Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 2) 1978 No. 132, 1978 - SECT 3

3. (1) Section 4 of the Principal Act is amended-
(a) by inserting in sub-section (1), after the definition of ''approved'', the
following definitions:

'' 'basic hospital benefits table' or 'basic table', in relation to a
registered hospital 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 of
        a hospital in the State or Territory to which the table
        relates-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 costs of that hospital treatment;

   (b)  in respect of hospital treatment provided to persons as in-patients of
        a hospital in any other State or Territory-benefits equal to-

        (i)    the fees charged for the provision of hospital treatment in a
               recognized hospital in the State or Territory to which the
               table relates 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 costs of that
               hospital treatment; or

        (ii)   the fees charged for the provision of hospital treatment in a
               recognized hospital in the State or Territory in which the
               hospital is situated in respect of such a patient,

whichever are the greater;

   (c)  in respect of professional services rendered to persons as in-patients
        of a recognized hospital, whether situated in the State or Territory
        to which the table relates or elsewhere, 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;

   (d)  in respect of out-patient services provided to persons by a hospital
        in a State or Territory in which recognized hospitals make charges for
        the provision of out-patient services-

        (i)    if that hospital is a recognized hospital-benefits equal to the
               charges made by that hospital for the provision of those
               services to persons who are not entitled to receive
               compensation or damages in respect of the cost of those
               services; or

        (ii)   if that hospital is not a recognized hospital-benefits equal to
               the charges made by that hospital for the provision of those
               services or the charges made by 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, whichever are
               the less;

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

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

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

   (a)  a range of benefits in respect of the provision of every professional
        service in respect of which a Commonwealth medical benefit is payable,
        such that each benefit in respect of a professional service is an
        amount that, when added to the amount of the Commonwealth medical
        benefit in respect of that professional service, equals the amount of
        the guaranteed medical benefit in respect of that professional
        service;

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

   (b)  by adding at the end of sub-paragraph (i) of paragraph (c) of the
definition of ''dependant'' (in relation to a pensioner) in sub-section (1)
''but is under the age of 25 years'';

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

'' 'fund medical benefit', in relation to a professional service, means the
amount payable, in accordance with a basic table, to a contributor to a
medical benefits fund conducted by a registered organization;'';

   (d)  by inserting in sub-section (1), after the definition of ''Government
        nursing home'', the following definition:

'' 'guaranteed medical benefit', in relation to a professional service, means
an amount equal to the amount that the Commonwealth medical benefit in respect
of that professional service would be if-

   (a)  the reference in sub-paragraph (i) of paragraph (c) of sub-section (2)
        of section 10 of the Health Insurance Act 1973 to 40% were a reference
        to 75%; and

   (b)  each of the references in sub-paragraph (ii) of paragraph (c) of
        sub-section (2) of that section to $20 were a reference to $10;'';

   (e)  by inserting in sub-section (1), after the definition of ''nursing
        home fund benefit'', the following definitions:

'' 'optional hospital benefits table' or 'optional table', in relation to a
registered hospital benefits organization, means a table of benefits that is
declared by the Minister, under section 73E, to be an optional hospital
benefits table;

'' 'optional medical benefits table' or 'optional table', in relation to a
registered medical benefits organization, means a table of benefits that is
declared by the Minister, under section 73E, to be an optional medical
benefits table;'';

   (f)  by inserting in sub-section (1), after the definition of ''qualified
        nursing home patient'', the following definition:

'' 'records', in relation to a registered organization, includes claims for
Commonwealth medical benefits or fund benefits by contributors or registered
persons lodged with the organization and any other documents in the custody or
control of the organization relating to such claims;'';

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

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

   (a)  is not a basic table or an optional table; and

   (b)  includes benefits in respect of-

        (i)    the provision of hospital accommodation in a single room in a
               recognized hospital; or

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

   (h)  by omitting from sub-section (1) the definitions of ''the standard
        hospital benefits table'' or ''the standard table'' and ''the standard
        medical benefits table'' or ''the standard table'';

   (j)  by omitting from sub-section (1) the definition of ''the Northern
        Territory'';

   (k)  by adding at the end of sub-section (1) the following definition:

'' 'waiting period', in relation to a contributor, means a period that, by
virtue of section 4A, is to be deemed to be a waiting period for the purposes
of this Act in relation to that contributor.'';

   (l)  by omitting from paragraph (a) of sub-section (1B) ''the standard
        hospital benefits table'' and substituting ''a basic table or an
        optional table''; and

   (m)  by omitting from paragraph (b) of sub-section (1B) ''the standard
        hospital benefits table'' and substituting ''that table''.

(2) Where, immediately before the commencement of paragraph (1) (b), a
dependant of a pensioner was a person who had attained the age of 25 years,
that person shall, on and after the commencement of that paragraph continue to
be treated as a dependent of that pensioner for the purposes of the National
Health Act 1953 notwithstanding the amendment made by that paragraph.