The legislation that is being viewed is valid for Sessional. Health (Fees) Regulations 2007 (S.R. 2007, No. 92) ------------------------------------------------------------------------------- CONTENTS Health (Fees) Regulations 2007 1. Short title 2. Commencement 3. Interpretation 4. Fees for non-nursing-home-type patients 5. Fees for nursing-home-type patients 6. Fees for surgically implanted prostheses 7. Fees for dental services 8. Fees not payable by certain asylum seekers 9. Interest on overdue accounts Schedule 1 - Fees payable by non-nursing-home-type patients Part 1 - Admitted patients Part 2 - Non-admitted patients Part 3 - Other services Schedule 2 - Fees payable by nursing-home-type patients Health (Fees) Regulations 2007 I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Health Act 1997. 8 October 2007 W. J. E. COX Governor By His Excellency's Command, LARA GIDDINGS Minister for Health and Human Services 1. Short title These regulations may be cited as the Health (Fees) Regulations 2007. 2. Commencement These regulations take effect on 22 October 2007. 3. Interpretation In these regulations, unless the contrary intention appears "admitted patient" means an Admitted patient within the meaning of the Agreement; "Agreement" means the agreement known as the Australian Health Care Agreement dated 1 July 2003, in force between the Commonwealth and the State for the purposes of the Health Care (Appropriation) Act 1998 of the Commonwealth, as amended from time to time; "compensable patient" means an admitted patient or a non-admitted patient who is receiving care or treatment for an injury, illness or disease for which he or she (a) has received or established his or her right to receive payment for care or treatment by way of a settled or unsettled claim for compensation or damages under (i) a law that is or has been in force in a State or a Territory; or (ii) the Workers Rehabilitation and Compensation Act 1988; or (iii) the Motor Accidents (Liabilities and Compensation) Act 1973; or (b) on attendance at a public hospital, appears to have the right to receive a payment referred to in paragraph (a); "concessional beneficiary safety net" means the concessional beneficiary safety net within the meaning of section 99F of the National Health Act 1953 of the Commonwealth; "diagnostic imaging services table" means the table prescribed under section 4AA of the Commonwealth Act; "general medical services table" means the table prescribed under section 4 of the Commonwealth Act; "general patient safety net" means the general patient safety net within the meaning of section 99F of the National Health Act 1953 of the Commonwealth; "Gold Card" means a Gold Card (a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and (b) issued to a person eligible under that Act; "Health Care Card" means a health care card (a) within the meaning of the Social Security Act 1991 of the Commonwealth; and (b) issued to a person eligible under that Act; "hospital patient" means (a) an admitted patient; or (b) a non-admitted patient; "hospital services" means the provision of any one or more of the following to a hospital patient: (a) medical services; (b) diagnostic services; (c) nursing services; (d) paramedical services; (e) non-admitted patient services; (f) dental services; (g) accommodation; "ineligible person" means an Ineligible person within the meaning of the Agreement; "non-admitted patient" means a person in receipt of non-admitted patient services; "non-admitted patient services" means Non-admitted patient services within the meaning of the Agreement; "nursing-home-type patient" means a nursing-home-type patient within the meaning of the Commonwealth Act; "Orange Card" means an Orange Card (a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and (b) issued to a person eligible under that Act; "pathology services table" means the table prescribed under section 4A of the Commonwealth Act; "Pensioner Concession Card" means a pensioner concession card (a) within the meaning of the Social Security Act 1991 of the Commonwealth; and (b) issued to a person eligible under that Act; "private patient" means a Private patient within the meaning of the Agreement; "public hospital" means a hospital maintained and operated by the State; "public patient" means a Public patient within the meaning of the Agreement; "Seniors Health Card" means a seniors health card (a) within the meaning of the Social Security Act 1991 of the Commonwealth; and (b) issued to a person eligible under that Act; "White Card" means a White Card (a) within the meaning of the Veterans' Entitlements Act 1986 of the Commonwealth; and (b) issued to a person eligible under that Act. 4. Fees for non-nursing-home-type patients The fees specified in Schedule 1 are prescribed as the fees payable by or on behalf of a person who is not a nursing-home-type patient for hospital services provided to the person in a public hospital. 