Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1995 NO. 288

STATUTORY RULES 1995 No. 288

Issued by authority of the Minister for Human Services and Health

National Health Act 1953

National Health Regulations (Amendment)

Subsection 140(1) of the National Health Act 1953 (the Principal Act) provides that the Governor-General may make regulations for the purpose of the Act.

Schedule 2 of the Health Legislation (Private Health Insurance Reform) Amendment Act 1995, which received Royal Assent on 29 May 1995, repealed subsection 68(1D) of the Principal Act and other related provisions, as well as making consequential amendments. The amendments to the Principal Act removed the need for 'open' membership registered health benefits organisations (to which any member of the public may join) to conduct a separate health benefits fund in each State and to seek approval to transfer reserves between States. This means that 'open' membership organisations are not on an equal footing with restricted membership organisations (which restrict membership to particular employment, unions etc.) in conducting a single national health benefits fund.

Subregulations 35(2) and 35(3), and Regulations 36 and 37 of the National Health Regulations currently include references to the former requirements in the Principal Act relating to the conduct of a separate health benefits fund in each State. The amendments to the regulations remove these redundant provisions.

Regulation 4B of the National Health Regulations and related Schedules 3 and 4 expired on 1 March 1993. The amendments repealed these redundant provisions.

These provisions facilitated the operation of a pilot scheme over a period of 18 months by the Royal North Shore Hospital. Under this arrangement, certain categories of patients who agreed to an early discharge from hospital received nursing care in their home as an extension of their treatment in hospital.

Health funds voluntarily participating in the scheme paid a lower level of benefit under the basic table than they would have had the patient stayed overnight stay in hospital.

The amended Regulations commence on Gazettal.