74Limits on treatment providers in decisions on acute treatment

1. A treatment provider to whom a claimant presents for treatment may exercise the clinical judgment described in section 7(b) as to the urgency of the need for the treatment only if he or she is a treatment provider of a type appropriately qualified to make a clinical judgment of that kind.

2. A treatment provider qualified as required by subsection (1) who makes a clinical judgment that treatment requires an acute admission must ensure that the treatment is provided by—

3. a publicly funded provider; or
4. if the Corporation gives its prior agreement, a provider that is not a publicly funded provider; or
5. if, for reasons of clinical safety, treatment by a publicly funded provider is not practicable, a provider that is not a publicly funded provider.

6. A treatment provider who is not qualified as required by subsection (1) must refer the claimant to a treatment provider who is so qualified, and the visit to that treatment provider, on referral, is also regarded as acute treatment.

7. For the purposes of subsection (2),—

   acute admission means an admission within 7 days of the making of the decision to admit unless otherwise specified in regulations

   publicly funded provider means a provider that, for the time being, is funded by Health New Zealand or the Minister of Health to provide public health acute services.

Notes

• Section 74(4) publicly funded provider: amended, on 30 June 2024, by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
• Section 74(4) publicly funded provider: amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).