EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 208
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (‘the Act’) provides, among other things, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 4(1) of the Act defines ‘basic private table’ or ‘basic table’ in relation to a registered health benefits organization to mean a table that includes benefits in respect of professional services rendered to in-patients or day only patients of a day hospital facility, as provided in paragraphs (da) and (dc) of the definition.
A ‘day hospital facility’ is defined in sub-section 4(1) of the Act to mean:
‘(a) premises registered as a hospital under a law of a State or Territory relating to the registration of hospitals; or
(b) premises, or premises included in a class of premises, prescribed for the purposes of this paragraph’.
Regulation 3D of the National Health Regulations already prescribed the Sydney Day Surgery for purposes of paragraph (b) of the definition of ‘day hospital facility’ in sub-section 4(1) of the Act. The purpose of this regulation is to prescribe the Hornsby Day Surgery Centre for the purpose of paragraph (b) of the definition.
There is at present no New South Wales legislation providing for registration of day hospitals. New South Wales day hospitals not part of a licensed hospital may therefore only come within the meaning of a ‘day hospital facility’ in sub-section 4(1) of the Act if prescribed by regulation.
The action to prescribe the Hornsby Day Surgery Centre as a day hospital facility is an interim measure only, on the basis of assurances from the New South Wales Minister for Health that the facility meets his Department’s guidelines on day hospital facilities and that an amendment to State legislation providing for the licensing of day hospital facilities is shortly to be introduced in the New South Wales Parliament.
Overview
The National Health Regulations (Amendment) Statutory Rules 1986 No 208, issued under the authority of the Minister for Health, amends the National Health Regulations 1953 to address a gap in the registration of day hospital facilities in New South Wales. The National Health Act 1953 empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. This amendment seeks to rectify the absence of specific state legislation in New South Wales that would otherwise allow facilities like Hornsby Day Surgery Centre to be recognised as day hospital facilities. By prescribing Hornsby Day Surgery Centre as a day hospital facility, this regulation provides an interim measure pending the anticipated introduction of appropriate state legislation. The policy objective is to ensure that day hospitals not part of a licensed hospital can be included under the definition of a day hospital facility, thus facilitating the provision of necessary health services within the framework of the National Health Act.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1986 No. 208, issued under the authority of the Minister for Health, amend the National Health Regulations to prescribe the Hornsby Day Surgery Centre as a day hospital facility for the purposes of the National Health Act 1953. This amendment applies to entities involved in the provision of healthcare services within the scope of the Act, particularly registered health benefits organizations that offer benefits for professional services rendered to in-patients or day only patients of day hospital facilities. The geographic reach of this amendment is limited to the Commonwealth jurisdiction, with a specific focus on New South Wales where the Hornsby Day Surgery Centre is located. This amendment is an interim measure, pending the introduction of state legislation in New South Wales that will provide for the registration of day hospitals, ensuring that facilities such as the Hornsby Day Surgery Centre meet the necessary guidelines and standards set by the relevant authorities.
Key Provisions
The key provisions of this amendment to the National Health Regulations concern the prescription of specific facilities as day hospital facilities under the National Health Act 1953. Regulation 3D, as amended, now includes the Hornsby Day Surgery Centre as a prescribed facility (Section 3D). This means that the Hornsby Day Surgery Centre is recognised under the Act as a day hospital facility, which is essential for it to qualify for certain health benefits and services under a registered health benefits organisation’s basic private table. This inclusion ensures that patients treated at this facility can access certain benefits provided by health insurers, aligning with the broader framework established by the Act.
The Act imposes specific obligations on registered health benefits organisations to include prescribed day hospital facilities in their basic private tables. This requirement ensures that such facilities are covered under the basic health benefits provided by these organisations, facilitating access to necessary medical services for patients. Additionally, the regulation necessitates that facilities like the Hornsby Day Surgery Centre must meet certain criteria to be prescribed under the Act. This involves compliance with guidelines set by the relevant state health department, as evidenced by the assurances provided by the New South Wales Minister for Health regarding the Hornsby Day Surgery Centre.
Failure to comply with the regulations, including the prescription of facilities that do not meet the required standards, can lead to legal consequences. While specific offences and penalties are not detailed in the provided text, breaches of health regulations can generally result in administrative actions, fines, or other penalties as prescribed by the relevant legislation. For instance, non-compliance with the Act or its regulations might lead to enforcement actions by regulatory bodies, which could include financial penalties or other corrective measures. The exact nature and severity of penalties would depend on the specific regulatory framework and the discretion of the enforcing authority.