EXPLANATORY STATEMENT

Issued by the Secretary, Department of Health and Ageing

National Health Act 1953

Section 73F of the National Health Act 1953 (the Act) provides that the Minister for Health and Ageing may issue a statement to be called the Private Patients' Hospital Charter (The Charter).   This power was delegated to the Secretary, Department of Health and Ageing in June 2004. 

The Charter has been issued to:

• inform contributors of what they can reasonably require from private health insurance funds, medical practitioners, private and public hospitals and day hospital facilities; and
• advise people of matters to consider in making decisions about becoming contributors to health funds.

The Charter highlights the information that may assist private patients to manage their health care.  It also provides guidance for doctors, hospitals and health funds to ensure that private patients obtain the best health value from their private health insurance.

The Charter has been revised in consultation with the Private Health Insurance Ombudsman, Private Health Insurance Administration Council and the Consumers’ Health Forum of Australia.  Minor amendments have been made to incorporate updated information reflecting changes in policy and contact details.  The primary changes:

• reflect changes to the policy in relation to surgically implanted prostheses in the private sector; and
• specify what percentage of doctors’ fees are paid by Medicare in different circumstances in hospital. 

This new Charter revokes all previous Charters issued by the Minister under section 73F of the Act.

Under the Act, the following Agencies are required to make the Charter available to members of the public:

• Private Health Insurance Ombudsman;
• Private Health Insurance Administration Council; and
• private health insurance funds.

Section 73F(2) of the Act stipulates that the Charter is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.

The Private Patients' Hospital Charter commenced on the day after registration on the Federal Register of Legislative Instruments.