Workers Compensation Act 1987 Regulation relating to the rates for treatment of injured workers at private hospitals (1990-477) [GG No 85 of 6.7.1990] (NSW)

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1990 - NO. 477

WORKERS COMPENSATION ACT 1987 - REGULATION

(Relating to the rates for treatment of injured workers at private hospitals)

NEW SOUTH WALES

[Published in Gazette No. 85 of 6 July 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Workers Compensation Act 1987, has been pleased to make the Regulation set forth hereunder.

JOHN FAHEY

Minister for Industrial Relations and Employment.

The Workers Compensation (General) Regulation 1987 is

amended:

(a)

by inserting in clause 10A after the definition of “day patient” “hospital category A” means a hospital (other than a public

hospital) notified as a category A hospital by the Director-General of the Department of Health by order published in the Gazette, being a hospital which has an intensive care unit approved by that Director-General, 24 hour resident medical cover and one or more of the following:

(a)

a surgical class licence issued under the Private Health Establishments Act 1982;

(b)

an obstetric class licence issued under the Private Health Establishments Act 1982;

(c)

a medical program approved in writing by the Director-General of the Department of Health;

1990 - NO. 477

(d) a rehabilitation program approved in writing by that Director-General;
(e) a psychiatric program approved in writing by that Director-General;

“hospital category B” means a hospital (other than a public hospital) notified as a category B hospital by the Director-General of the Department of Health by order published in the Gazette and which has one or more of the following:

(a) a surgical class licence issued under the Private Health Establishments Act 1982;
(b) an obstetric class licence issued under the Private Health Establishments Act 1982;
(c) a medical program approved in writing by the Director-General of the Department of Health;
(d) a rehabilitation program approved in writing by that Director-General;
(e) a psychiatric program approved in writing by that Director-General;

“hospital category C” means any other hospital (other than a public hospital) which is not a hospital - category A or a hospital - category B;

“intensive care unit - level 1 patient” means a worker receiving intensive care treatment at an intensive care unit in a hospital (other than a public hospital), being an intensive care unit approved by the Director-General of the Department of Health as being of a standard described as level 4 in the Guide to the Delineation of the Roles of Area Health Services and Hospitals (dated June 1986 and issued by the Department of Health);

“intensive care unit - level 2 patient” means a worker receiving intensive care treatment at an intensive care unit in a hospital (other than a public hospital), being an intensive care unit approved by the Director-General of the Department of Health as being of a standard described as level 3 in the Guide to the Delineation of the Roles of Area Health Services and Hospitals (dated June 1986 and issued by the Department of Health);

1990 - NO. 477

(b)

by omitting from the definition of “other patient (medical)” in clause 10A the words “or a day patient” and by inserting instead the words “, a day patient, an intensive care unit - level 1 patient or an intensive care unit - level 2 patient”;

(c)

by omitting the Table to clause 10B (a) and by inserting instead the following Table:

TABLE

Column 1 Column 2 Column 3

Amount per day

Patient Period of
classification hosptalisation Hospital Hospital Hospital
category A category B category C
$ $ $
Advanced surgical 1 to 14 days 370 345
patient over 14 days 255 255
Surgical patient 1 to 14 days 345 325
over 14 days 255 255
Psychiatric 1 to 42 days 305 290 255
patient 43 days or 255 220 215
over
Rehabilitation 1 to 49 days 355 290 255
patient 50 days or 255 220 215
over
Other patient 1 to 14 days 305 290 255
(medical) over 14 days 255 235 215
Day patient Up to 1 day 160 160 160
(d) by inserting in clause 10B (a) after the words “the amount specified” the words “in respect of the category of hospital (if any)”;
(e) by inserting after clause 10B (a) the following paragraph:
(a1) in respect of each day or part of a day that the worker is
an in-patient of the hospital, being an in-patient:

(i)       of a classification specified in Column 1 of the following Table; and

1990 - NO. 477

(ii)     during a period of hospitalisation specified in Column 2 of the Table,

the amount specified in Column 3 of the Table opposite

that classification and period:

TABLE

Column 1 Column 2 Column 3
Patient classification Period of hospitalisation Amount per day
Intensive care unit - $
level 1 patient up to 5 days 1300

Intensive care unit -

level 2 patient up to 5 days 900

(f)

by omitting the Table to clause 10B (b) and by inserting instead the following Table:

TABLE

Column 1 Column 2

$

1 - 15 minutes 140
16 - 30 minutes 250
31 - 45 minutes 300
46 - 60 minutes 390
61 - 90 minutes 550
91 - 120 minutes 690
121 - 180 minutes 930
181 - 240 minutes 1300
241 - 360 minutes 1800
Over 360 minutes 2100

EXPLANATORY NOTE

The object of this Regulation is to amend the Workers Compensation (General)

Regulation 1987:

(a) to categorise private hospitals on the basis of the level of service provided; and
(b) to provide that intensive care unit patients are separately classified and to specify the amount for which an employer is liable in respect of hospital treatment of a worker who is an intensive care patient; and
(c) to otherwise increase the amounts for which an employer is liable for
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