National Health Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 16 1

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National Health Regulations 2(Amendment)

I, The 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 19 February 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

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1.   Commencement

1.1   These Regulations commence on 1 March 1997.

2.   Amendment

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

3.   New Regulation 4B

3.1   After regulation 4A, insert in Part 1:

Domiciliary palliative care—modification of the Act

 “4B. (1) Subsections 4 (1) and 5A (1) of the Act apply in respect of the following registered health benefits organisations with the modifications set out in Schedule 3:

• (a)

  Australian Unity Friendly Society;

• (b)

  Health Insurance Commission, Victoria—Medibank Private;

• (c)

  Medical Benefits Fund of Australia Limited;

• (d)

  National Mutual Health Insurance Pty Ltd.

“(2)

Item 1 of Schedule 3 applies for the period starting on 1 March 1997 and ending at the end of 30 June 1997.

“(3)

Items 2 and 3 of Schedule 3 apply for the period starting on 1 March 1997 and ending at the end of 28 February 1998.”.

4.   New Schedule 3

4.1   After Schedule 2, insert:

SCHEDULE 3 Regulation 4B

MODIFICATIONS OF THE ACT

1.   Subsection 4 (1) (definition of “ ‘basic private table’ or ‘basic table’ ”):

After paragraph (dd), insert:

• “(de)

  for nursing care given to a patient at his or her home as part of the St Francis Xavier Cabrini Domiciliary Palliative Care program—a benefit equal to the lesser of:

  • (i)

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

  • (ii)

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

SCHEDULE 3—continued

2.   Subsection 4 (1):

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 (‘the hospital’), for patients who have received treatment in the hospital and, after being discharged from the hospital, continue to receive treatment from the hospital at their home;”.

3.   Subsection 5A (1):

After paragraph (b):

• “or (c)

  for nursing care given to a patient at his or her home 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 provided; and

  • (ii)

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

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 February 1997.

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.