Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 174

STATUTORY RULES 1999 No. 174

Issued by the Authority of the Minister for Health and Aged Care

National Health Act 1953

National Health Amendment Regulations 1999 (No. 4)

Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.

Subsection 140(2) of the Act makes provision to preclude or modify, by regulation, a specified provision of the Act relating to an applicable benefits arrangement, for a specified registered health benefits organisation. This provision has been used to permit pilot or demonstration schemes which could lead to an enhancement of the health insurance industry.

Regulation 4B of the National Health Regulations 1954 (the Principal Regulations) modifies the operation of the Act in relation to applicable benefits arrangements provided for specified registered health benefits organisations participating in the programmes. In other words, it allows for patients to be paid health insurance benefits for hospital type treatment rendered to them in community settings.

The Regulations amend Regulation 4B of the Principal Regulations to:

*       extend the St Francis Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial and the Victorian Rehabilitation Patient Trial that are currently being trialed under the Domiciliary Palliative Care Program for a further twelve months to 31 August 2000;

*       enable each participating fund in the South Australian Psychiatric Patient Trial to agree to a benefit level with the hospitals which does not exceed the daily fees or charges incurred; and.

extend the arrangements for a further two trials:

>       the Hospital to Home (Ashford Community Hospital (SA)) trial until 31 August 2000 This allows elderly patients, who have undergone medical or surgical treatment in hospital, to receive health insurance benefits for hospital treatment rendered to them in their own home; and

>       the Hornsby Ku-ring-gai Coordinated Care trial until 31 December 1999. This extends the payment of health fund benefits for trial participants with private health insurance.

Details of the Amending Regulations are set out in the Attachment.

The Amending Regulations commenced on gazettal.

ATTACHMENT

NOTES ON CLAUSES

Regulation 1 provides that the Regulations may be cited as the National Health Amendment Regulations 1999 (No. 4)

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the National Health Regulations 1954 are amended by Schedule 1.

Item 1 of Schedule 1 omits the date currently included in subregulations 4B(1), (2) and (3) and inserts the new date of 31 August 2000. This will have the effect of extending the St Francis Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial and the Victorian Rehabilitation Patient Trial that are currently being trialed under the Domiciliary Palliative Care Program for a further twelve months.

Item 2 of Schedule 1 omits subregulations 4B(4) and (5) and substitutes new subregulations 4B(4) -(8).

New subregulation 4B(4) specifies the funds participating in the Hornsby Ku-ring-gai Coordinated Care Trial and provides that they are affected by the modifications to subsections 5A(1) and (3) of the Act that are set out in Part 4 of Schedule 3 until 31 December.

New subregulation 4B(5) specifies the funds participating in the Hospital-to-Home Trial (Ashford Community Hospital, SA) and provides that they are affected by the modifications to subsections 5A(1) and (3) of the Act that are set out in Part 5 of Schedule 3 until 31 December.

New subregulations 4B(6), (7) and (8) specify the time limits for the various trials.

Item 3 of Schedule 1 changes the benefit arrangements applicable to each fund participating in the South Australian Psychiatric Patient Trial. Instead of providing a minimum benefit of $90 per session of care participating funds and facilities will be able to agree a benefit level which does not exceed the daily fees or charges incurred.

Item 4 of Schedule 1 inserts two new Parts into Schedule 3 of the Regulations:

*       New Part 4 outlines the modifications to section 5A of the Act in respect of the funds participating in the Hornsby Ku-ring-gai Coordinated Care Trial and defines some of the key terms used in those modifications;

*       New Part 5 outlines the modifications to section 5A of the Act in respect of the funds participating in the Hospital to Home Trial (Ashford Community Hospital (SA)) and defines some of the key terms used in those modifications.