Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH AMENDMENT REGULATIONS 1999 (NO. 7) 1999 NO. 288

STATUTORY RULES 1999 No. 288

Issued by Authority of the Minister for Health and Aged Care

National Health Act 1953

National Health Amendment Regulations 1999 (No. 7)

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 modifies the operation of the Act in relation to applicable benefits arrangements provided for specified registered health benefits organisations participating in the programs. In other words, it allows for patients to be paid health insurance benefits for hospital type treatment rendered to them in community settings.

The Amending Regulations amend regulation 4B to:

*       modify the hospital participating in the Hospital-to-Home Trial from Ashford Community Hospital Incorporated to Adelaide Community Healthcare Alliance. This reflects a change in name following the merger of Ashford Community Hospital with Western Community Hospital to form the new Adelaide Community Healthcare Alliance (Schedule 1); and

*       extend the arrangements to include a further trial, the Victorian Psychiatric Patient Trial, to 30 September 2000. This trial allows private psychiatric patients, currently utilising inpatient services, with a history of frequent admissions and those patients who have previously had frequent admissions to benefit from a continuum of care using a case management approach to reduce the length of stay in hospital, the number of admitted patients and the number of readmissions for psychiatric services (Schedule 2).

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

Amending Regulations 1, 2 and 3 and Schedule 1 commenced on 1 November 1999, the day on which the merger took place. The retrospective commencement of these provisions does not disadvantage any person. On the contrary, had these amendments not been made retrospective patients participating in the trial may have been disadvantaged in that the participating funds would not be legally permitted to pay health insurance benefits.

The remaining 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. 7).

Regulation 2 provides that Regulations 1, 2 and 3 and Schedule 1. commenced on 1 November 1999

and the remainder commence on gazettal.

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

Item 1 of Schedule 1 substitutes, under Schedule 3, Part 5 the heading Modification of section 5A for Hospital-to-Home Trial (Adelaide Community Healthcare Alliance).

Item 2 of Schedule 1 omits Ashford Community Hospital Incorporated and inserts Adelaide Community Healthcare Alliance.

Item 1 of Schedule 2 inserts a new subregulation 5A(1) which specifies the funds participating in the Victorian Psychiatric Patient 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 6 of Schedule 3 until 30 September 2000.

Item 2 of Schedule 2 inserts a new subregulation 4B(9) which specifies the time limits for the Victorian Psychiatric Patient Trial.

Item of Schedule 2 inserts a new Part 6 into Schedule of the Regulations. New Part 6 outlines the modifications to section 5A of the Act in respect of the funds participating in the Victorian Psychiatric Patient Trial and defines some of the key terms used in those modifications.