EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Private Health Insurance Act 2007
Private Health Insurance (Complying Product) Amendment Rules 2010 (No. 5)
Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Complying Product) Rules providing for matters required or permitted by Chapter 3 of the Act, or necessary or convenient in order to carry out or give effect to the Act.
The Private Health Insurance (Complying Product) Amendment Rules 2010 (No. 5) (the Amendment Rules) amend the Private Health Insurance (Complying Product) Rules 2010 (the Principal Rules) which commenced on 30 January 2010.
The purpose of Rule 8A of the Principal Rules is to enforce the patient contribution for privately insured nursing-home type patients (NHTP) by restricting the amount of benefit that private health insurers pay for each day of NHTP hospital treatment at a hospital. The amount of benefit is restricted to the hospital’s charge less the patient contribution amount.
The Amendment Rules make minor changes to paragraph 8A(3)(a) of the Principal Rules by increasing the amount for the NHTP contribution at public hospitals in Western Australia.
Consultation
The Western Australian Department of Health was consulted with regard to increasing the NHTP contribution in that jurisdiction. No objections were made.
The Amendment Rules commence on 1 November 2010 or, if registered after 1 November 2010, the day after registration.
The Amendment Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
DETAILS OF THE PRIVATE HEALTH INSURANCE (COMPLYING PRODUCT) AMENDMENT RULES 2010 (No. 5)
- Name of Rules
Rule 1 provides that the title of the Rules is the Private Health Insurance (Complying Product) Amendment Rules 2010 (No. 5) (the Amendment Rules).
2. Commencement
Rule 2 provides that the Amendment Rules are to commence on 1 November 2010, or if registered on a later date, the day after registration.
3. Amendment of Private Health Insurance (Complying Product) Rules 2010
Rule 3 provides that the Schedule to the Amendment Rules amends the Private Health Insurance (Complying Product) Rules 2010 (the Principal Rules) which commenced on 30 January 2010.
Schedule – Amendments
Item 1 – Part 2, Paragraph 8A(3)(a):
Paragraph 8A(3)(a) of the Principal Rules provides the patient contribution for privately insured NHTPs at a public hospital.
Item 1 of the Schedule of the Amendment Rules amends Part 2 subparagraph 8A(3)(a)(viii) of the Principal Rules by increasing the NHTP contribution at public hospitals in Western Australia from $47.35 to $48.35. This increase reflects the indexation applied to the Adult Pension Basic Rate and the maximum daily rate of rental assistance that commenced on 20 September 2010.
PRIVATE HEALTH INSURANCE BRANCH
DEPARTMENT OF HEALTH AND AGEING
OCTOBER 2010