Hospitals (Services Charges) Regulations 1984
Reprinted as at 26 November 1999
Reprinted under the Reprints Act 1984 as at 26 November 1999
Hospitals (Services Charges) Regulations 1984
CONTENTS
1.Citation1
2.Commencement1
3.Application1
4.Interpretation1
5.Charges for services4
6.Classes of patients for purpose of services6
7.Classes of in‑patients for purpose of payment of charges7
8.Classes of day patients for purpose of payment of charges10
9.Classes of out‑patients for purpose of payment of charges11
9A.Classes of same day patients for purpose of payment of charges13
10.Repeal14
Schedule — Charges for services
Notes
Reprinted under the Reprints Act 1984 as at 26 November 1999
Hospitals and Health Services Act 1927
Hospitals (Services Charges) Regulations 1984
These regulations may be cited as the Hospitals (Services Charges) Regulations 1984 1.
These regulations shall come into operation on 1 February 1984.
These regulations apply to and in relation to every public hospital to which the Act applies except for the
(1)In these regulations, unless the contrary intention appears —
“concession card” has the same meaning as it has in Part VII of the National Health Act;
“concessional beneficiary” has the meaning given by regulation 9(d);
“compensable day patient” has the meaning given by regulation 8(a);
“compensable in‑patient” has the meaning given by regulation 7(1)(c);
“compensable out‑patient” has the meaning given by regulation 9(a);
“day hospital” means an establishment which provides courses of treatment which require full‑time or part‑time non‑residential attendance at specific, regular, intervals over a period of time;
“day patient” has the meaning given by regulation 6(b);
“eligible day patient” has the meaning given by regulation 8(b);
“eligible out‑patient” has the meaning given by regulation 9(b);
“eligible person” has the meaning given by section 3 of the Commonwealth Act and —
(a)includes a person who is required by or under the Commonwealth Act to be treated; but
(b)does not include a person who is required by or under the Commonwealth Act not to be treated,
as an eligible person for the purposes of the Commonwealth Act;
“eligible war service veteran” means a war service veteran who elects to be treated under the Repatriation Private Patient Scheme being an agreement made between the Commissioner and the Deputy President of the Repatriation Commission;
“entitlement card” has the same meaning as it has in Part VII of the National Health Act;
“hospital” means public hospital to and in relation to which these regulations apply by virtue of regulation 3;
“hospital bed” means, subject to subregulation (2), a bed used for accommodation, maintenance and nursing care of a patient in a hospital that is not a nursing home;
“ineligible day patient” has the meaning given by regulation 8(c);
“ineligible in‑patient” has the meaning given by regulation 7(1)(f);
“ineligible out‑patient” has the meaning given by regulation 9(c);
“in‑patient” means a patient as defined in section 3(1) of the Commonwealth Act who is admitted to a hospital for the purpose of receiving treatment in a hospital bed;
“
“nursing home bed” means bed used for the accommodation, maintenance and nursing care of a patient at a nursing home, but does not include a hospital bed therein;
“nursing home type patient” has the meaning given by regulation 7(1)(d);
“other services” means any class of service, including the supply of goods, provided by a hospital other than a service rendered by, in, or at a hospital to any class of in‑patient, day patient, out‑patient or same day patient;
“out‑patient” has the meaning given by regulation 6(c);
“pensioner” has the meaning given by regulation 9(e);
“personal treatment entitlement card” means a personal treatment entitlement card issued under section 90 of the Veterans’ Entitlements Act 1986 of the Commonwealth;
“private in‑patient” has the meaning given by regulation 7(1)(b);
“private nursing home type patient” has the meaning given by regulation 7(1)(e);
“professional service” means service referred to in paragraph (a), (b) or (ba) of the definition of “professional service” in section 3 of the Commonwealth Act;
“public in‑patient” has the meaning given by regulation 7(1)(a);
“same day patient” has the meaning given by regulation 6(d);
“specific treatment entitlement card” means a specific treatment entitlement card issued under section 90 of the Veterans’ Entitlements Act 1986 of the Commonwealth;
“surgically implanted prostheses” means the prostheses, other than a prosthesis supplied to an eligible war service veteran for the purposes of cardiothoracic surgical service specified in a determination made under section 37(3)(af) of the Act and regulation 5(2)(b), specified in the determination made under section 4(1)(dd) of the National Health Act;
“the National Health Act” means the National Health Act 1953, as amended from time to time, of the Parliament of the Commonwealth;
“war service veteran” means a person who has received or established a right to receive, in respect of any injury or disease, treatment under the Veterans’ Entitlements Act 1986 of the Commonwealth.
