Minter Ellison Health News 12 June 2013

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6 MINTER ELLISON LAWYERS HEALTH NEWS 12 June 2013 Ms G went into labour on 11 September 2009 at about 9:00pm, at about which time she was taken to the hospital by her midwife. During the night, Ms G developed a fever and then later, during an examination, her membranes ruptured with evidence of fresh meconium. This was later determined to be caused by chorioamnionitis, a bacterial infection in the membranes of the womb. At 7:40am, an obstetrician determined that an attempt should be made to deliver Amelia vaginally. Ms G attempted to give birth vaginally a number of times, but Amelia refused to rotate to the correct position for delivery. At 8:30am, the obstetrician determined that Amelia could not be delivered vaginally and that hospital staff would need to perform a caesarean section. Further issues arose during the caesarean section. The anaesthetic initially failed to work and so hospital staff decided to use general anaesthetic. The hospital staff then had difficulties inserting a tube into Ms G’s throat to maintain an open airway. Ms G had had the same problem in a previous surgery, but this was not brought to the attention of hospital staff. After birth, Amelia had seizures and was diagnosed with HIE. The Court had to consider whether Amelia’s HIE could be attributed to the underlying disease of chorioamnionitis or the hospital staff’s treatment of Ms G. Experts largely agreed that it was unlikely that the delay caused by issues with the anaesthetic would have aggravated the HIE substantially. However, they determined that it was more likely that the 20-minute delay caused by the obstetrician’s decision to attempt a vaginal birth exacerbated the HIE (although this was disputed by one expert). The judge weighed the expert evidence and considered it more likely than not that the treatment had been the cause of the injury. The delay would have caused a much higher risk of HIE. The judge reasoned that this high risk meant it was likely that the delay was responsible for the injury. The judge concluded that Amelia’s condition was a treatment injury under the Act, with Amelia being provided cover accordingly. Click here for the full decision Legislation Commonwealth Therapeutic Goods Legislation Amendment (Fees and Charges) Regulation 2013 No. 94 (Cth) The Therapeutic Goods Legislation Amendment (Fees and Charges) Regulation 2013 No. 94 (Cth) amends the Therapeutic Goods (Charges) Regulations 1990 No. 395 (Cth). According to the Explanatory Statement, purpose of the amending Regulation is to increase the following fees by 2.9 %, subject to the Therapeutic Goods Administration's rounding policy, for the 2013-14 financial year: (a) annual charges relating to the registration, listing or inclusion of therapeutic goods in the Australian Register of Therapeutic Goods, including registered goods, listed goods, biological and medical devices; and (b) annual charges relating to manufacturing licenses. The amending Regulation also replaces the reference to 'A$85,900' in the note to r. 3(3) of the principal Regulations with a reference to 'A$88,400'.
7 MINTER ELLISON LAWYERS HEALTH NEWS 12 June 2013 The amending Regulations will commence on 1 July 2013. Click here for the Bill Private Health Insurance Legislation Amendment (Base Premium) Bill 2013 (Cth) The Private Health Insurance Legislation Amendment (Base Premium) Bill 2013 was passed by the House of Representatives on 4 June without amendment and now moves to the Senate. The Bill proposes to implement the Government's 2012-13 MYEFO announcement that from 1 April 2014, the premium to which the Private Health Insurance Rebate is applied will move in line with CPI or the commercial premium increase, whichever is lower. Click here for the Bill Private Health Insurance Amendment (Lifetime Health Cover Loading and Other Measures) Bill 2012 (Cth) The Private Health Insurance Amendment (Lifetime Health Cover Loading and Other Measures) Bill 2012 was passed by the House of Representatives on 4 June without amendment and now moves to the Senate. It proposes to amend the Private Health Insurance Act 2007 and make minor consequential amendments to the ITAA 1936, ITAA 1997 and the Taxation Administration Act 1953. The Bill provides for 2 categories of amendments to the Private Health Insurance Act: (i) it proposes to remove the rebate on private health insurance from the Lifetime Health Cover loading part of affected premiums; and (ii) from 1 July 2013, claiming the rebate through a Department of Human Services Service Centre under the Incentive Payments Scheme will cease. Click here for the Bill Queensland Health Obudsman Bill 2013 (Qld) The Health Ombudsman Bill 2013 (Qld) was introduced into the Legislative Assembly on 4 June 2013. According to the Explanatory Notes, the objectives of the Bill are to protect the health and safety of the public, promote professional, safe and competent practice by health practitioners, promote high standards of service delivery by health service organisations, and maintain public confidence in the management of complaints and other matters relating to the provision of health services. Specifically, the Bill proposes to: (a) establish a new system to allow the Health Ombudsman to manage health complaints in Queensland, thereby replacing the split complaints procedure in place between Health Quality and Complaints Commission and the national health practitioner registration boards; (b) prescribe the Health Ombudsman with various powers, including the power to take immediate action to suspend or place conditions on a health practitioner's registration where there is a serious risk to the public; (c) make provision for the establishment and appointment of panels or a committee of persons to facilitate the functions of the Health Ombudsman;
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Minter Ellison Health News 12 June 2013

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