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National Health Act 1953 - Determination pursuant to subsection 5D(1) (PSO 11/2005)

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AUSTRALIAN GOVERNMENT
 
 
 
NATIONAL HEALTH ACT 1953
 
 
DETERMINATION PURSUANT TO SUBSECTION 5D(1)
 
(PSO 11 / 2005)
 
 
 
I, GAIL ANNE YAPP, delegate of the Minister for Health and Ageing, acting pursuant to subsection 5D(1) of the National Health Act 1953 (the Act) hereby specify the services set out in the Schedule to this Determination provided by, or on behalf of, the hospitals and day hospital facilities specified in the Schedule to this Determination for the purposes of the definition of outreach services in subsection 4(1) of the Act.
 
This Determination shall come into force on 1 January 2006 and shall remain in force until, and including, 31 December 2008.
 
 
 
Dated this       21st                 day of    December                        2005
 
 
 
 
Gail Yapp
………………………………
GAIL ANNE YAPP
Assistant Secretary
Acute Care Strategies Branch
(Position no. 200 036 37)
 
Delegate of the Minister for Health and Ageing
 
SCHEDULE
 
Specified services provided by, or on behalf of, specified hospitals or day hospital facilities
Definitions
 
1.      In this Schedule:
(a)            "relevant health services" means all medical, surgical, diagnostic, nursing, dental, chiropody, chiropractic, eye therapy, occupational therapy, physiotherapy, speech therapy or similar services or treatment that are not professional services; and
(b)            "professional service" has the same meaning as in subsection 3(1) of the Health Insurance Act 1973.
 
Specified services and hospitals
 
2.      Relevant health services provided to a patient as part of New Farm Clinic Community Outreach Program by, or on behalf of, New Farm Clinic, New Farm, Queensland.
 
              New Farm Clinic Community Outreach Program provides psychiatric treatment to patients in their homes.
 
3.      Relevant health services provided to a patient as part of Northeast Health Wangaratta Outreach Program by, or on behalf of, Northeast Health Wangaratta, Victoria.
 
              Northeast Health Wangaratta Outreach Program provides treatment to patients in their homes.
 
4.      Relevant health services provided to a patient as part of Northern Sydney Central Coast Health Acute/Post Acute Care by, or on behalf of:
 
Hornsby Hospital;
 
Royal North Shore Hospital;
 
Ryde Hospital;
 
Mona Vale Hospital; or
 
Manly Hospital
 
              Northern Sydney Central Coast Health Acute/Post Acute Care provides treatment to patients in their homes.
 
5.      Relevant health services provided to a patient as part of St John of God Health Care – Murdoch Outreach Program by, or on behalf of, St John of God Hospital – Murdoch, Western Australia.
 
              St John of God Health Care – Murdoch Outreach Program provides treatment to patients in their homes.
 
6.      Relevant health services provided to a patient as part of St John of God Health Care – Subiaco Outreach Program by, or on behalf of, St John of God Hospital – Subiaco, Western Australia .
 
              St John of God Health Care – Subiaco Outreach Program provides treatment to patients in their homes.
 
Notes
 
Note 1:      Health funds can pay benefits under an applicable benefits arrangement (sometimes referred to as a “hospital cover policy”) for any service specified in this Determination if, and only if, the service is provided to a patient as a direct substitute for hospital treatment that would otherwise be provided in a hospital or day hospital facility (see the definition of "outreach service" in subsection 4(1) of the National Health Act 1953 (the Act) as well as sections 5A, 5C and 5D of the Act).
 
Note 2:      Health funds can also pay benefits for professional services that are rendered to a patient by a medical practitioner while the services specified in this Determination are being provided, so long as those services are being provided as a direct substitute for treatment that would ordinarily be provided in a hospital or day hospital facility. Under section 5C of the Act outreach services (defined in subsection 4(1) of the Act) are deemed to be a form of "hospital treatment". Under section 5A of the Act health funds can provide benefits under an applicable benefits arrangement for hospital treatment and any professional services rendered to a patient by a medical practitioner while the hospital treatment is being provided. The Determination in effect allows health funds to provide benefits under an applicable benefits arrangement for those out-of-hospital professional services that are provided while services that are specified in this Determination are being provided as a direct substitute for treatment that would ordinarily be provided in a hospital or day hospital facility. However, the Determination does not permit health funds to provide benefits for professional services provided out-of-hospital in any other situation.