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Health Legislation Amendment Bill (No. 1) 2001
Schedule 1 Outreach services

   

Health Insurance Act 1973

1  At the end of subsection 3(1A)

Add:

Note:          References in this Act to hospital treatment have an expanded meaning: see section 5C of the National Health Act 1953 .

National Health Act 1953

2  Subsection 4(1)

Insert:

outreach service means any service specified in a determination under section 5D, that is provided to a patient by, or on behalf of, a hospital or a day hospital facility, as a direct substitute for hospital treatment that would otherwise be provided in a hospital or day hospital facility, but does not include service provided by a medical practitioner that would attract a Medicare benefit of 85% of the scheduled fee.

3  Subsection 4(1) (paragraph (a) of the definition of patient )

Repeal the paragraph, substitute:

                     (a)  in relation to a day hospital facility, means:

                              (i)  a person who attends the day hospital facility for the purpose of permitting the provision of professional attention to the person at the day hospital facility; or

                             (ii)  a person who receives an outreach service provided by, or on behalf of, the day hospital facility; and

4  After section 5B

Insert:

5C   Extension of this Act and the Health Insurance Act 1973 in relation to outreach services

             (1)  In this Act and the Health Insurance Act 1973 (other than an excluded provision):

                     (a)  a reference to hospital treatment includes a reference to the provision of an outreach service; and

                     (b)  a reference to hospital treatment provided in, at or by a hospital or a day hospital facility includes a reference to an outreach service provided by, or on behalf of, a hospital or a day hospital facility; and

                     (c)  a reference to a patient receiving treatment in or at a hospital or a day hospital facility includes a reference to a patient receiving an outreach service provided by, or on behalf of, a hospital or a day hospital facility.

             (2)  In this section:

excluded provision means any of the following provisions:

                     (a)  subsection 5B(3) of the Health Insurance Act 1973 ;

                     (b)  section 67 of this Act;

                     (c)  Division 5A of Part VI of this Act.

5D   Minister may specify outreach services

             (1)  The Minister may, by written determination, specify services provided by, or on behalf of, a specified hospital or day hospital facility for the purposes of the definition of outreach service in subsection 4(1).

Note:          Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister may vary or revoke etc. a determination under this section.

             (2)  A determination under this section:

                     (a)  comes into force on the day specified in the determination; and

                     (b)  remains in force for the period specified in the determination, unless sooner revoked.

             (3)  A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

5E  Review of extension of this Act and the Health Insurance Act 1973 in relation to outreach services

             (1)  The Minister must cause an independent review of the operation of the extension of this Act and the Health Insurance Act 1973 in relation to outreach services to be undertaken.

             (2)  The Minister must cause a copy of the report of the review to be tabled in each House of Parliament not later than 30 June 2003.

             (3)  In this section:

                   independent review means a review, and a report to the Minister, undertaken by persons who:

                     (a)  in the Minister’s opinion possess appropriate qualifications to undertake the review; and

                     (b)  include at least one person who:

                              (i)  is not employed by the Commonwealth or a Commonwealth authority; or

                             (ii)  has not, since the commencement of this Act, provided services to the Commonwealth or a Commonwealth authority, under or in connection with a contract.

5  Paragraph 73BD(2)(d)

Omit “to the hospital or day hospital facility”.

6  Paragraph 73BDAA(1)(a)

Omit “at the hospital or day hospital facility”, substitute “to patients of the hospital or day hospital facility”.