Document ID: chunk:federal_register_of_legislation:F2024C00561:body:0:p4
Version: federal_register_of_legislation:F2024C00561
Segment Type: other
Provision Reference: 
Character Range: 8154–10837

specified.
     (2) In this rule, HCP Data from Hospitals to Insurers means the protocol set out in the document approved by the Assistant Secretary of the Data and Analytics Branch of the Department of Health and Aged Care on 14 March 2024 which consists of "Data Specifications (HCP)" and "Explanatory Notes (HCP)", and sets out the data specifications for data provided by hospitals to private health insurers.
     (3) For the purposes of interpreting the kinds of information to be provided with respect to "Data Specifications (HCP)", reference must be made to "Explanatory Notes (HCP)".

     5. Matters to which the Minister is to have regard in declaring that a facility is a hospital
For paragraph 121‑5 (7) (f) of the Act, in deciding whether to declare that a facility is a hospital, the following matters are specified:
(a) in the case of a private facility, whether or not declaration of the premises would materially affect reasonable access by public patients to a reasonable range of services; and
(b) whether or not declaration of the premises would result in a transfer of costs from the State or Territory to any other party; and
(c) in the case of a private facility which was previously part of a public hospital, operated as a public hospital or was co‑located with a public hospital operated by a State or Territory, the adequacy of arrangements in that public hospital to ensure that patients presenting for treatment are able to exercise freely their right to elect to be treated as a public patient in that facility; and
(d) in the case of a private facility which was previously part of a public hospital, operated as a public hospital or co‑located with a public hospital operated by a State or Territory, whether or not the State or Territory and the licensee of the hospital have entered into or are prepared to enter into enforceable agreements with the Commonwealth to supply data or information to the Commonwealth to allow the Commonwealth to monitor access by public patients to a reasonable range of services, the adequacy of arrangements for patient election as to treatment as a public or private patient, the costs to the State/Territory and any other party, and the extent to which costs incurred by other parties are increasing or decreasing.

     6. Matters to which the Minister is to have regard in revoking a declaration that a facility is a hospital
For paragraph 121‑5 (7) (f) of the Act, in deciding whether to revoke a declaration that a facility is a hospital, the following matters are specified:
(a) if an undertaking has been provided by the facility's operator to provide to private health insurers information referred to in