Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 20

20. Section 33 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:
''(1) There is payable by the Commonwealth to a private hospital in a State or
in the Australian Capital Territory a daily bed payment, for each approved bed
in the hospital for each day upon which the bed is occupied by an
eligible person who is an in-patient at the hospital, of an amount of-

   (a)  in the case of a surgical bed-$28; or

   (b)  in any other case-$16.'';

   (b)  by omitting from sub-sections (2) and (3) ''(other than a bed that is
        an approved bed for the purposes of section 34)''; and

   (c)  by adding at the end thereof the following sub-sections:

''(5) Subject to sub-section (6), where, at any time during the stay in
hospital as an in-patient at the hospital of an eligible person, the eligible
person has rendered to him a surgical procedure, any approved bed in the
hospital occupied by the eligible person during that stay (whether the
occupation was before or after the rendering of the surgical procedure) shall
be deemed to be, for the purposes of this section, a surgical bed on each day
of that occupation.

''(6) The Permanent Head may, having regard to the circumstances of the stay
in hospital of an eligible person referred to in sub-section (5), declare that
that sub-section does not apply in relation to the whole or a specified part
of the stay in the hospital of the eligible person.

''(7) The proprietor of a hospital may make an application to the
Permanent Head for a declaration that, having regard to the reasons for
admission of an eligible person as an in-patient at the hospital, any approved
bed in the hospital occupied by the eligible person during the whole, or a
part, of his stay in hospital as an in-patient at the hospital should be
declared to be, for the purposes of this section, a surgical bed on each day
of that occupation.

''(8) On receipt of an application under sub-section (7), the Permanent Head
shall-

   (a)  if he is satisfied that, having regard to the reasons for admission of
        the eligible person as an in-patient at the hospital, any approved bed
        in the hospital occupied by the eligible person during the whole, or a
        part, of his stay in hospital as an in-patient at the hospital should
        be declared to be, for the purposes of this section, a surgical bed on
        each day of that occupation-make a declaration, in writing,
        accordingly; or

   (b)  if he is not so satisfied-refuse to grant the application.

''(9) A person affected by a decision of the Permanent Head under sub-section
(6) or (8) may request the Minister to review the decision.

''(10) Upon receipt of a request under sub-section (9), the Minister shall,
after such investigation of the matter as he considers necessary, either
confirm, vary or revoke the decision.

''(11) An application under sub-section (7)-

   (a)  shall be made in accordance with the approved form;

   (b)  shall be lodged with the Department; and

   (c)  shall be accompanied by such information relating to the application
        as is shown in the approved form to be required or as is prescribed.

''(12) In this section, 'surgical procedure' means a service to which a
prescribed item relates.''.