(2)A bed in a nursing home may be designated as a “hospital bed” by the Minister.
[Regulation 4 amended in Gazette 25 January 1985 p.290; 25 January 1991 p.280; 31 January 1992 p.489; 9 July 1993 p.3337; 24 June 1994 p.2871; 30 September 1994 p.4975; 27 June 1995 p.2552.]
[4A. Repealed in Gazette 31 March 1995 p.1156.]
(1)The charges prescribed in the Schedule are payable in respect of —
(a)the services referred to in the Schedule and rendered by, in or at a hospital to the classes of patients referred to in the Schedule; or
(b)any other services referred to in the Schedule.
(2)Notwithstanding anything in the Schedule, the charge payable in respect of any service rendered by, in or at a hospital in respect of —
(a)any service, other than a service referred to in paragraph (c), (d) or (e), rendered to a —
(i)compensable in‑patient;
(ii)compensable day patient;
(iii)compensable out‑patient; or
(iv)compensable same day patient;
(b)any specified cardiothoracic surgical service rendered to an eligible war service veteran;
(c)the supply of any specified surgically implanted prosthesis to a —
(i)private in‑patient;
[(ii)deleted]
(iii)compensable in‑patient;
(iv)ineligible in‑patient;
(v)private same day patient;
[(vi)deleted]
(vii)compensable same day patient; or
(viii)ineligible same day patient;
(d)any magnetic resonance imaging service rendered to —
(i)a compensable in‑patient;
(ii)an ineligible in‑patient;
(iii)a compensable out‑patient;
(iv)an ineligible out‑patient;
(v)a compensable same day patient;
(vi)an ineligible same day patient; or
(vii)a person, for the purposes of research;
and
(e)the supply of any specialized orthoses or prostheses to —
(i)a compensable in‑patient;
(ii)an ineligible in‑patient;
(iii)a compensable out‑patient;
(iv)an eligible out‑patient;
(v)an ineligible out‑patient;
(vi)a compensable same day patient;
(vii)an ineligible same day patient; or
(viii)a person who is not a patient,
shall be of an amount determined by the Minister according to the cost of the service.
(3)A determination referred to in subregulation (2) —
(a)shall be published in the Gazette; and
(b)may be amended or revoked by the Minister by notice published in the Gazette.
(4)For the purposes of subregulation (2) “
[Regulation 5 amended in Gazette 9 July 1993 p.3337; 24 June 1994 pp.2871‑2; 30 September 1994 p.4974 and pp.4975‑6.]
6.Classes of patients for purpose of services
For the purpose of a service provided in respect of him by, in or at a hospital, a patient shall be classified as —
(a)an in‑patient;
(b)a day patient, namely, a person who receives treatment at a day hospital;
(c)an out‑patient, namely, a person —
(i)who attends at a hospital and receives treatment or goods under an out‑patient service provided by the hospital; or
(ii)in respect of whom a hospital provides a service elsewhere than at the hospital;
or
(d)a same day patient, namely, a person who is admitted to and discharged from a hospital, not being a day hospital, nursing home or a nursing post, between midnight on one day and midnight on the next succeeding day for the purpose of receiving treatment.
[Regulation 6 amended in Gazette 9 July 1993 p.3337.]
