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National Health Regulations (Amendment)

Authoritative Version
  • - F1997B02842
  • No longer in force
SR 1997 No. 353 Regulations as made
These Regulations amend the National Health Regulations.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR02-Mar-1998
Tabled Senate02-Mar-1998
Gazetted 15 Dec 1997
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1997    No. 3531

__________________

National Health Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.

Dated 8 December 1997.

                                                                                 WILLIAM DEANE

                                                                                 Governor-General

By His Excellency’s Command,

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

____________

1.   Amendment

1.1   The National Health Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation
Act 1901
, s 48.]

2.   New regulation 4C

2.1    After regulation 4B, insert in Part 1:

No out-of-pocket expense for patient—modification of Act

          “4C.   (1)    Condition (ea) in Schedule 1 to the Act applies as modified in Part 2 of Schedule 3 to these Regulations in the circumstances set out in subregulation (2), to the following registered health benefits organisations:

             (a)   Health Insurance Commission, Victoria—Medibank Private;

             (b)   National Mutual Health Insurance Pty Ltd.

           “(2)   The circumstances are:

             (a)   the patient is covered by a private health insurance policy issued by one of those registered health benefits organisations; and

             (b)   the particular professional service is rendered by, or on behalf of, a medical practitioner with whom the hospital concerned has a practitioner agreement that applies to the service; and

             (c)   the medical expenses incurred in respect of the service are covered by an agreement between the medical practitioner and patient under which:

                          (i)   the medical practitioner undertakes, or can be taken to have undertaken, that the patient will bear no out-of-pocket expense in relation to professional services provided by the practitioner to the patient; and

                         (ii)   the patient agrees that the medical expenses incurred will be paid on his or her behalf and that he or she will not receive any medicare payment or payment under the private health insurance policy; and

             (d)   the hospital expenses incurred in relation to the service are covered by an agreement between the hospital and patient under which:

                          (i)   the hospital undertakes that the charges for hospital treatment will not exceed the amount that would be payable by the registered health benefits organisation concerned for a person entitled to maximum reimbursement under a private health insurance policy offered by that organisation; and

                         (ii)   the patient agrees that the hospital expenses incurred will be paid on his or her behalf and that he or she will not receive any payment under the private health insurance policy.

           “(3)   This regulation ceases to have effect:

             (a)   at the end of 12 months after its commencement; or

             (b)   if, before then, condition (ea) in Schedule 1 to the Act is amended in any way, on the day the amendment takes effect.”.

3.   Schedule 3 (Modifications of the Act)

3.1    Heading to Schedule:

After “Regulation 4B”, add “and subregulation 4C (1)”.

3.2    Before item 1, insert:

“PART 1—DOMICILIARY PALLIATIVE CARE”.

3.3    Add at the end:

“PART 2—No out-of-pocket expense for patient

4.      Condition (ea) of Schedule 1 to the Act:

Add at the end:

‘unless:

             (v)   the organisation is an organisation mentioned in subregulation 4C (1) of the National Health Regulations; and

            (vi)   the service is a service rendered in the circumstances mentioned in subregulation 4C (2) of those Regulations.’.”.

NOTES

1.   Notified in the Commonwealth of Australia Gazette on 15 December 1997.

2.   Statutory Rules 1954 No. 35 as amended by 1957 No. 71; 1958 No. 63; 1962 Nos. 55, 70 and 113; 1965 Nos. 17, 94 and 185; 1966 No. 99; 1967 No. 86; 1969 Nos. 91 and 220; 1970 Nos. 70 and 166; 1971 Nos. 28, 76, 103 and 138; 1972 No. 79; 1973 Nos. 17, 75, 111, 221, 225 and 267; 1974 Nos. 52, 104, 105, 113 and 263; 1975 Nos. 14, 49, 66, 100, 124, 165 and 207; 1976 Nos. 113, 217 and 227; 1977 Nos. 11, 34, 51 and 112; 1978 Nos. 66, 178, 208 and 266; 1979 Nos. 59, 107, 208 and 231; 1980 Nos. 84, 292 and 309; 1981 Nos. 43, 97, 115, 232 and 318; 1982 Nos. 38, 82, 84, 250 and 284; 1983 Nos. 45, 247 and 267; 1984 Nos. 66, 161, 200, 308, 322 and 427; 1985 Nos. 86, 136, 186, 187, 206 and 288; 1986 Nos. 47, 53, 208, 330, 353 and 360; 1987 Nos. 50, 76, 100 and 310; 1989 Nos. 291, 292 and 334; 1990 Nos. 24, 86, 114, 292, 335 and 396; 1991 Nos. 40, 41, 232, 262, 263, 310 and 339; 1992 Nos. 136 and 187; 1993 Nos. 48, 85, 153, 260, 261, 273, 280 and 284; 1994 Nos. 2, 9, 106, 139, 201, 253, 256, 296, 349 and 451; 1995 Nos. 1, 14, 34, 52, 109, 116, 161, 220, 288, 289, 408 and 410; 1996 Nos. 46, 183 and 333; 1997 Nos. 16, 58, 133, 160 and 179.