Commonwealth: Health Legislation Amendment Act (No. 1) 2001 (Cth)

Health Legislation Amendment Act (No. 1) 2001 No. 6, 2001 Health Legislation Amendment Act (No. 1) 2001 No. 6, 2001 An Act to amend legislation relating to health, and for related purposes Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. 4 Application of amendment made by Schedule 2............ 5 Application of amendments made by Schedule 4............ Schedule 1—Outreach services Health Insurance Act 1973 National Health Act 1953 Schedule 2—Disclosure of information National Health Act 1953 Schedule 3—Lifetime health cover National Health Act 1953 Schedule 4—Rate increases proposed by registered organisations National Health Act 1953 Health Legislation Amendment Act (No. 1) 2001 No. 6, 2001 An Act to amend legislation relating to health, and for related purposes [Assented to 21 March 2001] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Health Legislation Amendment Act (No. 1) 2001. 2 Commencement (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Subject to subsection (3), Schedule 1 commences on a day to be fixed by Proclamation. (3) If Schedule 1 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. (4) Schedule 3 commences, or is taken to have commenced, immediately after the commencement of the National Health Amendment (Lifetime Health Cover) Act 1999. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Application of amendment made by Schedule 2 The amendment made by Schedule 2 applies in relation to the disclosure of information on or after the commencement of that Schedule. 5 Application of amendments made by Schedule 4 The National Health Act 1953 as amended by Schedule 4 applies to any changes intended to come into effect at or after the commencement of Schedule 4, including changes notified to the Secretary before the commencement of Schedule 4. 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". Schedule 2—Disclosure of information National Health Act 1953 1 After subsection 73G(2) Insert: (2A) No action (whether criminal or civil) lies against: (a) a registered organization; or (b) a person acting on behalf of a registered organization; for breach of a duty of confidence, or breach of a similar obligation, in relation to the disclosure of information to: (c) a hospital with which the organization has a hospital purchaser‑provider agreement; or (d) a day hospital facility with which the organization has such an agreement; if the disclosure is reasonably necessary in connection with the hospital or day hospital facility complying with the requirement referred to in paragraph 73BD(2)(d). Schedule 3—Lifetime health cover National Health Act 1953 1 Subsection 4(1) (definition of adult beneficiary) Repeal the definition, substitute: adult beneficiary, in relation to hospital cover, means a person covered by that hospital cover, other than a person who is: (a) under 31 years of age; and (b) a dependant (but not a spouse) of a contributor in respect of the hospital cover. 2 Paragraph 4(1)(b) of Schedule 2 After "dependant", insert "(but not a spouse)". 3 Subparagraphs 5(1)(c)(i) and (ii) of Schedule 2 Repeal the subparagraphs, substitute: (i) entered or enters Australia on a Refugee and Humanitarian (Migrant) (Class BA) visa issued on or after 1 January 2000; or (ii) was or is granted a protection visa within the meaning of section 36 of the Migration Act 1958 after entering Australia on or after 1 January 2000; Schedule 4—Rate increases proposed by registered organisations National Health Act 1953 1 After paragraph 6(1)(a) Insert: (aa) the Minister's power under subsection 78(4A); or 2 After subsection 78(4) Insert: (4A) Where the Minister is of the opinion that a change that would increase rates of contribution by contributors would be contrary to the public interest, the Minister may, by declaration in writing, declare that the change shall not come into operation. (4B) The Minister must cause a copy of a declaration under subsection (4A) to be laid before each House of the Parliament within 15 sitting days after the declaration is made. (4C) A declaration under subsection (4A) must set out the grounds on which the Minister formed the opinion that a change that would increase rates of contributions by contributors would be contrary to the public interest. 3 Subsection 78(5) Add at the end "or (4A)". 4 Subsection 78(6) After "subsection (4)", insert "or (4A)". 5 Subsection 78(7) Omit "a declaration under subsection (4)", substitute "any declaration under either of subsections (4) and (4A)". 6 Paragraph 78(9)(b) Omit "a declaration under subsection (4)", substitute "any declaration under either of subsections (4) and (4A)". [Minister's second reading speech made in— House of Representatives on 31 May 2000 Senate on 26 February 2001] (88/00)