Hospital Benefits (Private Hospitals) Regulations (Amendment) (Cth)

statutory rules.

1951. No. 28.

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REGULATIONS UNDER THE HOSPITAL BENEFITS ACT 1945-1948.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Hospital Benefits Act 1945-1948.

Dated this thirtieth day of March, 1951.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

EARLE PAGE

Minister of State for Health.

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Amendments of the Hospital Benefits (Private Hospitals) Regulations.

Commencement.

1. These Regulations shall come into operation on a date to be fixed by the Minister by notice in the Gazette.

Heading.

2. Before regulation 1 of the Hospital Benefits (Private Hospitals) Regulations the following heading is inserted :—

“ Part I.—Preliminary.”.

3. After regulation 2 of the Hospital Benefits (Private Hospitals) Regulations the following regulation is inserted :—

Parts.

“ 2a. These Regulations are divided into Parts as follows :—

Part I.—Preliminary. (Regulations 1-3)

Part II.—Approval of Private Hospitals. (Regulations 4-9)

Part III.—Fees. (Regulations 10-11)

Part IV.—Payment of Benefits. (Regulations 12-16)

Part V.—Payment of Additional Benefits. (Regulations 16a-16p.)

Part VI.—Miscellaneous. (Regulations 17-19).”.

Interpretation.

4. Regulation 3 of the Hospital Benefits (Private Hospitals) Regulations is amended—

(a) by inserting, after the definition of “ qualified patient ”, the following definition :—

“ the Deputy Director ”, in relation to a private hospital situated in a State other than the State of Tasmania, means the Commonwealth Deputy Director

 

* Notified in the Commonwealth Gazette on 2nd April, 1951.

  Statutory Rules 1946, No. 2, as amended by Statutory Rules 1946, No. 52; 1947, No. 56; 1948, No. 151; 1949, No. 12; and 1950, No. 77.

1632.—Price 5d.

 

of Health for that State, in relation to a private hospital situated in the State of Tasmania, means the Senior Commonwealth Medical Officer in that State and, in relation to a private hospital in a Territory of the Commonwealth, means the Director-General; ”; and

(b) by omitting the definition of “ the Senior Commonwealth Medical Officer ”.

Heading.

5. Before regulation 4 of the Hospital Benefits (Private Hospitals) Regulations the following heading is inserted :—

“ Part II.—Approval of Private Hospitals.”.

Applications for approval of private hospitals.

6. Regulation 4 of the Hospital Benefits (Private Hospitals) Regulations is amended by omitting from sub-regulation (2.) the words “ the Senior Commonwealth Medical Officer ” and inserting in their stead the words “ the Deputy Director ”.

Private Hospitals Benefits Committees.

7. Regulation 5 of the Hospital Benefits (Private Hospitals) Regulations is amended by omitting the words “ the Senior Commonwealth Medical Officer ” (wherever occurring) and inserting in their stead the words “ the Deputy Director ”.

Functions of Committees.

8. Regulation 6 of the Hospital Benefits (Private Hospitals) Regulations is amended by omitting the words “ the Senior Commonwealth Medical Officer ” and inserting in their stead the words “ the Deputy Director ”.

Heading.

9. Before regulation 10 of the Hospital Benefits (Private Hospitals) Regulations the following heading is inserted :—

“ Part III.—Fees.”.

Heading.

10. Before regulation 12 of the Hospital Benefits (Private Hospitals) Regulations the following heading is inserted :—

“ Part IV.—Payment of Benefits.”.

Heading.

11. After regulation 16 of the Hospital Benefits (Private Hospitals) Regulations the following Part is inserted :—

“ Part V.—Payment of Additional Benefits.

Interpretation.

“ 16a.—(1.) In this Part, unless the contrary intention appears—

‘ contributing patient ’ means a qualified patient who is a contributor to the funds of a registered organization and includes a qualified patient who is the spouse or a dependant of such a contributor ;

‘ organization ’ means an organization which, in accordance with its rules, makes payment of amounts at a rate of not less than Six shillings per day to, or in respect of, a contributor to its funds for hospital treatment provided at a private hospital for the contributor or the spouse or a dependant of the contributor ;

 

‘ the Committee ’ means the committee referred to in regulation 16d of these Regulations ;

‘ registered organization ’ means an organization registered under this Part.

