Medicare Australia (Functions of Chief Executive Officer) Amendment Direction 2005 (No. 1) (Cth)

Medicare Australia (Functions of Chief Executive Officer) Amendment Direction 2005 (No. 1)

Medicare Australia Act 1973

I, JOSEPH BENEDICT HOCKEY, Minister for Human Services, make this Direction under paragraph 5 (1) (d) of the Medicare Australia Act 1973.

Dated 21 October 2005

JOE HOCKEY

Minister for Human Services

1. Name of Direction

This Direction is the Medicare Australia (Functions of Chief Executive Officer) Amendment Direction 2005 (No. 1).

1. Commencement

This Direction commences on the day it is registered.

1. Amendment of Medicare Australia (Functions of Chief Executive Officer) Direction 2005

Schedule 1 amends the Medicare Australia (Functions of Chief Executive Officer) Direction 2005.

Schedule 1        Amendments

(section 3)

[1]           Paragraph 4 (2) (e)

substitute

(e)    to give advice to the Health Minister in relation to directions that are to be given personally by the Health Minister under section 19D of the Health Insurance Act;

(ea)    for directions under subsection 19D (1), (1A), (3) or (5) of the Health Insurance Act that are not directions to be given personally by the Health Minister — to give directions on behalf of the Health Minister under any of those subsections;

(eb)    to undertake, on behalf of the Health Minister, such action as is required under the Health Insurance Act in relation to the directions mentioned in paragraph (e) or (ea);

[2]           Sub-subparagraph 14 (3) (j) (i) (B)

substitute

(B)     to carry out the functions conferred on the Health Minister by section 124EA of that Act; and

[3]           Section 26

omit

[4]           After section 33

insert

1. Functions in relation to payments

(1)   In this section:

eligible nursing home has the same meaning as in section 58 of the National Health Act.

eligible premises has the same meaning as in section 52 of the National Health Act.

(2)   For paragraph 5 (1) (d) of the Act, the Chief Executive Officer is to perform the following functions:

(a)    to make payments, as directed by the Department of Health and Ageing, in relation to the program for Day Therapy Centres administered by that Department;

(b)    to make payments, as directed by the Department of Health and Ageing, in accordance with:

(i)    an approval of a grant of a Commonwealth benefit, in relation to eligible premises, made by the Health Minister under section 55 of the National Health Act and payable under section 56 of that Act; and

(ii)    an approval of a grant of a Commonwealth benefit, in relation to an eligible nursing home, made by the Health Minister under section 58CE of the National Health Act and payable under section 58CF of that Act;

(c)    to make payments, as directed by the Department of Health and Ageing, in relation to the program for Capital Transition Payments administered by that Department;

(d) to make payments, under section 60 of the Aged Care (Consequential Provisions) Act 1997, of additional amounts payable in respect of residential care services for which residential care subsidy is payable under section 43-1 of the Aged Care Act 1997;

(e)    to undertake action (including the institution of legal proceedings) to recover from a person, to whom an amount has been paid under paragraph (a), (b), (c) or (d), any amount paid to the person that is an overpayment.