7.Classes of in‑patients for purpose of payment of charges
(1)Subject to subregulation (2), an in‑patient shall for the purpose of the payment of the charges prescribed in Part I of the Schedule and in any determination under regulation 5 in respect of him be classified as —
(a)a public in‑patient, namely, an in‑patient —
(i)who is an eligible person (not being a compensable in‑patient, nursing home type patient or private nursing home type patient, or an in‑patient who elects to be treated as a private in‑patient);
(ia)who elects to be treated as a public in‑patient; and
(ii)in respect of whom the hospital concerned provides in a hospital bed accommodation, maintenance, nursing care and appropriate professional services and such other necessary services as are available;
(b)a private in‑patient, namely, an in‑patient —
(i)who is an eligible person (not being a compensable in‑patient, nursing home type patient or private nursing home type patient);
(ii)who elects to be treated as a private in‑patient; and
(iii)in respect of whom the hospital concerned provides in a hospital bed accommodation, maintenance, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity;
(c)a compensable in‑patient, namely, an in‑patient who has received or established his right to receive in respect of any injury, illness or disease for which he is receiving care and treatment payment by way of compensation or damages (including payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or Internal Territory or who on attendance at a hospital appears prima facie to have the right to receive any such payment in respect of an injury, illness or disease for which he is receiving care and treatment, including a person in respect of the payment for whose care and treatment —
(i)the Workers’ Compensation and Rehabilitation Act 1981;
(ii)the Motor Vehicle (Third Party Insurance) Act 1943;
(iii)section 31A of the Act; or
(iv)the law of
applies or appears prima facie to apply;
(ca)an eligible war service veteran in‑patient, namely, an in‑patient who is a war service veteran who elects to be treated under the Repatriation Private Patient Scheme;
(d)a nursing home type patient, namely, an in‑patient (not being a compensable in‑patient or an ineligible patient) —
(i)who is a nursing home type patient within the meaning of the Commonwealth Act; and
(ii)in respect of whom the hospital concerned provides in a hospital bed accommodation and nursing care and appropriate professional services and such other necessary services as are available;
(e)a private nursing home type patient, namely, an eligible person (not being a compensable in‑patient) —
(i)who is a nursing home type patient within the meaning of the Commonwealth Act;
(ii)who elects to be treated as a private nursing home type patient; and
(iii)in respect of whom the hospital concerned provides in a hospital bed accommodation, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity;
or
(f)an ineligible in‑patient, namely, an in‑patient —
(i)who is not an eligible person (other than a person or a member of a class of persons to whom or to which a declaration made under section 6(2) of the Commonwealth Act applies in the relevant circumstances);
(ii)who is not a compensable in‑patient; and
(iii)in respect of whom the hospital concerned provides in a hospital bed accommodation, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity.
(2)At the time of admission to a hospital, or as soon as practicable after admission, an eligible person (not being a compensable in‑patient or a war service veteran) must elect whether he wishes to be classified as —
(a)a public in‑patient; or
(b)a private in‑patient.
(3)At the time of admission to a hospital, or as soon as practicable after admission, a war service veteran must elect whether he wishes to be classified as —
(a)an eligible war service veteran in‑patient;
(b)a public in‑patient; or
(c)a private in‑patient.
[Regulation 7 amended in Gazette 30 August 1985 p.3072‑3; 26 September 1986 p.3686; 9 July 1993 p.3338; 24 June 1994 pp.2872‑3.]
8.Classes of day patients for purpose of payment of charges
A day patient shall for the purpose of the payment of the charges prescribed in Part II of the Schedule and in any determination under regulation 5 in respect of him, be classified as —
(a)a compensable day patient, namely, a day patient who has received or established his right to receive in respect of any injury, illness or disease for which he is receiving care and treatment payment by way of compensation or damages (including payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or Internal Territory or who on attendance at a hospital appears prima facie to have the right to receive any such payment in respect of an injury, illness or disease for which he is receiving care and treatment, including a person in respect of the payment for whose care and treatment —
(i)the Workers’ Compensation and Rehabilitation Act 1981;
(ii)the Motor Vehicle (Third Party Insurance) Act 1943;
(iii)section 31A of the Act; or
(iv)the law of
applies or appears prima facie to apply;
(b)an eligible day patient, namely, a day patient —
(i)who is an eligible person; but
(ii)who is not a compensable day patient;
or
(c)an ineligible day patient, namely, a day patient —
(i)who is not an eligible person; and
(ii)who is not a compensable day patient.
