EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Determination under Subsection 44-13(6)
Aged Care (Residential Care Subsidy – Amount of Oxygen Supplement) Determination 2009 (No. 1)
The Aged Care Act 1997 (the Act) provides for the funding of aged care services. Persons who are approved under the Act to provide residential aged care services can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Paragraph 44-13(6)(a) of the Act provides that the Minister may determine by legislative instrument the amount of the oxygen supplement for a particular day. Paragraph 44-13(6)(b) of the Act provides that the Minister may determine by legislative instrument a method for working out the amount of oxygen supplement for a particular day.
An oxygen supplement will be provided where a care recipient needs to use oxygen on a regular and continuing basis. It does not include the provision of oxygen on a short-term, episodic or emergency basis. It is a daily supplement for eligible recipients.
This determination sets the oxygen supplement rate at $9.51 with effect from 1 July 2009 and revokes Determination ACA Ch. 3 No. 13/2008, legislative instrument F2008L02229.
The determination also outlines a method for calculating the amount of oxygen supplement to be paid where the actual cost to the approved provider of administering oxygen to the care recipient is equal to, or more than, 125% of the daily rate.
Consultation
As the indexation of the supplement uses a well established formula based on the consumer price index published by the Australian Statistician, and is in accordance with policy 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 print and electronic media to approved providers.
Overview
The Aged Care (Residential Care Subsidy – Amount of Oxygen Supplement) Determination 2009 (No. 1) was enacted to address the need for a specific supplement for aged care recipients who require ongoing oxygen support as part of their residential care. This legislation falls under the Aged Care Act 1997, which governs the funding of aged care services in Australia. The objective of this determination, issued by the Minister for Ageing, is to set the daily rate for the oxygen supplement at $9.51 effective from 1 July 2009, and to outline a method for calculating the supplement amount if the actual cost to the provider exceeds 125% of this daily rate. This instrument revokes the previous Determination ACA Ch. 3 No. 13/2008, ensuring that the updated rates and methods are uniformly applied across the sector.
Scope and Application
The Aged Care (Residential Care Subsidy – Amount of Oxygen Supplement) Determination 2009 (No. 1) applies to approved residential aged care providers who are eligible to receive subsidy payments under the Aged Care Act 1997. These providers must meet the requirements set out in the Act to be eligible for the oxygen supplement, which is a daily subsidy for recipients who need to use oxygen on a regular and continuing basis, excluding short-term, episodic or emergency use. The supplement is applicable to care recipients within the scope of the Act and applies across the Commonwealth of Australia. The supplement rate is indexed using a formula based on the consumer price index, ensuring it remains current with inflation. The determination sets the oxygen supplement rate at $9.51 per day, effective from 1 July 2009, and includes a method for calculating the supplement where the provider’s actual cost of administering oxygen exceeds 125% of the daily rate. This determination revokes the previous legislative instrument F2008L02229, ensuring that the latest rates and methods are in effect.
Key Provisions
The Aged Care (Residential Care Subsidy – Amount of Oxygen Supplement) Determination 2009 (No. 1) sets forth the rate of the oxygen supplement for residential aged care recipients who require regular and continuing oxygen therapy, as specified under the Aged Care Act 1997 (section 44-13(6)). The oxygen supplement rate is established at $9.51 per day, effective from 1 July 2009, and this determination revokes the previous instrument, F2008L02229. This rate applies to those care recipients who need oxygen on a consistent basis, excluding those who only need oxygen on a short-term, episodic, or emergency basis.
This Act imposes specific obligations on approved providers of residential aged care services, mandating them to provide necessary care to recipients in accordance with the set rates and methods outlined in the legislation. Providers are required to accurately calculate and claim the oxygen supplement based on the daily rate set by the determination. The method of calculation is detailed in the determination, particularly in cases where the actual cost of administering oxygen is 125% or more of the daily rate. This ensures that providers receive appropriate compensation for the services they render.
Failure to comply with the provisions of this determination can result in various consequences. While the determination does not explicitly state specific penalties or offences, non-compliance with the Aged Care Act 1997 can lead to legal actions, fines, and other administrative consequences. The Act's overarching framework includes provisions for enforcement, and breaches of its requirements may attract penalties as outlined in other parts of the Act. Furthermore, any misrepresentation or fraudulent claims regarding the oxygen supplement could be subject to additional scrutiny and penalties under the general legal provisions applicable to such acts.