5. Fees for nursing-home-type patients The fees specified in Schedule 2 are prescribed as the fees payable by or on behalf of a nursing-home-type patient for hospital services provided to the nursing-home-type patient in a public hospital. 6. Fees for surgically implanted prostheses (1) In this regulation "gap-permitted prosthesis" means a gap-permitted prosthesis within the meaning of the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth; "no-gap prosthesis" means a no-gap prosthesis within the meaning of the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth. (2) The fees payable by or on behalf of a person for providing the person in a public hospital with (a) a surgically implanted prosthesis that is a no-gap prosthesis, is an amount not exceeding the minimum amount specified in relation to the no-gap prosthesis in the Schedule to the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth; or (b) a surgically implanted prosthesis that is a gap-permitted prosthesis, is an amount not exceeding the maximum amount specified in relation to the gap-permitted prosthesis in the Schedule to the Private Health Insurance (Prostheses) Rules (No. 2) 2007 of the Commonwealth. 7. Fees for dental services The fees payable by or on behalf of a person for dental services provided to the person in a public hospital are 25% of the fees set out in relation to the dental services in the "Fee Schedule of Dental Services for Local Dental Officers and Dental Specialists" published by the department administering the Veterans' Entitlements Act 1986 of the Commonwealth on 1 November 2006, as amended from time to time. 8. Fees not payable by certain asylum seekers (1) In this regulation "medicare-ineligible asylum seeker" means a person who (a) has applied for a protection visa under the Migration Act 1958 of the Commonwealth and whose application has not been withdrawn or finally determined in accordance with that Act; and (b) is not entitled to medicare benefits under the Commonwealth Act; and (c) is not entitled to a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth; and (d) is not permitted under the conditions of the person's visa granted under the Migration Act 1958 of the Commonwealth to engage in work in Australia; "protection visa" means a permanent or temporary visa included in a class of visas under Part 4 of Schedule 1 to the Migration Regulations 1994 of the Commonwealth. (2) A medicare-ineligible asylum seeker is not required to pay a fee prescribed by these regulations for any facility or service provided by or on behalf of the State. 9. Interest on overdue accounts (1) If the whole or any part of a fee prescribed by these regulations remains unpaid 60 days after the day on which an account for that fee is rendered, interest is payable on the unpaid amount at a rate determined by the Secretary. (2) For the purpose of subregulation (1) (a) the interest is to be simple interest calculated daily from, and including, the day immediately following the last day of the 60-day period referred to in that subregulation; and (b) the rate of interest is not to exceed 12% per year. SCHEDULE 1 - Fees payable by non-nursing-home-type patients Regulation 4 PART 1 - Admitted patients Item Service provided Fee Shared ward (each Single ward (each day) day) 1. For a private patient who is (a) an advanced surgical patient (i) the first $333 $501 14 days (ii) each subsequent $231 $393 day (b) a surgical/ obstetric patient (i) the first $308 $480 14 days (ii) each subsequent $231 $393 day (c) a psychiatric patient (i) the first $308 $480 42 days (ii) the next $268 $430 23 days (iii) each subsequent $231 $393 day (d) a rehabilitation patient (i) the first $308 $480 49 days (ii) the next $268 $430 16 days (iii) each subsequent $231 $393 day (e) a same-day patient Band 1: Gastro-intestinal endoscopy, certain minor surgical items $193 ..... and non-surgical procedures that do not normally require an anaesthetic Band 2: Procedures (other than Band 1) carried out under local $230 ..... anaesthetic, no sedation, if actual time in theatre is less than one hour Band 3: Procedures (other than Band 1) carried out under general or regional $267 ..... anaesthesia or intravenous sedation, if actual time in theatre is less than one hour Band 4: Procedures carried out under general or regional anaesthesia or $308 ..... intravenous sedation, if actual time in theatre is one hour or more (f) any other patient (i) the first $268 $430 14 days (ii) each subsequent $231 $393 day 2. For an admitted patient who $740 ..... is a compensable patient For a person whose injury or disease is one for which the 3. Defence Forces of the $322 ..... Commonwealth accept responsibility For an ineligible person who 4. is a non-resident of $740 ..... Australia the fee specified in that table for that For a person receiving a service diagnostic imaging service (in 5. specified in the general addition medical services table to any fee payable under items 1, 2, 3 or 4 