Aged Care (Residential Care Subsidy - Amount of Enteral Feeding Supplement) Determination 2009 (No. 1)

Overview

The Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2009 (No. 1) was enacted to address the need for setting specific rates for enteral feeding supplements in residential aged care services under the Aged Care Act 1997. The Aged Care Act 1997 provides a framework for the funding and regulation of aged care services, including the provision of subsidies to approved providers for the care they offer to approved recipients. This determination was issued under the authority of the Minister for Ageing and provides a legislative instrument to determine the amount of the enteral feeding supplement, which is a daily supplement for care recipients who receive complete food formula via a nasogastric, gastronomy, or jejeunostomy tube. The policy objective of this determination is to ensure that the supplement rates are appropriately indexed and that providers are adequately compensated for the costs associated with administering enteral feeding. The determination sets the daily rates for enteral feeding at $15.06 for bolus feeding and $16.91 for non-bolus feeding, effective from 1 July 2009, and it revokes the previous determination ACA Ch. 3 No. 14/2008, Legislative instrument F2008L02231. Furthermore, it outlines a method for calculating the amount of enteral feeding supplement to be paid when the actual cost to the provider is equal to or exceeds 125% of the daily rate. As the indexation of the supplement is based on a well-established formula using the consumer price index published by the Australian Statistician, and is in line with existing policy, no specific consultation was undertaken regarding this instrument. Information about the increase in supplement rates will be communicated to approved providers through print and electronic media.

Scope and Application

The Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2009 (No. 1) applies to persons or entities approved under the Aged Care Act 1997 to provide residential aged care services, specifically those administering enteral feeding to care recipients. The determination establishes the financial subsidy rates for enteral feeding, which is provided through a nasogastric, gastronomy, or jejeunostomy tube, distinguishing between bolus and non-bolus feeding methods with set daily rates of $15.06 and $16.91 respectively, effective from 1 July 2009. This instrument revokes the previous Determination ACA Ch. 3 No. 14/2008, ensuring that the latest rates and methods are applied. The Act’s provisions extend across the Commonwealth, affecting all approved residential care providers and their recipients within Australia, thereby ensuring a consistent approach to subsidy payments for enteral feeding across the nation. The determination is subject to the Act’s broader framework, with any further specifications or adjustments potentially made through additional legislative instruments.

Key Provisions

The Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2009 (No. 1) (the Determination) establishes the daily rates for the enteral feeding supplement, which is a payment made to providers of residential aged care services for the care they provide to recipients who require enteral feeding. Section 44-14(6) of the Aged Care Act 1997 allows the Minister for Ageing to set these rates through legislative instruments. As per the Determination, the daily rates for bolus enteral feeding are set at $15.06, while those for non-bolus enteral feeding are $16.91, effective from 1 July 2009. These rates replace the previous rates set out in Determination ACA Ch. 3 No. 14/2008, Legislative instrument F2008L02231. The Determination imposes several obligations on the parties involved. Approved providers of residential aged care services are required to administer enteral feeding to care recipients in accordance with the rates set out in the Determination. These rates apply to both bolus and non-bolus feeding methods. Additionally, if the actual cost incurred by the approved provider for administering enteral feeding to a care recipient is equal to, or more than, 125% of the daily rate, the Determination provides a method for calculating the amount of enteral feeding supplement to be paid. This ensures that providers are fairly compensated for the services they provide. Breach of the provisions set out in the Determination may result in civil or criminal consequences, although the Determination itself does not specify any particular offences or penalties. The Aged Care Act 1997 and other related legislation may provide for such consequences, including fines and imprisonment in the case of criminal offences. The specific penalties for breach of the Determination would be determined by the relevant courts or tribunals in accordance with the relevant legislation. However, it is important to note that the focus of the Determination is on setting appropriate rates for enteral feeding supplement rather than on prescribing specific penalties for breach. In summary, the Aged Care (Residental Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2009 (No. 1) sets the daily rates for enteral feeding supplement payments for approved providers of residential aged care services. These rates are $15.06 for bolus feeding and $16.91 for non-bolus feeding, effective from 1 July 2009. The Determination imposes obligations on approved providers to administer enteral feeding in accordance with these rates, and to calculate the supplement amount if the actual cost to the provider is equal to, or more than, 125% of the daily rate. While the Determination does not specify particular offences or penalties for breach, the Aged Care Act 1997 and other related legislation may provide for such consequences.