EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Approval of Care Recipients Principles 1997.
The Aged Care Act 1997 (“the Act”) provides for the funding of aged care services. Persons who are approved under the Act to provide flexible aged care services can be eligible to receive flexible care subsidy payments in respect of the care they provide to approved care recipients.
Subsection 96-1(1) of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Subsection 96-1(2) of the Act provides that any Principles made under subsection 96-1(1) of the Act are disallowable instruments.
The Approval of Care Recipients Principles (“the Principles”) are one of the sets of Principles made under the Act.
Section 21-4 of the Act provides that a person is eligible to receive flexible care if:
(a) the person has physical, social or psychological needs that require the provision of care;
(b) those needs can be met appropriately through flexible care services; and
(c) the person meets the criteria specified in the Approval of Care Recipients Principles.
Context of the Approval of Care Recipient Amendment Principles 2005 (No. 2)
The effect of the Approval of Care Recipient Amendment Principles 2005 (No. 2) (the Amending Principles) is to establish eligibility criteria to be used in the assessment of people requiring Extended Aged Care at Home – Dementia.
A person is only eligible to receive flexible care in the form of extended aged care at home – dementia, if the person:
(a) is assessed as having behavioural dysfunction associated with dementia;
(b) has complex care needs because of behavioural dysfunction associated with
Dementia;
(c) is assessed under section 22-4 of the Act as requiring a high level of residential care;
(d) prefers to receive extended aged care at home – dementia; and
(e) is able to live at home with the support of extended aged care at home – dementia.
The Australian Government introduced the Extended Aged Care at Home (EACH) program, to provide high level care at home and to prevent people from unnecessarily entering residential care. The EACH Dementia places announced in the 2005 Budget provide 2000 new EACH places dedicated to helping people with dementia. Currently around 185,000 Australian are affected by dementia. These new places will enable many more Australians with dementia to remain in familiar surroundings at home and in their community.
The amendments will allow the 2000 EACH Dementia places to be implemented and delivered. EACH provides high level care comparable to nursing home care, but delivered to people in their own home. Care is coordinated and tailored to meet the individual needs of each person. About one third of existing EACH clients have dementia. These Principles will allow approved aged care providers to deliver dementia specific care to people in their own homes and providers will receive a subsidy in payment for the EACH Dementia services provided. This expansion of EACH will allow many more people with dementia to stay at home in familiar surroundings rather than entering an aged care home.
In determining eligibility for services Aged Care Assessment Teams (ACATs) consider an individual’s medical history, through observation, carers input, possible consultation with the client’s GP and the application of appropriate tools. Within their current operational framework ACAT assessors have the necessary skills and training to identify a person presenting with the signs and symptoms, including behavioural dysfunction associated with dementia. ACATs will act as the gatekeeper in identifying care recipients who are eligible to receive EACH Dementia packages. A person will have to be assessed by an ACAT as requiring both flexible care and a high level of residential care under section 22-4 of the Act. The amendments allow for a person to receive flexible care in the form of EACH Dementia providing they have been assessed under section 22-4 of the Act and have met the other criteria detailed in the amendments.
Consultation
The Department has consulted with the Minister’s Dementia Implementation Task Force. In addition, feedback from the National Dementia Research Workshop held in Melbourne on 29 August 2005, attended by 140 academics and researchers was considered in developing the amendments. The advice and feedback received from these experts considered that EACH Dementia packages are best targeted to people with behaviour dysfunction associated with dementia, as this is often a level of need that requires additional care and service strategies for appropriate management.
The Office of Regulation Review has advised that no Regulation Impact Statement is required for the Amending Principles.
The Amending Principles are a “legislative instrument” for the purpose of the Legislative Instrument Act 2003.
Details of the Amending Principles are set out in the Attachment.
Attachment
NOTES ON CLAUSES
Clause 1 provides that the Amending Principles are to be cited as the Approval of Care Recipient Amendment Principles 2005 (No. 2).
Clause 2 provides that the Amending Principles are to commence on the day after they are registered.
Clause 3 amends the Approval of Care Recipients Principles as set out in the Schedule
Schedule 2 Amendments
Item 1 inserts in section 5.7AA (1) the words in section “(other than care to which section 5.7AA applies)” to emphasise that extended aged care at home - dementia is another type of flexible care that eligible care recipients are able to access.
Item 2 inserts a new section 5.7AA (1) and (2) and describes the eligibility criteria for a person to received extended aged care at home – dementia care.
Section 5.7AA (1) identifies the eligibility criteria for a person to receive “extended aged care at home – dementia.” The criteria requires that a person be assessed as having behavioural dysfunction associated with dementia and is assessed under 22-4 of the Act as requiring a high level of residential care. The person must also have complex care needs because of behavioural dysfunction associated with dementia, and prefers to receive care in the home.
The new section 5.7AA(2) provides a reference to section 5.6(2) of these Principles which defines the meaning of complex care needs and to section 15.8 of the Flexible Care Subsidy Principles 1997 which provides the definition of EACH Dementia.