Health (Fees) Regulations 2007

Health (Fees) Regulations 2007

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Health Act 1997 .

W. J. E. COX

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Health (Fees) Regulations 2007 .

2.   Commencement

These regulations take effect on 22 October 2007.

3.   Interpretation

In these regulations, unless the contrary intention appears –

admitted patient means an Admitted patient within the meaning of the Agreement;

Agreement means the agreement known as the Australian Health Care Agreement dated 1 July 2003, in force between the Commonwealth and the State for the purposes of the Health Care (Appropriation) Act 1998 of the Commonwealth, as amended from time to time;

compensable patient means an admitted patient or a non-admitted patient who is receiving care or treatment for an injury, illness or disease for which he or she –

(a) has received or established his or her right to receive payment for care or treatment by way of a settled or unsettled claim for compensation or damages under –

(i) a law that is or has been in force in a State or a Territory; or

(ii) the Workers Rehabilitation and Compensation Act 1988 ; or

(iii) the Motor Accidents (Liabilities and Compensation) Act 1973 ; or

(b) on attendance at a public hospital, appears to have the right to receive a payment referred to in paragraph (a) ;

concessional beneficiary safety net means the concessional beneficiary safety net within the meaning of section 99F of the National Health Act 1953 of the Commonwealth;

diagnostic imaging services table means the table prescribed under section 4AA of the Commonwealth Act;

general medical services table means the table prescribed under section 4 of the Commonwealth Act;

general patient safety net means the general patient safety net within the meaning of section 99F of the National Health Act 1953 of the Commonwealth;

Gold Card means a Gold Card –

(a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and

(b) issued to a person eligible under that Act;

Health Care Card means a health care card –

(a) within the meaning of the Social Security Act 1991 of the Commonwealth; and

(b) issued to a person eligible under that Act;

hospital patient means –

(a) an admitted patient; or

(b) a non-admitted patient;

hospital services means the provision of any one or more of the following to a hospital patient:

(a) medical services;

(b) diagnostic services;

(c) nursing services;

(d) paramedical services;

(e) non-admitted patient services;

(f) dental services;

(g) accommodation;

ineligible person means an Ineligible person within the meaning of the Agreement;

non-admitted patient means a person in receipt of non-admitted patient services;

non-admitted patient services means Non-admitted patient services within the meaning of the Agreement;

nursing-home-type patient means a nursing-home-type patient within the meaning of the Commonwealth Act;

Orange Card means an Orange Card –

(a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and

(b) issued to a person eligible under that Act;

pathology services table means the table prescribed under section 4A of the Commonwealth Act;

Pensioner Concession Card means a pensioner concession card –

(a) within the meaning of the Social Security Act 1991 of the Commonwealth; and

(b) issued to a person eligible under that Act;

private patient means a Private patient within the meaning of the Agreement;

public hospital means a hospital maintained and operated by the State;

public patient means a Public patient within the meaning of the Agreement;

Seniors Health Card means a seniors health card –

(a) within the meaning of the Social Security Act 1991 of the Commonwealth; and

(b) issued to a person eligible under that Act;

White Card means a White Card –

(a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and

(b) issued to a person eligible under that Act.

4.   Fees for non-nursing-home-type patients

The fees specified in Schedule 1 are prescribed as the fees payable by or on behalf of a person who is not a nursing-home-type patient for hospital services provided to the person in a public hospital.

5.   Fees for nursing-home-type patients

The fees specified in Schedule 2 are prescribed as the fees payable by or on behalf of a nursing-home-type patient for hospital services provided to the nursing-home-type patient in a public hospital.

6.   Fees for surgically implanted prostheses

(1)  In this regulation –

gap-permitted prosthesis means a gap-permitted prosthesis within the meaning of the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth;

no-gap prosthesis means a no-gap prosthesis within the meaning of the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth.

(2)  The fees payable by or on behalf of a person for providing the person in a public hospital with –

(a) a surgically implanted prosthesis that is a no-gap prosthesis, is an amount not exceeding the minimum amount specified in relation to the no-gap prosthesis in the Schedule to the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth; or

(b) a surgically implanted prosthesis that is a gap-permitted prosthesis, is an amount not exceeding the maximum amount specified in relation to the gap-permitted prosthesis in the Schedule to the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth.

7.   Fees for dental services

The fees payable by or on behalf of a person for dental services provided to the person in a public hospital are 25% of the fees set out in relation to the dental services in the "Fee Schedule of Dental Services for Local Dental Officers and Dental Specialists" published by the department administering the Veterans' Entitlements Act 1986 of the Commonwealth on 1 November 2006, as amended from time to time.

8.   Fees not payable by certain asylum seekers

(1)  In this regulation –

medicare-ineligible asylum seeker means a person who –

(a) has applied for a protection visa under the Migration Act 1958 of the Commonwealth and whose application has not been withdrawn or finally determined in accordance with that Act; and

(b) is not entitled to medicare benefits under the Commonwealth Act; and

(c) is not entitled to a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth; and

(d) is not permitted under the conditions of the person's visa granted under the Migration Act 1958 of the Commonwealth to engage in work in Australia;

protection visa means a permanent or temporary visa included in a class of visas under Part 4 of Schedule 1 to the Migration Regulations 1994 of the Commonwealth.

(2)  A medicare-ineligible asylum seeker is not required to pay a fee prescribed by these regulations for any facility or service provided by or on behalf of the State.

9.   Interest on overdue accounts

(1)  If the whole or any part of a fee prescribed by these regulations remains unpaid 60 days after the day on which an account for that fee is rendered, interest is payable on the unpaid amount at a rate determined by the Secretary.

(2)  For the purpose of subregulation (1)  –

(a) the interest is to be simple interest calculated daily from, and including, the day immediately following the last day of the 60-day period referred to in that subregulation; and

(b) the rate of interest is not to exceed 12% per year.

SCHEDULE 1 - Fees payable by non-nursing-home-type patients

Regulation 4

PART 1 - Admitted patients

PART 2 - Non-admitted patients

PART 3 - Other services

SCHEDULE 2 - Fees payable by nursing-home-type patients

Regulation 5

1.   Interpretation

In this Schedule –

prescribed formula, in relation to the calculation of a payable fee, means –

(a) in the case of the patient contribution payable by all nursing-home-type patients, the following formula:

where –
"F"	is the fee rounded down to the nearest 5 cents;
"B"	is the daily equivalent of the maximum basic rate of age pension prescribed for the purposes of section 1064 of the Social Security Act 1991 of the Commonwealth plus the maximum rate of rent assistance prescribed for the purposes of that section of that Act; and

(b) in the case of the default benefit payable by health funds on behalf of their privately insured contributors, the following formula:

where –
"F"	is the fee rounded down to the nearest 5 cents;
"B"	is the daily equivalent of the maximum basic rate of age pension prescribed for the purposes of section 1064 of the Social Security Act 1991 of the Commonwealth plus the maximum rate of rent assistance prescribed for the purposes of that section of that Act.

2.   Fees payable by nursing-home-type patients in public hospitals

The fee payable for hospital services for each day that a nursing-home-type patient is an admitted patient in a public hospital is to be calculated in accordance with the prescribed formula.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 October 2007

These regulations are administered in the Department of Health and Human Services.