Private Health Facilities Act 1999 Private Health Facilities Regulation 2016 1 Short title This regulation may be cited as the Private Health Facilities Regulation 2016 . 2 Commencement This regulation commences on 1 September 2016. 3 Day hospital health services For section 10(3) of the Act, definition day hospital health service, paragraph (b)(iii), the following diagnostic, surgical or other procedures are prescribed—

(a) cardiac stress testing that is not performed in compliance with the standard called ‘Specialty health services standard (version 5)’ mentioned in the Private Health Facilities (Standards) Notice 2016 ;

(b) haemodialysis;

(c) cytotoxic infusion, other than cytotoxic infusion performed as maintenance therapy within an established treatment regime;

(d) gastrointestinal endoscopy, other than the following types of gastrointestinal endoscopy—

(i) proctoscopy;

(ii) sigmoidoscopy.

4 Minimum patient throughput standard For section 12(2)(g) of the Act, the following health services are prescribed—

(a) cardiac surgery;

(b) cardiac catheterisation;

5 Prescribed change for which notice must be given (1) For the Act, section 23(4), definition prescribed change, paragraph (b) and section 48(6), definition prescribed change, paragraph (b), a change relating to an authority holder of the following kind is prescribed—

(a) a change in the name of the authority holder or an associate of the authority holder;

(b) a change in the authority holder’s address;

(i) a change of the corporation’s executive officers; or

(ii) for a corporation, other than a listed corporation, a change of the corporation’s shareholders;

(d) if the authority holder is the licensee for a private health facility—

(i) a change of the person who has the day-to-day management of the facility; or

(ii) a change of the nurse in charge of the nursing staff at the facility; or

(iii) a change of the quality assurance program for the facility; or

(iv) a change of the quality assurance entity conducting the quality assurance program for the facility; or

(v) a change as to when the facility will be reviewed, by a quality assurance entity, to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system.

(2) In this section— listed corporation has the same meaning as in section 9 of the Corporations Act. nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and

(b) in the registered nurses division of that profession.

6 Time for giving of reports (1) This section applies to reports required to be given by the licensee of a private health facility under section 144(1) of the Act. (2) For section 144(3)(b) of the Act, the following times are prescribed for giving the reports—

(a) for a report about patient identification, diagnosis and activity data—within 35 days after the end of each month during the term of the licence;

(b) for a report about clinical indicator data—within 35 days after the end of each 6-month period during the term of the licence;

(c) for a report about a review by a quality assurance entity to decide whether to certify under a quality assurance program that the facility operates, or continues to operate, under a quality assurance system—within 35 days after the licensee receives a written notice of the outcome of the review from the quality assurance entity.

7 Giving or disclosing information (1) The agreements stated in schedule 1 are prescribed for section 147(4)(c) of the Act. (2) For section 147(4)(h)(ii) of the Act, Hardes and Associates Pty Ltd ACN 079 150 940 is prescribed for the purpose of evaluating, managing, monitoring or planning health services by reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services. 8 Quality assurance entity (1) For the Act, schedule 3, definition quality assurance entity, each of the following entities is prescribed—

(a) an entity approved by the Commission as an accrediting agency;

(b) an entity accredited by JAS-ANZ as being competent to conduct a quality assurance program prescribed under section 9(1)(c).

(2) In this section— accrediting agency means an agency that accredits entities against the National Safety and Quality Health Service (NSQHS) Standards developed by the Commission. Commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth), section 8. JAS-ANZ means the Joint Accreditation System of Australia and New Zealand. 9 Quality assurance program (1) For the Act, schedule 3, definition quality assurance program, each of the following programs is prescribed—

(a) the Evaluation and Quality Improvement Program conducted by the quality assurance entity that is The Australian Council on Healthcare Standards;

(b) a program based on the Quality Improvement Council (QIC) Health and Community Services Standards conducted by the quality assurance entity that is Quality Innovation Performance Limited;

(2) In this section— AS/NZS ISO 9001 means the Australian/New Zealand Standard, jointly published by Standards Australia and Standards New Zealand, as in force from time to time under that designation (regardless of the edition or year of publication of the standard). 10 Fees The fees payable under the Act are stated in schedule 2. 11 Refund of fees (1) The chief health officer must, as soon as practicable, refund the fee paid on a relevant application if—

(a) the chief health officer refuses to grant the application; or

(b) the applicant withdraws the application before it is decided.