[Regulation 8 amended in Gazette 26 September 1986 p.3686; 24 June 1994 p.2873.]
9.Classes of out‑patients for purpose of payment of charges
An out‑patient shall for the purpose of the payment of the charges prescribed in Part III of the Schedule and in any determination under regulation 5 in respect of him be classified as —
(a)a compensable out‑patient, namely, an out‑patient who has received or established his right to receive in respect of any injury, illness or disease for which he is receiving care and treatment payment by way of compensation or damages (including payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or Internal Territory or who on attendance at a hospital appears prima facie to have the right to receive any such payment in respect of an injury, illness or disease for which he is receiving care and treatment, including a person in respect of the payment for whose care and treatment —
(i)the Workers’ Compensation and Rehabilitation Act 1981;
(ii)the Motor Vehicle (Third Party Insurance) Act 1943;
(iii)section 31A of the Act; or
(iv)the law of
applies or appears prima facie to apply;
(ab)a war service veteran out‑patient, namely, an out‑patient who is a war service veteran;
(b)an eligible out‑patient, namely, an out-patient —
(i)who is an eligible person; but
(ii)who is not a compensable out‑patient or war service veteran out‑patient;
(c)an ineligible out‑patient, namely, an out‑patient —
(i)who is not an eligible person; and
(ii)who is not a compensable out‑patient or war service veteran out‑patient;
(d)a concessional beneficiary, namely, an out patient who is a concessional beneficiary as defined by section 84 of the National Health Act or a dependant as defined by that section of such a concessional beneficiary; or
(e)a pensioner, namely, an out‑patient who is a pensioner as defined by section 4 of the National Health Act or a dependant as defined by that section of such a pensioner.
[Regulation 9 amended in Gazette 26 September 1986 p.3686; 24 June 1994 p.2873.]
9A.Classes of same day patients for purpose of payment of charges
(1)A same day patient shall for the purpose of the payment of charges prescribed in Part IV of the Schedule and in any determination under regulation 5 in respect of him be classified as —
(a)a public same day patient, namely, a same day patient who is an eligible person (not being a compensable same day patient, an eligible war service veteran same day patient or a same day patient who elects to be treated as a private same day patient);
(b)a private same day patient, namely, a same day patient who is an eligible person (not being a compensable same day patient) and who elects to be treated as a private same day patient;
(c)a compensable same day patient, namely, a same day patient who is an eligible person and who has received or established his right to receive in respect of any injury, illness or disease for which he is receiving care and treatment payment by way of compensation or damages (including payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or Internal Territory or who on attendance at a hospital appears prima facie to have the right to receive any such payment in respect of an injury, illness or disease for which he is receiving care and treatment, including a person in respect of the payment for whose care and treatment —
(i)the Workers’ Compensation and Rehabilitation Act 1981;
(ii)the Motor Vehicle (Third Party Insurance) Act 1943;
(iii)section 31A of the Act; or
(iv)the law of
applies or appears prima facie to apply;
(d)an eligible war service veteran same day patient, namely, a same day patient who is a war service veteran who elects to be treated under the Repatriation Private Patient Scheme; or
(e)an ineligible same day patient, namely, a same day patient who is not an eligible person.
(2)At the time of admission to a hospital, or as soon as practicable after admission, an eligible person (not being a compensable same day patient or war service veteran) must elect whether he wishes to be classified as a —
(a)public same day patient; or
(b)private same day patient.
(3)At the time of admission to a hospital, or as soon as practicable after admission, a war service veteran must elect whether he wishes to be classified as —
(a)an eligible war service veteran same day patient;
(b)a public same day patient; or
(c)a private same day patient.
[Regulation 9A inserted in Gazette 9 July 1993 p.3338; amended in Gazette 24 June 1994 pp.2873‑4.]
The Hospitals (Services Charges) Regulations 1981 * are repealed.
[*Published in Gazette 28 August 1981 pp.3556‑9.]
