Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT 1976 No. 60, 1976 - SECT 3

3. Section 4 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''approved'' and
substituting the following definition:-

'' 'approved', in relation to a nursing home, means approved, or deemed to be
approved, under Division 2 of Part V, and 'approval' has a corresponding
meaning;'';

   (b)  by inserting in sub-section (1), after the definition of ''Committee
        of Inquiry'', the following definitions:-

'' 'contributor', in relation to a medical benefits fund or a hospital
benefits fund conducted by a registered organization, means a person who is a
contributor to that fund in accordance with the rules of that organization;

'dependant', in relation to a contributor to a medical benefits fund or a
hospital benefits fund conducted by a registered organization, means a person
who is a dependant of that contributor in accordance with the rules of that
organization;'';

   (c)  by omitting from sub-section (1) the definition of ''gross fees'' and
        substituting the following definition:-

'' 'gross fees', in relation to the nursing home care of a qualified
nursing home patient, means the amount of fees that would be payable by or on
behalf of the patient to the proprietor of the home in respect of the care
without deduction of the amount of Commonwealth benefit under Part V or of any
nursing home fund benefit;'';

   (d)  by omitting from sub-section (1) the definitions of ''hospital'',
        ''hospital fund benefit'' and ''hospital treatment'';

   (e)  by omitting from sub-section (1) the definitions of ''medical
        practitioner'' and ''nursing care'';

   (f)  by omitting the definition of ''professional attention'';

   (g)  by omitting the definition of ''proprietor'' and substituting the
        following definition:-

'' 'proprietor' means-

   (a)  in relation to a public nursing home-the authority or body of persons
        conducting the nursing home; or

   (b)  in relation to a private nursing home-the owner of the business or
        undertaking carried on at the nursing home;'';

   (h)  by omitting from sub-section (1) the definition of ''qualified
        hospital patient'';

   (i)  by omitting from the definition of ''registered hospital benefits
        organization'' in sub-section (1) the words ''for the purposes of Part
        V of this Act'' and substituting the words ''for the purpose of
        conducting a hospital benefits fund or hospital benefits funds'';

   (j)  by omitting from the definition of ''registered medical benefits
        organization'' in sub-section (1) the words ''for the purposes of Part
        III of this Act'' and substituting the words ''for the purpose of
        conducting a medical benefits fund or medical benefits funds'';

   (k)  by omitting from sub-section (1) the definition of ''registered
        nurse'';

   (l)  by omitting from sub-section (1) the definition of ''Territory'' and
        substituting the following definitions:-

'' 'Territory' means an internal Territory;

'the standard hospital benefits table' or 'the standard table' means, in
relation to a registered hospital benefits organization, in respect of a State
or Territory-benefits of the following kinds:-

   (a)  benefits equal to the fees charged for the provision of hospital
        treatment in a recognized hospital in that State or Territory in
        respect of a private patient in other than a single room, being a
        patient who is not entitled to receive compensation or damages in
        respect of the cost of that hospital treatment;

   (b)  in respect of professional services rendered to persons as in-patients
        of a recognized hospital by medical practitioners employed by, or
        under arrangements made by, the hospital-benefits equal to the charges
        made by the hospital for the provision of those services to patients
        who are not entitled to receive compensation or damages in respect of
        the cost of those services;

   (c)  in the case of a State or Territory in which recognized hospitals make
        charges for out-patient services-benefits equal to so much of the
        charges made by those hospitals for the provision of those services as
        is equal to the charges made by the recognized hospitals in that State
        or Territory for the provision of services of that kind to persons who
        are not entitled to receive compensation or damages in respect of the
        cost of those services;

   (d)  benefits of the kind referred to in sub-section (1) of section 73C;
        and

   (e)  such other benefits (if any) as are prescribed in relation to a
        registered hospital benefits organiz- ation under sub-section (2) of
        section 73BA;

'the standard medical benefits table' or 'the standard table' means, in
relation to a registered medical benefits organization, in respect of a State
or Territory-a range of benefits corresponding to the medical benefits payable
in respect of services rendered to eligible persons in that State or Territory
under Part II of the Health Insurance Act 1973-1976 and such other benefits
(if any) as are prescribed in relation to a registered medical benefits
organization under sub-section (2) of section 73BA;'';

   (m)  by omitting from sub-section (1) the definition of ''the common form
        of pensioner medical service agreement'';

   (n)  by omitting the definition of ''the proclaimed date'';

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

''(1A) In this Act, unless the contrary intention appears, a word or phrase
defined for the purposes of the Health Insurance Act 1973-1976 has the meaning
that it would have if used in that Act.

''(1B) For the purposes of this Act, where the Government of a State or an
institution conducted by a State pays, or has paid, contributions to a
hospital benefits fund conducted by a registered hospital benefits
organization on behalf of a person other than a person employed by that
Government or by that institution, that person shall not, by reason of the
payment of those contributions, be deemed to be, or to have been, a
contributor to that fund.''; and

   (p)  by omitting sub-sections (3) and (4).