EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1)
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide residential aged care services (approved providers) can be eligible to receive residential care subsidy payments in respect of the care they provide to approved care recipients.
Paragraph 44-14(6)(a) of the Act provides that the Minister may determine by legislative instrument the amount of the enteral feeding supplement. Paragraph 44-14(6)(b) of the Act provides that the Minister may determine by legislative instrument a method for working out the amount of enteral feeding supplement for a particular day.
The enteral feeding supplement is a daily supplement for care recipients receiving a complete food formula by means of a nasogastric, gastronomy or jejunostomy tube.
The purpose of the Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1) (the Determination) is to set the daily rates for bolus and non bolus feeding with effect from 1 July 2012. The Determination also outlines a method for calculating the amount of enteral feeding supplement to be paid where the actual cost to the approved provider of providing enteral feeding to the care recipient is equal to, or more than, 125 per cent of the daily rate.
This Determination also revokes Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2011 (No. 1). The difference between the Determinations is that the daily amount of Enteral Feeding Supplement has been increased in accordance with movements in the Consumer Price Index.
Consultation
Indexation of the supplement is in accordance with the general policy for indexation of aged care payments upon which extensive consultation was undertaken. No specific consultation was undertaken with respect to this instrument.
Information about the increase in the amount of the supplement will be disseminated via electronic media to approved providers.
This Determination commences on 1 July 2012.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of Legislative Instrument
The purpose of the Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1) (the Determination) is to set the daily rates for bolus and non bolus feeding with effect from 1 July 2012. The Determination also outlines a method for calculating the amount of enteral feeding supplement to be paid where the actual cost to the approved provider of providing enteral feeding to the care recipient is equal to, or more than, 125 per cent of the daily rate.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing
Overview
The Aged Care Act 1997 was enacted to provide for the regulation and funding of aged care services, ensuring that approved providers can receive residential care subsidy payments for the care they offer to approved care recipients. In line with this, the Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1) was introduced to address the need for setting daily rates for enteral feeding supplements for care recipients receiving complete food formulas via nasogastric, gastronomy, or jejunostomy tubes. This legislative instrument was issued by the Minister for Mental Health and Ageing, in accordance with the policy for indexation of aged care payments. The primary objective of the Determination was to establish new daily rates effective from 1 July 2012 and to outline a method for calculating the supplement amount when the actual cost to providers exceeds 125 per cent of the daily rate. The Determination also replaced the previous Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2011 (No. 1), with the primary change being an increase in the daily supplement amount in line with the Consumer Price Index.
Scope and Application
The Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1) applies to approved providers of residential aged care services in Australia, who are eligible for residential care subsidy payments for the care they provide to approved care recipients. This includes those recipients who require complete food formula by means of enteral feeding methods such as nasogastric, gastronomy, or jejunostomy tubes. The Determination sets the daily rates for both bolus and non-bolus feeding, effective from 1 July 2012, and establishes a method for calculating the enteral feeding supplement when the actual cost to the provider exceeds 125 per cent of the daily rate. The instrument revokes the previous Determination from 2011, primarily reflecting an increase in the supplement amount in line with movements in the Consumer Price Index. This Determination is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights, having undergone scrutiny under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2012 (No. 1) sets the daily rates for bolus and non-bolus enteral feeding, effective from 1 July 2012. This Determination, as referenced in section 44-14(6)(a) of the Aged Care Act 1997, establishes the amount of the enteral feeding supplement and the method for calculating this amount when the actual cost to the provider exceeds 125% of the daily rate. The determination aims to ensure that approved providers who offer residential aged care services can receive appropriate subsidies for the enteral feeding they provide to care recipients. It also revokes the previous Aged Care (Residential Care Subsidy – Amount of Enteral Feeding Supplement) Determination 2011 (No. 1), reflecting changes in the Consumer Price Index.
Under this Determination, approved providers of residential aged care services are required to adhere to the specified daily rates for enteral feeding supplements. They must ensure that the costs of providing such services to care recipients are documented and accurately reflect the rates set out in the Determination. Approved providers are also obligated to calculate the enteral feeding supplement according to the outlined method when their actual costs exceed 125% of the daily rate. This involves detailed record-keeping and accurate reporting to ensure compliance with the subsidy provisions.
Breaches of the provisions outlined in this Determination could result in penalties or other consequences. While the specific penalties are not detailed within the Determination, breaches of the Aged Care Act 1997 and related regulations can generally lead to administrative or legal actions. These may include fines, corrective orders, or other measures to enforce compliance. The determination itself highlights that it is a legislative instrument under the Legislative Instruments Act 2003, which provides a framework for the creation and management of such instruments, including potential consequences for non-compliance.