National Health Amendment Regulations 1999 (No. 1) 1999 No. 18
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 18
Issued by authority of the Minister for Health and Aged Care
National Health Act 1953
National Health Amendment Regulations 1999 (No. 1)
Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.
Subsection 140(2) of the Act makes provision to preclude or modify, by National Health Regulations, a specified provision of the Act relating to an applicable benefits arrangement, for a specified registered health benefits organisation. This provision has been used to permit pilot or demonstration schemes which could lead to an enhancement of the health insurance industry.
The Act was originally amended by the National Health Regulations (Amendment) with effect from 1 March 1997, to allow the St Francis Xavier Cabrini Private Hospital, Melbourne to operate a Domiciliary Palliative Care program (the Program) for a 12 month period, and to prescribe the registered health benefits organisations involved in the Program. The Program was designed to provide a palliative care service responsive to patient expectations for an improved quality of life during a most difficult and traumatic period.
The Program was extended for a further 12 months with effect from 1 March 1998, The 12 month period ceases on 28 February 1999,
The Regulations further extend the Program until the end of 31 August 1999. The extension of the Program is required to allow further work- on evaluation instruments. This work is important, not just in the context of this specific program, but for future evaluation of similar early discharge and 'hospital in the home' programs currently underway.
The Regulations commenced on gazettal.
Overview
The National Health Amendment Regulations 1999 (No. 1) were enacted to address the need for extending the Domiciliary Palliative Care program initially piloted at St Francis Xavier Cabrini Private Hospital in Melbourne. The Act was introduced to allow this program to continue beyond its original and subsequent extensions, aiming to facilitate further evaluation and assessment of the program's effectiveness in providing palliative care services that meet patient needs for improved quality of life. The policy objective behind these Regulations, as stated in the explanatory statement, is to support the development and evaluation of similar early discharge and "hospital in the home" programs, which are crucial for the future of the health insurance industry. These Regulations were issued under the authority of the Minister for Health and Aged Care and commenced on gazettal.
Scope and Application
The National Health Amendment Regulations 1999 (No. 1) extend the application of the National Health Act 1953 to facilitate the continuation of the Domiciliary Palliative Care Program operated by St Francis Xavier Cabrini Private Hospital in Melbourne. These regulations are specifically tailored to permit the program to operate beyond its initial and subsequent 12-month extensions, thereby allowing for further evaluation of its effectiveness. The regulations apply to the hospital and the registered health benefits organisations involved in the program, ensuring that the arrangements and benefits provided under the program continue to be governed by the Act's provisions. The scope of these regulations is limited to the palliative care services provided by the hospital and does not extend to other entities or programs outside the specified arrangement. The regulations provide the necessary framework to support the evaluation of the program's outcomes, which are crucial for informing future initiatives in early discharge and 'hospital in the home' services. The application of these regulations is governed by the Commonwealth, ensuring a consistent approach across Australia.
Key Provisions
The main operative sections of the National Health Amendment Regulations 1999 (No. 1) provide for the extension of the Domiciliary Palliative Care program operated by St Francis Xavier Cabrini Private Hospital, Melbourne, which was initially authorised under the National Health Regulations (Amendment) 1997 and subsequently extended in 1998. Section 3 of the Regulations extends the operation of the Program until 31 August 1999 (s 3). This extension is intended to allow further work on evaluation instruments, which is crucial not only for assessing the effectiveness of this specific program but also for future evaluations of similar early discharge and 'hospital in the home' initiatives currently being implemented.
The Act imposes specific obligations and requirements on the parties involved in the Domiciliary Palliative Care Program. St Francis Xavier Cabrini Private Hospital, Melbourne must adhere to the terms and conditions set forth in the Regulations to continue operating the Program. The registered health benefits organisations participating in the Program are also required to comply with the provisions of the Act and the Regulations, ensuring that the palliative care services provided meet the necessary standards and expectations of patients.
Failure to comply with the requirements of the National Health Amendment Regulations 1999 (No. 1) may result in civil or criminal consequences. Although the Regulations themselves do not explicitly state the penalties for non-compliance, breaches of the National Health Act 1953 can lead to substantial fines and other penalties as prescribed in the Act. The maximum penalties for breaches of the Act can include fines of up to $11,000 for individuals and $55,000 for bodies corporate, reflecting the seriousness of non-compliance with health regulations. Additionally, persistent or egregious breaches may result in more severe criminal penalties, including imprisonment, depending on the nature and severity of the offence.