Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1985 No. 70, 1985 - SECT 12

12. Section 4 of the Principal Act is amended-
(a) by inserting after paragraph (d) of the definition of "basic private
table" or "basic table" in sub-section (1) the following paragraphs:



"(da) in respect of a professional service rendered to a person who is an
in-patient of a hospital or day hospital facility (being a professional
service in respect of which medicare benefit is payable)-a benefit equal to-

        (i)    the amount (if any) by which the fee specified in the table in
               respect of the service in relation to the State in which the
               service is rendered exceeds the medicare benefit payable in
               respect of the service; or

        (ii)   if the medical expenses incurred in respect of the service are
               less than that fee, the amount (if any) by which the medical
               expenses exceed the medicare benefit payable in respect of the
               service;

   (db) in respect of a day on which a person occupies a bed in a hospital,
        for a period that does not include part of an overnight stay, for the
        purpose of permitting the provision of professional attention to the
        person at the hospital-a benefit equal to-

        (i)    the amount determined by the Minister, in writing, for the
               purposes of this paragraph in relation to the State or
               Territory in which the hospital is situated or, if the Minister
               determines, in writing, another amount for the purposes of this
               paragraph in relation to the professional attention, or a class
               of professional attention in which the professional attention
               is included, in relation to the State or Territory, the other
               amount; or

        (ii)   if the charge made by the hospital in respect of the occupancy
               by the person of a bed in the hospital on that day is less than
               that amount or that other amount, as the case may be, the
               charge;

   (dc) in respect of a day on which a person occupies a bed in a day hospital
        facility, for a period that does not include part of an overnight
        stay, for the purpose of permitting the provision of professional
        attention to the person at the day hospital facility, being
        professional attention, or professional attention included in a class
        of professional attention, determined by the Minister, in writing, to
        be professional attention or a class of professional attention, as the
        case may be, to which this paragraph applies-a benefit equal to-

        (i)    the amount determined by the Minister, in writing, for the
               purposes of this paragraph in relation to the State or
               Territory in which the day hospital facility is situated or, if
               the Minister determines, in writing, another amount for the
               purposes of this paragraph in relation to the professional
               attention, or a class of professional attention in which the
               professional attention is included, in relation to the State or
               Territory, the other amount; or

        (ii)   if the charge made by the day hospital facility in respect of
               the occupancy by the person of a bed in the day hospital
               facility on that day is less than that amount or that other
               amount, as the case may be, the charge;

   (dd) in respect of a prosthesis provided to a person who is an in-patient
        in a hospital, being a prosthesis, or a prosthesis included in a class
        of prostheses, determined by the Minister, in writing, to be a
        prosthesis or a class of prostheses, as the case may be, to which this
        paragraph applies-a benefit equal to-

        (i)    the amount determined by the Minister, in writing, for the
               purposes of this paragraph in relation to the prosthesis, or a
               class of prostheses in which the prosthesis is included, in
               relation to the State or Territory in which the prosthesis is
               provided; or

        (ii)   if the charge made for the prosthesis is less than that amount,
               the charge;";

   (b)  by inserting after the definition of "contributor" in sub-section (1)
        the following definition:



" 'day hospital facility' means-

   (a)  premises registered as a hospital under a law of a State or Territory
        relating to the registration of hospitals; or

   (b)  premises, or premises included in a class of premises, prescribed for
        the purposes of this paragraph,
but does not include-

   (c)  a recognized hospital, a private hospital or a hospital declared by
        the Minister to be a hospital for the purposes of the definition of
        'hospital' in sub-section 3 (1) of the Health Insurance Act 1973; or

   (d)  premises, or premises included in a class of premises, prescribed for
        the purposes of this paragraph;";

   (c)  by inserting after the definition of "guaranteed medical benefit" in
        sub-section (1) the following definition:



" 'in-patient', in relation to a day hospital facility, means a person who
occupies a bed in the day hospital facility for the purpose of permitting the
provision of professional attention to the person at the day hospital
facility;"; and

   (d)  by inserting after sub-section (1A) the following sub-sections:



"(1B) Where a person is an in-patient of a hospital or day hospital facility
for a part of a day, the person shall, for the purposes of paragraph (da) of
the definition of 'basic private table' or 'basic table' in sub-section (1),
be deemed to have been an in-patient of the hospital or day hospital facility,
as the case may be, for the whole of the day.



"(1BA) A Territory shall, for the purposes of paragraph (da) of the definition
of 'basic private table' or 'basic table' in sub-section (1), be deemed to
form part of the State of New South Wales.".