Commonwealth Numbered Acts

Health Legislation Amendment Act 1983 No. 54 of 1983 - SECT 89

89. (1) Section 4 of the Principal Act is amended-

         (a)  by inserting after the definition of ''basic hospital benefits
table'' or ''basic table'' the following definition:

'' 'basic private table' or 'basic table', in relation to a registered
health benefits organization, means a table that incorporates a range of
benefits of the following kinds and no other benefits:

   (a)  in respect of hospital treatment provided to persons as in-patients in
        a hospital in the State or Territory to which the table relates, being
        patients who are not nursing-home type patients-benefits equal to the
        amount of the standard hospital fees in relation to that State or
        Territory;

   (b)  in respect of hospital treatment provided to persons as in-patients in
        a hospital other than a private hospital in the State or Territory to
        which the table relates, being nursing-home type patients-benefits
        equal to the amount of the standard hospital fees in relation to that
        State or Territory less the amount of the patient contribution in
        relation to that patient for each day on which that patient is an
        in-patient in the hospital;

   (c)  in respect of hospital treatment provided to persons as in-patients in
        a private hospital in a State or Territory to which the table relates,
        being nursing-home type patients-

        (i)    an amount equal to the fees or charges incurred in respect of
               the hospital treatment for the patient concerned (excluding any
               amount of daily bed payment payable to the hospital
               in respect of the patient concerned in accordance with section
               33 of the Health Insurance Act 1973) less the amount of the
               patient contribution in relation to the patient concerned for
               each day on which that patient was an in-patient in the
               hospital; or

        (ii)   the amount of the standard hospital fees in relation to that
               State or Territory,

whichever is the lesser amount;

   (d)  in respect of hospital treatment provided to persons as in-patients in
        a hospital in a State or Territory (other than the State or Territory
        to which the table relates)-benefits equal to-

        (i)    an amount of benefits, calculated in accordance with paragraph
               (a), (b) or (c), whichever is appropriate, on the basis that
               the hospital is situated in the State or Territory to which the
               table relates; or

        (ii)   an amount of benefits, calculated in accordance with paragraph
               (a), (b) or (c), whichever is appropriate, on the basis that
               the table relates to the State or Territory in which the
               hospital is situated,

whichever is the greater amount;

   (e)  such other benefits (if any) as are prescribed for the purposes of
        this definition;'';

   (b)  by inserting in the definition of ''contributor'' in sub-section
(1) ''a health benefits fund,'' after ''in relation to'';

   (c)  by inserting in the definition of ''dependant'' (first
occurring) in sub-section (1) ''a health benefits fund,'' after ''contributor
to'';

   (d)  by inserting in the definition of ''organization'' in
sub-section (1) ''a health benefits fund,'' after ''conducts'';

   (e)  by inserting after the definition of ''records'' in sub-section (1)
        the following definition:

'' 'registered health benefits organization' means an organization registered
under Part VI for the purpose of conducting a health benefits fund or
health benefits funds;''; and

   (f)  by inserting after the definition of ''restricted membership
        organization'' in sub-section (1) the following definition:

'' 'supplementary hospital table', in relation to a registered health benefits
organization, means a table of benefits that-

   (a)  is not a basic table; and

   (b)  includes benefits in respect of-

        (i)    the provision of hospital treatment in a single room in a
               hospital other than a private hospital; or

        (ii)   the provision of hospital treatment in a private hospital;''.

(2) Section 4 of the Principal Act is amended by adding at the end thereof the
following sub-section:

''(6) In this Act, unless the contrary intention appears, a reference to
a hospital benefits fund, a medical benefits fund, or a health benefits fund,
conducted by a registered organization in respect of a State or Territory
shall, in relation to a restricted membership organization registered
in respect of that State or Territory, be read as including a reference to the
hospital benefits fund, medical benefits fund or health benefits fund, as the
case may be, conducted by that organization in respect of that State or
Territory and every other State or Territory in respect of which the
organization is registered.''.