payable by a resident who is 21 years or more is the amount worked out using the following formula— 87.5 % x BAPA + RAA NDY ‘ (5) In this section— “BAPA” means basic age pension amount. “RAA” means rent assistance amount. “NDY” means number of days in the year. “U18 DSPA” means under 18 disability support pension amount. “U18 RAA” means under 18 rent assistance amount. “U21 DSPA” means under 21 disability support pension amount. “U21 RAA” means under 21 rent assistance amount. ˙ ‘ Occupiers of places under Aged Care Act 1997 (Cwlth) ‘ 8B.(1) This section applies to residents of residential care facilities occupying places allocated by the Commonwealth to the State under the 1 These residents pay the fees stated in section 8B. 2 These residents pay the fees stated in section 8C.

s9 7 s9 Health Services Amendment (No. 3) No. 311, 1997 Aged Care Act 1997 (Cwlth), section 14-1. ‘ (2) The fee payable by a resident for each day of residence at a residential care facility is the maximum daily amount of resident fees for the resident worked out under the Aged Care Act 1997 (Cwlth), section 58-2. ˙ ‘ Occupiers of hostel places ‘ 8C.(1) This section applies to persons occupying hostel places. ‘ (2) The fee payable by a person occupying a hostel place for each day of residence at Eventide Charters Towers, Eventide Rockhampton or Eventide Sandgate is the amount worked out using the following formula— 66.67 % x BAPA + RAA NDY ‘ (3) In subsection (2)— “BAPA” means basic age pension amount. “RAA” means rent assistance amount. “NDY” means number of days in the year. ˙ ‘ Waiver of fee ‘ 8D. The chief executive may waive, wholly or partially, payment of a fee mentioned in sections 8A to 8C if the chief executive is satisfied payment of the fee would cause the resident financial hardship.’. ˙ Repeals 9. The following regulations are repealed— • Charges in Respect of Nursing Homes and Hostels Regulation 1988 • Homes for the Aged Regulation 1987 .

8 Health Services Amendment (No. 3) ENDNOTES 1. Made by the Governor in Council on 25 September 1997. 2. Notified in the gazette on 26 September 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. © State of Queensland 1997 No. 311, 1997