New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 68

68 Medicare Principles and Commitments

(1) The Medicare Principles and Commitments are adopted as guidelines for the provision of public hospital services to eligible persons in New South Wales.

(2) The Medicare Principles and Commitments are as follows:

MEDICARE PRINCIPLES The Commonwealth and the States are committed to the following principles in the provision of public hospital services:

Note: The Principles focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance.

Choices of services Principle 1: Eligible persons must be given the choice to receive public hospital services free of charge as public patients

Note: Hospital services include in-patient, out-patient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards.

Note: At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether he or she wishes to be treated as a public or private patient.

Universality of services Principle 2: Access to public hospital services is to be on the basis of clinical need

None of the following factors are to be a determinant of an eligible person’s priority for receiving hospital services:

• whether or not an eligible person has health insurance,

• an eligible person’s financial status or place of residence,

• whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient.

Note: This principle applies equally to waiting times for elective surgery.

Equity in service provision Principle 3: To the maximum practicable extent, a State will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location

Note: This principle does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need.

Note: In rural and remote areas, a State should ensure provision of reasonable public access to a basic range of hospital services which are in accord with clinical practices.

COMMITMENTS In order to achieve Principles 1 to 3, the Commonwealth and States make the following Commitments regarding public hospital services for eligible persons:

Information about service provision Commitment 1: The Commonwealth and a State must make available information on the public hospital services eligible persons can expect to receive as public patients

Note: The State development of a Public Patients’ Hospital Charter in consultation with the Commonwealth will be a vehicle for the public dissemination of this information.

Note: The Charter will set out the public hospital services available to public patients.

Efficiency and quality of service provision Commitment 2: The Commonwealth and the States are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery

Note: This includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and health-related community services.

(3) Expressions used in the Medicare Principles and Commitments (and the notes to them) set out in subsection (2) have the same meanings they have in the Medicare Principles and Commitments (and the notes to them) set out in section 26 of the Health Insurance Act 1973 of the Commonwealth.

(4) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action, and, without limiting the generality of the foregoing, nothing in this section operates to create in any person legal rights not in existence before the enactment of this section.