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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 75
Medical
Services Amendment Bill 2018
Ms
Fyles
A Bill for an Act to amend the Medical Services Act 1982
NORTHERN TERRITORY OF AUSTRALIA
MEDICAL SERVICES AMENDMENT ACT 2018
____________________
Act No. [ ] of 2018
____________________
Table of provisions
4A Effect
of National Health
Agreement
6 Powers
of
Minister
20 Validation
of charges for medical services
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2018
____________________
An Act to amend the Medical Services Act 1982
[Assented to [ ] 2018]
[Introduced [ ] 2018]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Medical Services Amendment Act 2018.
This Act commences on the day after the day on which the Administrator's assent to this Act is declared.
Part
2 Amendment of Medical Services Act
1982
3 Act
amended
This Part amends the Medical Services Act 1982.
After section 4
insert
4A Effect of National Health Agreement
The Minister must ensure, as far as possible, that the Medicare principles in the National Health Agreement are complied with in administering this Act and in the provision of medical services by the Territory or in hospitals in the Territory.
5 Section 5 amended (Definitions)
(1) Section 5, definitions health practitioner, medical services, nursing home, salaried dentist or salaried medical practitioner and vehicle
omit
(2) Section 5
insert (in alphabetical order)
medical service means:
(a) a service for maintaining, improving, restoring or managing people's health and wellbeing; and
(b) the supply of any goods or services in relation to a service mentioned in paragraph (a).
Examples for definition medical service, paragraph (b)
Appliances and home modifications, prostheses, pharmaceuticals, aeromedical and other transport services, blood management services and administrative support services.
National Health Agreement means:
(a) the National Health Reform Agreement as defined in section 3(1) of the National Health Funding Pool and Administration (National Uniform Legislation) Act 2012; or
(b) any agreement that replaces or supersedes that agreement.
nursing home means premises declared under section 6(2) to be a nursing home.
salaried, in relation to a dentist or medical practitioner, means a dentist or medical practitioner who is carrying out duties as a public sector employee.
vehicle, see section 5(1) of the Motor Vehicles Act 1949.
(3) Section 5, definition declared premises
omit
the subject of a declaration under section 6(2)(a)
insert
declared under section 6(2)
(4) Section 5, definition dependant, paragraph (a)
omit
the spouse or de facto partner of the person if he or she
insert
a spouse or de facto partner of the person who
(5) Section 5, definition private nurse, paragraph (b)
omit, insert
(b) is not a public sector employee.
Section 6
repeal, insert
(1) The Minister may arrange for the provision of medical services in accordance with section 4A as the Minister considers appropriate.
(2) The Minister may, by Gazette notice, declare premises to be any of the following:
(a) a hospital;
(b) a nursing home;
(c) an urban health centre;
(d) any other health centre as specified in the notice.
(3) The Minister may, by Gazette notice, determine fees and charges for medical services provided under this Act.
(4) Without limiting subsection (3), the Minister may:
(a) determine that no fee or charge is payable, or that a particular fee or charge is payable:
(i) for a medical service provided to a particular type of patient; or
(ii) for a medical service provided at a particular place; and
(b) adopt by reference any fees or charges (as in force at a particular time or as in force from time to time) fixed or determined by a Commonwealth authority or body.
7 Section 9 amended (Transport of patients inside and outside the Territory)
Section 9(5)
omit
8 Section 10 repealed (Costs payable in certain circumstances)
Section 10
repeal
9 Section 14 amended (Burial expenses)
Section 14(3)
omit
10 Section 17 amended (Use of facilities by private practitioners)
Section 17(5)
omit, insert
(5) The CEO may also approve any of the following persons to attend on a patient in declared premises and subsections (8) and (10) apply to the person as if the person were a visiting medical practitioner:
(a) a health practitioner as defined in section 5 of the Health Practitioner Regulation National Law, other than an individual who practises in the dental, medical, nursing, midwifery or pharmacy professions;
(b) a dietitian, masseur, naturopath, social worker, speech pathologist, audiologist or audiometrist;
(c) a person who provides pathology services.
After section 19
insert
20 Validation of charges for medical services
(1) Any charge for medical services determined or purported to be determined under this Act before the commencement, that would have been valid had it been determined after the commencement, is taken to be and to have always been valid.
(2) Any charge mentioned in subsection (1) recovered or purported to be recovered before the commencement is taken to be, and to have always been, validly recovered.
(3) In this section:
commencement means the commencement of the Medical Services Amendment Act 2018.
12 Schedule 2 repealed (Clauses 1 to 3 of Agreement)
Schedule 2
repeal
Schedule 1 has effect.
Part
3 Amendment of other
laws
14 Other
laws amended
Schedule 2 amends the laws mentioned in it.
Part 4 Repeal
of
Act
15 Repeal
of Act
This Act is repealed on the day after it commences.
Schedule 1 Act further amended
section 13
Provision
|
Amendment
|
|
---|---|---|
|
omit
|
insert
|
section 4(1)
|
Subject to subsection (2), this
|
This
|
section 4(2)
|
whole subsection
|
|
section 7(2)(c)
|
charges
|
fees and charges
|
Part III, heading, after "of"
|
|
fees and
|
section 12, heading
|
Charges, &c.,
|
Fees and charges
|
sections 12(1)
|
charge
services rendered
|
fee or charge
medical services provided
|
section 13, heading, after "of"
|
|
fees and
|
section 13(1)
|
charge
|
fee or charge
|
section 13(2)
|
Subject to subsection (3), if
dependant, the person upon whom the person is
dependent is liable for payment of the charges
|
If dependant of someone else, the other person is
liable for payment of the fees or charges
|
section 13(3)
|
whole subsection
|
(3) If an infant who receives medical services is
not a dependant of a person, the infant and the infant's parent or guardian are
jointly and severally liable for payment of the fees or charges.
|
section 13(4)
|
where a charge or part of a charge
shall be
charge
|
if a fee or charge, or part of a fee or
charge,
is
fee or charge
|
section 13(4)(a) and (b)
|
charge
(all references)
|
fee or charge
|
section 13(5)
|
(4)(a) and (b)
|
(4)
|
section 15, heading, after "of"
|
|
fees and
|
section 15(1) and (2)
|
charge
|
fee or charge
|
section 18(a), after "for"
|
charges
|
fees and
|
section 14
Provision
|
Amendment
|
|
---|---|---|
|
omit
|
insert
|
Cross-border Justice Regulations
2009
|
||
regulation 58(2), definition hospital,
paragraph (a)
|
6(2)(a)(i)
|
6(2)
|
Medicines, Poisons and Therapeutic Goods Act
2012
|
||
section 5, definition manager,
paragraph (a)
|
6(2)(a)(i)
|
6(2)
|
Rail Safety (National Uniform Legislation)
Regulations 2013
|
||
regulation 6(7), definition
hospital
|
6(2)(a)(i)
|
6(2)
|
Traffic Act 1987
|
||
section 3(1), definition
hospital
|
6(2)(a)(i)
|
6(2)
|
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