(2) In this section— relevant application means an application under the Act other than an application for an approval. Schedule 1 Agreements section 7(1)

1 Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, as amended from time to time, between the Commonwealth of Australia and the States and Territories of Australia, commenced 1 January 2009

2 Agreement between the Health Authorities of the States and Territories of Australia, the Australian Institute of Health and Welfare, the Australian Commission on Safety and Quality in Health Care and the Commonwealth of Australia concerning the establishment of structures and processes through which the Commonwealth, State and Territory health and statistical authorities will develop agreed programs to improve, maintain and share national health information, commenced December 2011

3 Agreement between Queensland and the Australian Capital Territory for the funding of patient services provided to residents of the Australian Capital Territory by Queensland and vice versa, for the period 1 July 2014 to 30 June 2016

4 Agreement between Queensland and New South Wales for the funding of patient services provided to residents of Queensland by New South Wales and vice versa, for the period 1 July 2012 to 30 June 2014

5 Agreement between Queensland and the Northern Territory for the funding of patient services provided to residents of the Northern Territory by Queensland and vice versa, for the period 1 July 2014 to 30 June 2017

6 Agreement between Queensland and South Australia for the funding of patient services provided to residents of Queensland by South Australia and vice versa, for the period 1 July 2014 to 30 June 2017

7 Agreement between Queensland and Tasmania for the funding of patient services provided to residents of Queensland by Tasmania and vice versa, for the period 1 July 2014 to 30 June 2017

8 Agreement between Queensland and Victoria for the funding of patient services provided to residents of Queensland by Victoria and vice versa, for the period 1 July 2014 to 30 June 2017

9 Agreement between Queensland and Western Australia for the funding of patient services provided to residents of Western Australia by Queensland and vice versa, for the period 1 July 2014 to 30 June 2017

Schedule 2 Fees section 10 $ Approvals 1 Application for an approval (Act, s 17(c))— (a) for a day hospital 1491.50 (b) for a private hospital with not more than 25 beds 2238.00 (c) for a private hospital with more than 25 beds but not more than 100 beds 2984.00 (d) for a private hospital with more than 100 beds but not more than 200 beds 3729.00 (e) for a private hospital with more than 200 beds 4475.50 2 Application for an extension of the term of an approval (Act, s 25(3)(c)) 223.50 3 Application to change an approval (Act, s 30(2)(b))— (a) for a change to the type of health services proposed to be provided at the proposed facility 445.50 (b) for an increase of more than 25 in the number of beds for the proposed facility 445.50 (c) for 1 or more other changes 223.50 4 Issue of another approval to replace a lost, stolen, destroyed or damaged approval (Act, s 38(4)) 50.00

$ Licences 5 Application for a licence (Act, s 42(c))— (a) for a day hospital 1491.50 (b) for a private hospital with not more than 25 beds 2238.00 (c) for a private hospital with more than 25 beds but not more than 100 beds 2984.00 (d) for a private hospital with more than 100 beds but not more than 200 beds 4475.50 (e) for a private hospital with more than 200 beds 7461.00 6 Application for renewal of a licence (Act, s 51(2)(c))— (a) for a day hospital— (i) if the term of the licence is 1 year or less 223.50 (ii) otherwise 670.50 (b) for a private hospital with not more than 25 beds— (i) if the term of the licence is 1 year or less 445.50 (ii) otherwise 1343.00 (c) for a private hospital with more than 25 beds but not more than 100 beds— (i) if the term of the licence is 1 year or less 893.50 (ii) otherwise 2685.00 (d) for a private hospital with more than 100 beds but not more than 200 beds— (i) if the term of the licence is 1 year or less 1789.50 (ii) otherwise 5371.00 (e) for a private hospital with more than 200 beds— (i) if the term of the licence is 1 year or less 3579.00 (ii) otherwise 10,741.50 7 Application to change a licence (Act, s 56(2)(b))— (a) for a change to the type of health services provided at the facility 893.50 (b) for an increase of not more than 25 in the number of beds for the facility 445.50 (c) for an increase of more than 25 in the number of beds for the facility 893.50 (d) for 1 or more other changes 223.50 8 Application for approval of a prescribed alteration to a private health facility (Act, section 63(c))— (a) for a day hospital 223.50 (b) for a private hospital 445.50 9 Application to transfer a licence (Act, s 68(2)(c)(ii))— (a) for a day hospital 1491.50 (b) for a private hospital with not more than 25 beds 2238.00 (c) for a private hospital with more than 25 beds but not more than 100 beds 2984.00 (d) for a private hospital with more than 100 beds but not more than 200 beds 4475.50 (e) for a private hospital with more than 200 beds 7461.00 10 Issue of another licence to replace a lost, stolen, destroyed or damaged licence (Act, s 79(4)) 50.00

sch 2 sub 2016 SL No. 175 s 6