Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 242

STATUTORY RULES 2000 No. 242

Issued by authority of the Minister for Health and Aged Care

National Health Act 1953

National Health Amendment Regulations 2000 (No. 3)

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 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 purpose of the Amending Regulations is to extend the trial of this type of treatment for a further period of time.

The Amending Regulations amend regulation 4B to:

*       extend the St Frances Xavier Cabrini Domiciliary Palliative Care Program; the South Australian Psychiatric Patient Trial; the Victorian Rehabilitation Patient Trial; and the Hornsby Ku-ring-gai Coordinated Care Trial for a further ten months to 30 June 2001;

*       extend the Victorian Private Psychiatric Early Discharge Trial for a further nine months to 30 June 2001; and

*       extend the Hospital-to-Home Trial (Adelaide Community Healthcare Alliance) for a further ten months to 30 June 2001 and remove two health insurance funds (ie S.G.I.C. Health Pty Ltd, HealthPartners) who no longer wish to participate.

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

The Amending Regulations commenced on 31 August 2000.

ATTACHMENT

Regulation 1 provides that the Regulations may be cited as the National Health Amendment Regulations 2000 (No. 3).

Regulation 2 provides that the Regulations commence on 31 August 2000.

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), (3) and (4) and inserts the new date of 30 June 2001. This will have the effect of extending the St Frances Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial and the Hornsby Ku-ring-gai Coordinated Care Trial that are currently being trialed under the Domiciliary care modification of the Act for a further ten months.

Item 2 of Schedule 1 omits subregulation 4B (5) and substitutes a new subregulation (5).

New subregulation 4B (5) specifies the funds participating in the Hospital-to-Home Trial (Adelaide Community Healthcare Alliance) 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 3 0 June 200 1.

Item 3 of Schedule 1 omits the date currently included in subregulation 4B (5A) and inserts the new date of 30 June 2001. This will have the effect of extending the Victorian Private Psychiatric Early Discharge Trial, which is currently being trialed under the Domiciliary care - modification to the Act for a further nine months.

Item 4 of Schedule 1 omits the date currently included in subregulation 4B (6), (7), and (8) and inserts the new date of 30 June 2001. This provides that the St Frances Xavier Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial, Hornsby Ku-ring-gai Co-ordinated Care Trial and the Hospital-to-Home (Adelaide Community Healthcare Alliance) will have effect until 30 June 2001.

Item 5 of Schedule 1 omits the date currently included in subregulation 4B (9) and inserts the new date of 30 June 2001. This provides that the Victorian Private Psychiatric Early Discharge Trial will have effect until 30 June 2001.