GOVERNMENT GAZETTE – 23 June 2017 Government Gazette of the State of New South Wales Number 67 Friday, 23 June 2017 The New South Wales Government Gazette is the permanent public record of official notices issued by the New South Wales Government. It also contains local council and other notices and private advertisements. The Gazette is compiled by the Parliamentary Counsel’s Office and published on the NSW legislation website (www.legislation.nsw.gov.au) under the authority of the NSW Government. The website contains a permanent archive of past Gazettes. To submit a notice for gazettal – see Gazette Information. By Authority ISSN 2201-7534 Government Printer 2933 NSW Government Gazette No 67 of 23 June 2017 Government Notices GOVERNMENT NOTICES Miscellaneous Instruments Workers Compensation (Ambulance Services Fees) Order 2017 under the Workers Compensation Act 1987 I, Carmel Donnelly, A/Chief Executive of the State Insurance Regulatory Authority, pursuant to section 63 of the Workers Compensation Act 1987, make the following Order. Dated this 20th day of June 2017 Carmel Donnelly A/Chief Executive State Insurance Regulatory Authority EXPLANATORY NOTE Provision of ambulance services in New South Wales is restricted to the Ambulance Service of NSW and the entities listed under section 67E (3) of the Health Services Act 1997. This Order prescribes the rates applicable for Ambulance services to an injured worker for which an employer is liable being the fees prescribed under section 67L of the Health Services Act 1997 applicable from 1 July 2017. _______________ 1. Name of Order This Order is the Workers Compensation (Ambulance Services Fees) Order 2017. 2. Commencement This Order commences on 1 July 2017. 3. Application of Order This Order applies to ambulance services provided on or after the date of commencement, whether it relates to an injury received before, on or after that date. 4. Fees for ambulance services The fee amounts for which an employer is liable under the Act for provision of ambulance or paramedic services to an injured worker are listed in Schedule A, being the fees prescribed under section 67L of the Health Services Act 1997. 5. Scope of Order (Additional Information) 2934 NSW Government Gazette No 67 of 23 June 2017 Government Notices (a) The fees in Schedule A do not apply to treatment at the scene of the accident, or transport for hospital admission, for workers injured in motor vehicle accidents. Note: These are to be paid by the Motor Accidents Authority (MAA) Bulk Bill arrangement. (b) The fees in Schedule A are payable only to: • The Ambulance Service of New South Wales; • The St John Ambulance Australia (NSW); • The Royal Flying Doctor Service of Australia (NSW Section); • The mines rescue company within the meaning of the Coal Industry Act 2001 in the exercise of mines rescue functions; • A member of the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001;or, • Any person (or class of persons) prescribed by regulations made under the Health Services Act 1997. 6. Goods and Services Tax No GST is payable on the fees in Schedule A. 7. Definitions In this order: Ambulance Services means the conveyance of an injured worker to or from a medical practitioner or hospital. This does not include conveyance of an injured worker from one public hospital to another. Ambulance Service Provider is the Ambulance Service of NSW or the entities listed in clause 5 above. The State Insurance Regulatory Authority means the body corporate and NSW Government agency constituted under section 17 of the State Insurance and Care Governance Act 2015. Emergency service means the provision of ambulance services by road ambulance, fixed wing aircraft or helicopter or a combination of these, from the scene of an accident, illness or injury to a public hospital or other destination. GST means the goods and services tax payable under the GST Law. GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Non-emergency service means an ambulance road service that is booked no later than 6pm on the day prior to service delivery with the Service to commence and be completed between the hours of 8am and 6pm on the nominated service delivery date. An emergency service fee will be charged for any other service. 2935 NSW Government Gazette No 67 of 23 June 2017 Government Notices The Act means the Workers Compensation Act 1987. 8. Parts of the Order (1) Schedule A to this Order forms part of the Order. (2) The Explanatory Note does not form part of the Order. Schedule A Ambulance Service Fees Rates 1 July 2017 Road Fixed Wing Helicopter Emergency Non-Emergency Emergency Emergency Call-Out $372 $293 $372 $372 Variable Rate (per km) $3.35 $1.81 $3.35 $3.35 Maximum Charge $6095 $6095 $6095 $6095 Notes: - All fees are to be paid against payment classification code TRA001 - Fees in Schedule A for ambulance services are only payable to those providers listed in the gazette. 