Do I need to be licensed?
The need for a licence is based on the type of procedures performed at your facility.
The Health Services Establishments Act 2006 (the HSE Act) refers to Type A, B and C Procedures. Under section 5 of the HSE Act:
A. Premises undertaking type A procedures are required to be licensed as a Private Hospital;
B. Premises undertaking type B procedures are required to be licensed as a Day Procedure Centre (whether or not type C procedures are also undertaken at those premises); and
C. Premises undertaking type C procedures are not required to be licensed, unless the Secretary decides that those premises should be licensed, having regard to considerations of public safety and service quality.
Similarly, premises not undertaking any of these types of procedures (A, B or C) are not required to be licensed, unless the Secretary decides that those premises should be licensed, in consideration of public safety.
Type A, B and C procedures are defined by the HSE Act as:
type A procedure - a procedure involving professional attention normally requiring admitted overnight hospital stay;
type B procedure - a procedure involving professional attention normally requiringadmitted hospital treatment that does not include part of an overnight stay;
type C procedure - a procedure involving professional attention that does not normally require admitted hospital treatment.
The Department primarily takes guidance about procedure types by reference to the specific MBS item number listings, found in the definitions and schedules sections of the Private Health Insurance (Benefit Requirements) Rules 2011. These rules are available at: www.comlaw.gov.au/Series/F2011L02160
Co-location of Private Hospitals and Day Procedure Centres
A day-procedure centre is not required to be licensed if it is conducted in the same premises as a licensed private hospital, and by the same person who conducts that private hospital.
Residential Care Facilities
A residential care service is required to be licensed unless the services are provided only to funded(i.e. public) residents, or (in cases where the services are provided to both funded and un-funded residents) the Secretary provides a written exemption, having been satisfied that the same standards of care will be provided to all residents of the service.
No residential care facilities in Tasmania currently require licensing under the HSE Act, as they receive Commonwealth funding. For further information in relation to residential care facilities please contact firstname.lastname@example.org