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HEALTH LEGISLATION AMENDMENT ACT (NO. 1) 2001 NO. 6, 2001 - SCHEDULE 1
- Outreach services
Health Insurance Act 1973
1 At the end of subsection 3(1A)
Add:
- Note:
References in this Act to hospital treatment have an expanded meaning: see
section 5C of the National Health Act 1953 .
National Health Act 1953
2 Subsection 4(1)
Insert: outreach service means
any service specified in a determination under section 5D, that is provided to
a patient by, or on behalf of, a hospital or a day hospital facility, as a
direct substitute for hospital treatment that would otherwise be provided in a
hospital or day hospital facility, but does not include service provided by a
medical practitioner that would attract a Medicare benefit of 85% of the
scheduled fee.
3 Subsection 4(1) (paragraph (a) of the definition of patient)
Repeal
the paragraph, substitute:
- (a)
- in relation to a day hospital facility,
means:
- (i)
- a person who attends the day hospital facility for the purpose of
permitting the provision of professional attention to the person at the day
hospital facility; or
- (ii)
- a person who receives an outreach service provided by, or on behalf of,
the day hospital facility; and
4 After section 5B
Insert:
5C Extension of this Act and the
Health Insurance Act 1973 in relation to outreach services
- (1)
- In this Act
and the Health Insurance Act 1973 (other than an excluded provision):
- (a)
- a reference to hospital treatment includes a reference to the provision of
an outreach service; and
- (b)
- a reference to hospital treatment provided in, at or by a hospital or a
day hospital facility includes a reference to an outreach service provided by,
or on behalf of, a hospital or a day hospital facility; and
- (c)
- a reference to a patient receiving treatment in or at a hospital or a day
hospital facility includes a reference to a patient receiving an outreach
service provided by, or on behalf of, a hospital or a day hospital facility.
- (2)
- In this section:
excluded provision means any of the following provisions:
- (a)
- subsection 5B(3) of the Health Insurance Act 1973 ;
- (b)
- section 67 of this Act;
- (c)
- Division 5A of Part VI of this Act.
5D Minister may specify outreach services
- (1)
- The Minister may, by written
determination, specify services provided by, or on behalf of, a specified
hospital or day hospital facility for the purposes of the definition of
outreach service in subsection 4(1).
- Note: Under subsection 33(3) of the Acts Interpretation Act 1901 , the
Minister may vary or revoke etc. a determination under this section.
- (2)
- A determination under this section:
- (a)
- comes into force on the day specified in the determination; and
- (b)
- remains in force for the period specified in the determination, unless
sooner revoked.
- (3)
- A determination under this section is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901 .
5E Review of extension of this Act and the Health Insurance Act 1973 in
relation to outreach services
- (1)
- The Minister must cause an independent
review of the operation of the extension of this Act and the
Health Insurance Act 1973 in relation to outreach services to be undertaken.
- (2)
- The Minister must cause a copy of the report of the review to be tabled in
each House of Parliament not later than 30 June 2003.
- (3)
- In this section:
independent review means a review, and a report to the Minister, undertaken by
persons who:
- (a)
- in the Minister's opinion possess appropriate qualifications to undertake
the review; and
- (b)
- include at least one person who:
- (i)
- is not employed by the Commonwealth or a Commonwealth authority; or
- (ii)
- has not, since the commencement of this Act, provided services to the
Commonwealth or a Commonwealth authority, under or in connection with a
contract.
5 Paragraph 73BD(2)(d)
Omit "to the hospital or day hospital facility".
6
Paragraph 73BDAA(1)(a)
Omit "at the hospital or day hospital facility",
substitute "to patients of the hospital or day hospital facility".
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