2936 NSW Government Gazette No 67 of 23 June 2017 Government Notices Workers Compensation (Private Hospital Rates) Order 2017 under the Workers Compensation Act 1987 I, Carmel Donnelly A/Chief Executive of the State Insurance Regulatory Authority of New South Wales, pursuant to section 62 (1A) of the Workers Compensation Act 1987, make the following Order. Dated this 6th day of June 2017 Carmel Donnelly A/Chief Executive State Insurance Regulatory Authority 1. Name of Order This Order is the Workers Compensation (Private Hospitals Rates) Order 2017. 2. Commencement This Order commences on 1 July 2017. 3. Application of Order This Order applies to the hospital treatment of a worker at a private hospital, being treatment of a type referred to in clause 5 and provided on or after the date of commencement of this Order, whether the treatment relates to an injury that is received before, on, or after that date. 4. Definitions (1) In this Order: the Act means the Workers Compensation Act 1987. Authority means the State Insurance Regulatory Authority as constituted under section 17 of the State Insurance and Care Governance Act 2015. Admitted patient means a patient who undergoes a hospital’s admission process to receive treatment and/or care. This treatment and/or care is provided over a period of time and can occur in hospital and/or in the person’s home (for hospital-in-the-home patients). GST means the goods and services tax payable under the GST Law. GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Intensive care (level 1 or level 2) has the same meaning as clause 28, Part 7, Schedule 2 of the Health Facilities Regulation 2010 in relation to an intensive care (level 1 or level 2) class private health facility. Staffing must consist of the following: a) a medical practitioner with appropriate qualifications appointed as director of the unit, the appropriate qualifications being (in the case of an intensive care (level 2) class private health facility) a recognised post-graduate qualification in intensive care, and b) in the case of an intensive care (level 1) class private health facility—a medical practitioner on duty at the private health facility at all times, with priority for attendance on patients in the intensive care unit, and c) in the case of an intensive care (level 2) class private health facility—a medical practitioner with an appropriate level of experience present in the unit at all times, and d) sufficient nursing staff on duty at all times, being: 2937 NSW Government Gazette No 67 of 23 June 2017 Government Notices i. a nursing staff to patient ratio of at least 1:1 for all critically ill patients, and ii. in the case of an intensive care (level 2) class private health facility—at least 50% of whom are registered nurses with intensive care certification”. Non-admitted patient means a patient who does not undergo a hospital’s formal admission process. There are three categories of non-admitted patient: emergency department patient; outpatient; and other non-admitted patient (treated by hospital employees off the hospital site – includes community/outreach services). Private hospital means a hospital or licensed private health facility (as defined in the Private Health Facilities Act 2007) but excludes a public hospital. Same day patient means an admitted patient who is admitted and discharged on the same date. (2) A reference to treatment or services in this Order is a reference to treatment or services provided at a private hospital or at any rehabilitation centre conducted by such a hospital. 5. Fees for hospital patient services generally (1) An employer is not liable under the Act to pay any amount for hospital treatment provided to a worker at a facility that is not a public hospital or a private hospital as defined. (2) Where the service is a taxable supply for the purposes of the GST Law, the amount in the last column of the attached Table should be increased by the amount of GST payable. (3) The theatre fees include the costs of consumable and disposable items. Only in exceptional circumstances will additional fees be paid for high cost consumable and disposable items on provision of evidence from the hospital that the item is reasonably necessary. (4) There are Medical Benefits Schedule item numbers on the National Procedure Banding list that change the band to be applied dependent on the provision of a complexity certificate. If the procedure involves one or more of the indicators of high cost or complexity listed on the certificate, the higher banding is payable.