Health Services and Mental Health Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 59 Health Services Act 1991 Mental Health Act 1974 HEALTH SERVICES AND MENTAL HEALTH AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF HEALTH SERVICES REGULATION 1992 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3B Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new pt 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2B—EXTENDED TREATMENT FACILITIES AND PSYCHOGERIATRIC UNIT FEES Division 1—General 9 Application of certain sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9A Patient with acute care certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9B Fees not payable for first 35 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9C Fees not payable for last 30 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9D Waiver of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Extended treatment facilities fees 9E Extended treatment facilities fees other than psychogeriatric unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 Division 3—Psychogeriatric unit fees 9F Psychogeriatric unit fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 7—TRANSITIONAL PROVISIONS 14 Fees for certain patients in psychogeriatric units . . . . . . . . . . . . . . . 6 PART 3—AMENDMENT OF MENTAL HEALTH REGULATION 1985 7 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Omission of ss 63 and 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 3 s3 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Health Services and Mental Health Amendment Regulation (No. 1) 2000 . PART 2—AMENDMENT OF HEALTH SERVICES REGULATION 1992 ˙ Regulation amended in pt 2 2. This part amends the Health Services Regulation 1992 . ˙ Amendment of s 3 (Definitions) 3. Section 3— insert — ‘ “acute care certificate” means a certificate that— (a) is issued by a doctor treating a patient in an extended treatment facility; and (b) states the patient is in need of acute care for the period stated in the certificate; and (c) is in a form approved by the chief executive. “extended treatment facility” means a facility that provides specialised extended in-patient treatment and rehabilitation to persons with a mental illness. “psychogeriatric unit” means a part of an extended treatment facility that provides specialised extended in-patient treatment and rehabilitation to persons with a mental illness who also suffer an age-related condition.’.

s4 4 s5 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 ˙ Insertion of new s 3B 4. Part 1, after section 3A— insert — ˙ ‘ Chief executive may approve forms ‘ 3B. The chief executive may approve forms for use under the Act.’. ˙ Insertion of new pt 2B 5. After section 8D— inser t— ‘ PART 2B—EXTENDED TREATMENT FACILITIES AND PSYCHOGERIATRIC UNIT FEES ‘ Division 1—General ˙ ‘ Application of certain sections ‘ 9. Subject to section 9F, sections 4, 4A and 8A 1 do not apply to patients in extended treatment facilities. ˙ ‘ Patient with acute care certificate ‘ 9A. The fees mentioned in this part are not payable by a patient in an extended treatment facility who holds an acute care certificate. ˙ ‘ Fees not payable for first 35 days ‘ 9B.(1) The fees mentioned in this part are not payable by a patient for the first 35 days the patient is a patient in an extended treatment facility. 1 Sections 4 (Accommodation etc. charges), 4A (Accommodation etc. charges—nursing home type patients) and 8A (Residents of residential care facilities

s5 5 s5 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 ‘ (2) Subsection (1) does not apply if the patient has been a resident of a residential care facility immediately before becoming a patient. ˙ ‘ Fees not payable for last 30 days ‘ 9C.(1) The fees mentioned in this part are not payable by a patient for the last 30 days the patient is a patient in an extended treatment facility. ‘ (2) Subsection (1) does not apply if the patient is transferred to a public sector hospital or residential care facility. ˙ ‘ Waiver of fee ‘ 9D. The chief executive may waive, wholly or partially, payment of a fee mentioned in this part if the chief executive is satisfied payment of the fee would cause the patient financial hardship. ‘ Division 2—Extended treatment facilities fees ˙ ‘ Extended treatment facilities fees other than psychogeriatric unit ‘ 9E.(1) This section states the daily fees payable by patients in extended treatment facilities, other than patients in a psychogeriatric unit. ‘ (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— 66.67 % 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— 66.67 % x U21 DSPA + U21 RAA NDY . ‘ (4) The fee payable by a patient who is 21 years or more is the amount worked out using the following formula—

s6 6 s6 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 66.67 % x BAPA + RAA NDY . ‘ (5) In this section— “BAPA” means basic age pension amount. “NDY” means number of days in the year. “RAA” means rent assistance amount. “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. ‘ Division 3—Psychogeriatric unit fees ˙ ‘ Psychogeriatric unit fees ‘ 9F. The fees payable by a patient in a psychogeriatric unit are the fees that would be payable under section 8A if the patient were a resident of a residential care facility.’. ˙ Insertion of new pt 7 6. After section 13— insert — ‘ PART 7—TRANSITIONAL PROVISIONS ˙ ‘ Fees for certain patients in psychogeriatric units ‘ 14.(1) This section applies to a patient who— (a) immediately before the commencement of this section was— (i) a patient in a facility which, on the commencement, is a psychogeriatric unit; and

s7 7 s8 Health Services and Mental Health Amendment (No. 1) No. 59, 2000 (ii) paying the fees mentioned in the Mental Health Regulation1985 , section 63(1); and (b) on the commencement is a patient in the unit. ‘ (2) The fees payable by the patient while the patient remains a patient in the unit are the fees that would be payable under part 2B if the patient were a patient in an extended treatment facility other than a psychogeriatric unit.’. PART 3—AMENDMENT OF MENTAL HEALTH REGULATION 1985 ˙ Regulation amended in pt 3 7. This part amends the Mental Health Regulation 1985 . ˙ Omission of ss 63 and 63A 8. Sections 63 and 63A— omit. ENDNOTES 1. Made by the Governor in Council on 6 April 2000. 2. Notified in the gazette on 7 April 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. © State of Queensland 2000