of this Part) the fee specified in that table for that For a person receiving a service diagnostic imaging service (in 6. specified in the pathology addition services table to any fee payable under items 1, 2, 3, 4 or 5 of this Part) the fee specified in that table for that For a person receiving a service diagnostic imaging service (in 7. specified in the diagnostic addition imaging services table to any fee payable under items 1, 2, 3, 4, 5 or 6 of this Part) PART 2 - Non-admitted patients Item Service provided Fee For a non-admitted patient 1. who is a compensable $76 (each service) patient For a person whose injury or disease is one for which 2. the Defence Forces of the $76 (each service) Commonwealth accept responsibility For a person receiving a the fee specified in that table for that 3. medical service specified service (in addition to any fee payable in the general medical under item 1 of this Part) services table For a person receiving a the fee specified in that table for that 4. medical service specified service (in addition to any fee payable in the pathology services under item 1 or 3 of this Part) table For a person receiving a the fee specified in that table for that 5. medical service specified service (in addition to any fee payable in the diagnostic imaging under item 1, 3 or 4 of this Part) services table 6. For the supply of a pharmaceutical item to (a) a person who $4.90 (each item) if the concessional holds a valid beneficiary safety net is not reached Health Care Card, Pensioner no fee (for any item) if the concessional Concession Card or beneficiary safety net is reached Seniors Health Card (b) a person who $4.90 (each item) if the concessional holds a valid White beneficiary safety net is not reached Card, Gold Card or Orange Card no fee (for any item) if the concessional beneficiary safety net is reached a maximum of $24.60 (each item) if the (c) any other general patient safety net is not reached person $4.90 (each item) if the general patient safety net is reached For the provision of a wrist support, elbow support, neck collar (soft or reinforced), Philadelphian collar, knee support (pull-on type), 7. torn-ligament support (jointed or unjointed), post-operative knee immobiliser, hinged knee cap, ankle support, abdominal support or similar non-consumable aid or appliance to (a) a person who holds a valid Health Care Card, no fee Pensioner Concession Card or Seniors Health Card (b) any other optional fee (the cost of providing the person aid or appliance) PART 3 - Other services Item Service provided Fee For the provision of a plaster cast, surgical boot, optional fee (the cost of providing both 1. splint, prosthesis or similar the service and the aid or appliance) aid or appliance to a person (a) who is not a public patient; and (b) who is not eligible under the State program known as the Community Equipment Scheme for assistance in respect of the provision of such aids and appliances; and (c) who is referred to a public hospital by a registered medical practitioner SCHEDULE 2 - Fees payable by nursing-home-type patients Regulation 5 1. Interpretation In this Schedule "prescribed formula", in relation to the calculation of a payable fee, means (a) in the case of the patient contribution payable by all nursing-home-type patients, the following formula: Click here to view image where "F" is the fee rounded down to the nearest 5 cents; is the daily equivalent of the maximum basic rate of age pension prescribed for the purposes of section 1064 of the "B" Social Security Act 1991 of the Commonwealth plus the maximum rate of rent assistance prescribed for the purposes of that section of that Act; and (b) in the case of the default benefit payable by health funds on behalf of their privately insured contributors, the following formula: Click here to view image where "F" is the fee rounded down to the nearest 5 cents; is the daily equivalent of the maximum basic rate of age pension prescribed for the purposes of section 1064 of the "B" Social Security Act 1991 of the Commonwealth plus the maximum rate of rent assistance prescribed for the purposes of that section of that Act. 2. Fees payable by nursing-home-type patients in public hospitals The fee payable for hospital services for each day that a nursing-home-type patient is an admitted patient in a public hospital is to be calculated in accordance with the prescribed formula. Displayed and numbered in accordance with the Rules Publication Act 1953. Notified in the Gazette on 17 October 2007. These regulations are administered in the Department of Health and Human Services. EXPLANATORY NOTE (This note is not part of the regulation) These regulations (a) prescribe the fees payable under the Health Act 1997 for hospital services provided to certain persons in public hospitals; and (b) are made consequentially on the repeal of the Health (Fees) Regulations 1997 under section 11 of the Subordinate Legislation Act 1992.