“ (2.) For the purposes of this Part—

(a) a private hospital which, by reason of contributions made by a person for the purpose of obtaining hospital treatment without charge or at a reduced charge, provides hospital treatment to that person or to the spouse or a dependant of that person without charge or at the reduced rate shall be deemed to be an organization ; and

(b) a person shall be deemed to be a dependant of a contributor to the funds of an organization if, in accordance with the rules of the organization, a payment is made from the funds of the organization for hospital treatment provided at a private hospital for that person.

Application for registration.

“ 16b.—(1.) An organization may apply for registration under this Part.

“ (2.) The application shall be in accordance with the authorized form and shall be lodged with the Director-General.

Director-General may require information and documents to be furnished.

“ 16c.—(1.) The Director-General may by notice in writing require an organization, or an officer of an organization, that has applied for registration under this Part to furnish to him within the time specified in the notice—

(a) a copy of the rules of the organization certified by the appropriate officer;

(b)such information relating to the number of members of, finances of, contributions made to, and payments made by, the organization as is required by the notice; and

(c) extracts from, or copies of, such books, documents and accounts as are specified in the notice.

“ (2.) The extracts and copies shall not be extracts and copies for the purposes of this regulation unless an auditor certifies that they are true and correct extracts and copies.

“ (3.) Where an organization fails to comply with a requirement of a notice given under this regulation, the Minister may refuse to entertain the application for registration.

Application to be referred for report to Committee.

“ 16d. The Director-General shall refer an application for registration and the information and extracts and copies furnished under the last preceding regulation to a committee consisting of the Commonwealth Actuary and an officer of the Department of Health appointed by the Director-General for examination and report to the Minister.

Recommendation of the Committee.

“ 16e. The Committee shall, in its report, recommend to the Minister that the application by the organization be granted or refused and in making the recommendation the Committee shall take into account—

(a) the number of contributors to the funds of the organization;

(b) the rate of contributions made by each contributor to the funds of the organization;

 

(c)the amount, of the payments made by the organization to, or in respect of, a contributor for hospital treatment;

(d)the rules of the organization relating to payments out of the funds of the organization; and

(e) the ratio which amounts paid as management and administration expenses and disbursements (other than payments made to, or in respect of, contributors for hospital treatment) bears to the amount of payments made to, or in respect of, contributors for hospital treatment.

Registration.

“ 16f. The Minister may, after taking into consideration the report of the Committee, grant the application for registration on such terms and conditions (if any) as he thinks fit, or refuse the application.

Additional benefit.

“ 16g.—(1.) In addition to the Commonwealth Hospital Benefits for Private Hospitals payable under the last preceding Part, there shall, subject to this Part, be payable in respect of a contributing patient an additional benefit of Four shillings per day for each day on which he is a qualified patient.

“ (2.) For the purposes of this regulation, ‘day’ means a period of twenty-four hours ending at midnight, and the day of admission and the day of discharge or death shall together be counted as one day.

Additional benefit to be paid to registered organization.

“ 16h.—(1.) The additional benefit payable under this Part in respect of a contributing patient shall be paid to the registered organization to which contributions are paid by the patient or by the spouse of the patient or the person on whom the patient is dependent.

“ (2.) Except in the case of a private hospital that is deemed to be an organization under paragraph (a) of sub-regulation (2.) of regulation 16a of these Regulations, the additional benefit shall not be payable to the organization unless it satisfies the Director-General that the amount (if any) payable under the rules of the organization and an amount equal to the additional benefit payable under this Part have been paid by the organization—

(a) to an approved private hospital for or in respect of the contributing patient ; or

(b) where an account rendered in respect of hospital treatment of a contributing patient has been paid by the patient or by another person on the patients’ behalf, to the person who paid the account.

Claims for payment to be made monthly.

“ 16j. Payment of the additional benefit under this Part shall not be made unless the registered organization furnishes to the Director-General, as soon as practicable after the end of each month, a claim in the authorized form, in respect of that month, together with such further information and evidence relating to the claim as is indicated in the form to be required to be furnished or as the Director-General requires.

Advances on account of claims.

“ 16k.—(1.) The Minister may, in his absolute discretion, make an advance to a registered organization for the purpose of enabling the organization to make payment of the additional benefit payable under this Part.