PHI 19/24 Private Health Insurance Legislation Amendment Rules (No. 2) 2024

This PHI circular advises stakeholders of legislation that has just been registered, which commences on 20 March 2024.

Date published:
PHI circular type:
PHI announcement
Audience:
Health sector

The Private Health Insurance Legislation Amendment Rules (No. 2) 2024 (the Amendment Rules) amend the: 

The Amendment Rules were registered on the Federal Register of Legislation on 18 March 2024 and commence 20 March 2024. Advance email notification was provided to the sector on 8 March 2024.

The Amendment Rules amend the Benefit Requirements Rules to update the minimum benefits payable by private health insurers per night for nursing-home type patients (NHTP) at private hospitals nationally and at public hospitals in New South Wales (NSW), Tasmania (Tas) and the Australian Capital Territory (ACT).

The Amendment Rules amend the Complying Product Rules to increase the daily patient contribution payable by NHTPs for accommodation in private hospitals nationally and public hospitals in all state and territory jurisdictions except for the ACT.

Nursing‑Home Type Patient (NHTP) accommodation indexation, 20 March 2024.

NHTP contributions and minimum insurer benefits are indexed by the Commonwealth twice annually, on 20 March and 20 September. Jurisdictions are consulted on changes to rates in public hospitals. Some jurisdictions apply changes from 1 July, annually.

Patient contribution

The Private Health Insurance (Complying Product) Rules 2015 (Part 2 – 8A(3) Benefit requirement – nursing-home type patients) establish the statutory minimum daily patient contribution rate payable by a NHTP in hospitals. Daily patient contribution rates from 20 March 2024 are set out in Table 1, below:

Table 1. Daily patient contribution rate payable by NHTP at hospitals from: 20 March 2024
Public hospital: State/TerritoryDaily patient contribution rate payable by a NHTP
Australian Capital Territory$70.55 (no change)
New South Wales$75.55
Northern Territory$75.55
Queensland$75.55
South Australia$75.55
Tasmania$75.55
Victoria$75.55
Western Australia$75.55
Private Hospitals all States and Territories$75.55

Minimum benefit payable by private health insurers for NHTP

The Private Health Insurance (Benefit Requirements) Rules 2011 (Schedule 4 – Nursing-home type patient accommodation: hospitals in all States/Territories, Part 6) establish the minimum benefit payable per night by private health insurers for NHTP in hospitals. Benefits from 20 March 2024 are set out in Table 2, below:

Table 2. Minimum benefit payable per night by private health insurers for NHTP from: 20 March 2024
Public hospital: State/TerritoryMinimum NHTP benefit payable by insurer per night  
Australian Capital Territory$142.45 (no change)
New South Wales$172.60
Northern Territory$147.19 (no change)
Queensland$145.80 (no change)
South Australia$141.00 (no change)
Tasmania$181.30
Victoria$140.00 (no change)
Western Australia$149.75
Private Hospitals all States and Territories$35.55

Further details on the amendments are included in the Explanatory Statement accompanying the Amendment Rules available on the Federal Register of Legislation at www.legislation.gov.au by searching ‘Private Health Insurance Legislation Amendment Rules (No. 2) 2024’ or unique Register ID F2024L00326.

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