National Health Regulations (Amendment) (Cth)

Statutory Rules 1998No. 262 1

__________________

National Health Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.

Dated 11 August 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

____________

1.   Commencement

1.1   These Regulations commence on gazettal.

2.   Amendment

2.1   The National Health Regulations are amended as set out in these Regulations.

3.   Regulation 4B (Domiciliary palliative care—modification of the Act)

3.1   Omit the regulation, substitute:

Domiciliary care—modification of the Act

 “4B.(1) Subsections 5A (1) and (3) of the Act, in their application to the following registered organizations, are affected by the modifications set out in Part 1 of Schedule 3 until 28 February 1999:

• (a)

  Australian Unity Health Limited;

• (b)

  Medibank Limited;

• (c)

  Medical Benefits Fund of Australia Ltd;

• (d)

  National Mutual Health Insurance Pty Ltd.

 “(2) Subsections 5A (1) and (3) of the Act, in their application to the following registered organizations, are affected by the modifications set out in Part 2 of Schedule 3 until 31 August 1999:

• (a)

  Medibank Limited;

• (b)

  Medical Benefits Fund of Australia Ltd;

• (c)

  National Mutual Health Insurance Pty Ltd;

• (d)

  SGIC Health Pty Ltd.

 “(3) Subsection 5A (1) and (3) of the Act, in their application to the following registered organizations, are affected by the modifications set out in Part 3 of Schedule 3 until 31 August 1999:

• (a)

  Australian Unity Health Limited;

• (b)

  Medibank Limited;

• (c)

  National Mutual Health Insurance Pty Ltd.

 “(4) Part 1 of Schedule 3 has effect until 28 February 1999.

 “(5) Parts 2 and 3 of Schedule 3 have effect until 31 August 1999.”.

4.   Regulation 4C (No out-of-pocket expense for patient—modification of Act)

4.1   Omit the regulation.

5.   Schedule 3 (Modifications of the Act)

5.1   Omit the Schedule, substitute:

 SCHEDULE 3 Regulation 4B

MODIFICATIONS OF THE ACT

Part 1—Modification of section 5A for the St Francis Xavier Cabrini Domiciliary Palliative Care program

1. Subsection 5A (1):

Add at the end:

• “; or (c)

  for nursing care given to a patient after discharge from hospital as part of the St Francis Xavier Cabrini Domiciliary Palliative Care program, where the benefit payable is equal to the lesser of:

  • (i)

    the fees or charges incurred for nursing care for each day on which it is given; and

  • (ii)

    $130 for each day on which nursing care is given.”.

2. Subsection 5A (3):

Insert the following definition:

“St Francis Xavier Cabrini Domiciliary Palliative Care program means the domiciliary palliative care program operated by St Francis Xavier Cabrini Private Hospital, Melbourne, for patients who have received treatment in the hospital and who, after being discharged, continue to receive treatment from the hospital at home, or at any other mutually agreed location.”.

Part 2—Modification of section 5A for the South Australian Psychiatric Patient Trial

1. Subsection 5A (1):

Add at the end:

• “; or (d)

  for psychiatric care given to a patient after discharge from hospital as part of the South Australian Psychiatric Patient Trial, where the benefit payable is equal to the lesser of:

  • (i)

    the fees or charges incurred for psychiatric care for each day on which it is given; and

  • (ii)

    $90 for each day on which psychiatric care is given.”.

2. Subsection 5A (3):

Insert the following definition:

“South Australian Psychiatric Patient Trial means the trial operated by The Adelaide Clinic, Kahlyn Private Hospital and Fullarton Private Hospital (the hospitals), for patients who have received psychiatric treatment in one of the hospitals and who, after being discharged, continue to receive treatment from the hospital at home, or at any other mutually agreed location.”.

Part 3—Modification of section 5A for the Victorian Rehabilitation Patient Trial

1. Subsection 5A (1):

Add at the end:

• “; or (e)

  for rehabilitation care given to a patient as part of the Victorian Rehabilitation Patient Trial, where the benefit payable is equal to the lesser of:

  • (i)

    the fees or charges incurred for rehabilitation care for each session of rehabilitation care given; and

  • (ii)

    $40 for each session of rehabilitation care given.”.

2. Subsection 5A (3):

Insert the following definitions:

“session of rehabilitation care, for paragraph 5A (1) (e), means a period of 30 minutes during which a patient is given rehabilitation therapy.

Victorian Rehabilitation Patient Trial means the trial operated by the Cedar Court HealthSouth Rehabilitation Hospital, for patients who:

• (a)

  have received a rehabilitation service from the hospital and who, after being discharged, continue to receive treatment from the hospital at home, or at any other mutually agreed location; or

• (b)

  are receiving a rehabilitation service of a kind mentioned in paragraph (a), but do not have specific nursing needs requiring admission to the hospital.”.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 August 1998.

2. Statutory Rules 1954 No. 35 as amended by 1957 No. 71; 1958 No. 63; 1962 Nos. 55, 70 and 113; 1965 Nos. 17, 94 and 185; 1966 No. 99; 1967 No. 86; 1969 Nos. 91 and 220; 1970 Nos. 70 and 166; 1971 Nos. 28, 76, 103 and 138; 1972 No. 79; 1973 Nos. 17, 75, 111, 221, 225 and 267; 1974 Nos. 52, 104, 105, 113 and 263; 1975 Nos. 14, 49, 66, 100, 124, 165 and 207; 1976 Nos. 113, 217 and 227; 1977 Nos. 11, 34, 51 and 112; 1978 Nos. 66, 178, 208 and 266; 1979 Nos. 59, 107, 208 and 231; 1980 Nos. 84, 292 and 309; 1981 Nos. 43, 97, 115, 232 and 318; 1982 Nos. 38, 82, 84, 250 and 284; 1983 Nos. 45, 247 and 267; 1984 Nos. 66, 161, 200, 308, 322 and 427; 1985 Nos. 86, 136, 186, 187, 206 and 288; 1986 Nos. 47, 53, 208, 330, 353 and 360; 1987 Nos. 50, 76, 100 and 310; 1989 Nos. 291, 292 and 334; 1990 Nos. 24, 86, 114, 292, 335 and 396; 1991 Nos. 40, 41, 232, 262, 263, 310 and 339; 1992 Nos. 136 and 187; 1993 Nos. 48, 85, 153, 260, 261, 273, 280 and 284; 1994 Nos. 2, 9, 106, 139, 201, 253, 256, 296, 349 and 451; 1995 Nos. 1, 14, 34, 52, 109, 116, 161, 220, 288, 289, 408 and 410; 1996 Nos. 46, 183 and 333; 1997 Nos. 16, 58, 133, 160, 179 and 353; 1998 Nos. 18 and 73.