National Health Amendment Regulations 2000 (No. 3) 2000 No. 242
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 242
Issued by authority of the Minister for Health and Aged Care
National Health Act 1953
National Health Amendment Regulations 2000 (No. 3)
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 regulation, 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.
Regulation 4B of the National Health Regulations modifies the operation of the Act in relation to applicable benefits arrangements provided for specified registered health benefits organisations participating in the programmes. In other words, it allows for patients to be paid health insurance benefits for hospital type treatment rendered to them in community settings.
The purpose of the Amending Regulations is to extend the trial of this type of treatment for a further period of time.
The Amending Regulations amend regulation 4B to:
* extend the St Frances Xavier Cabrini Domiciliary Palliative Care Program; the South Australian Psychiatric Patient Trial; the Victorian Rehabilitation Patient Trial; and the Hornsby Ku-ring-gai Coordinated Care Trial for a further ten months to 30 June 2001;
* extend the Victorian Private Psychiatric Early Discharge Trial for a further nine months to 30 June 2001; and
* extend the Hospital-to-Home Trial (Adelaide Community Healthcare Alliance) for a further ten months to 30 June 2001 and remove two health insurance funds (ie S.G.I.C. Health Pty Ltd, HealthPartners) who no longer wish to participate.
Details of the Amending Regulations are set out in the Attachment.
The Amending Regulations commenced on 31 August 2000.
ATTACHMENT
NOTES ON CLAUSES
Regulation 1 provides that the Regulations may be cited as the National Health Amendment Regulations 2000 (No. 3).
Regulation 2 provides that the Regulations commence on 31 August 2000.
Regulation 3 provides that the National Health Regulations 1954 are amended by Schedule 1.
Item 1 of Schedule 1 omits the date currently included in subregulations 4B (1), (2), (3) and (4) and inserts the new date of 30 June 2001. This will have the effect of extending the St Frances Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial and the Hornsby Ku-ring-gai Coordinated Care Trial that are currently being trialed under the Domiciliary care modification of the Act for a further ten months.
Item 2 of Schedule 1 omits subregulation 4B (5) and substitutes a new subregulation (5).
New subregulation 4B (5) specifies the funds participating in the Hospital-to-Home Trial (Adelaide Community Healthcare Alliance) and provides that they are affected by the modifications to subsections 5A (1) and (3) of the Act that are set out in Part 5 of Schedule 3 until 3 0 June 200 1.
Item 3 of Schedule 1 omits the date currently included in subregulation 4B (5A) and inserts the new date of 30 June 2001. This will have the effect of extending the Victorian Private Psychiatric Early Discharge Trial, which is currently being trialed under the Domiciliary care - modification to the Act for a further nine months.
Item 4 of Schedule 1 omits the date currently included in subregulation 4B (6), (7), and (8) and inserts the new date of 30 June 2001. This provides that the St Frances Xavier Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial, Hornsby Ku-ring-gai Co-ordinated Care Trial and the Hospital-to-Home (Adelaide Community Healthcare Alliance) will have effect until 30 June 2001.
Item 5 of Schedule 1 omits the date currently included in subregulation 4B (9) and inserts the new date of 30 June 2001. This provides that the Victorian Private Psychiatric Early Discharge Trial will have effect until 30 June 2001.
Overview
The National Health Amendment Regulations 2000 (No. 3) were enacted to address the need for extending the trial periods of specific health programs under the National Health Act 1953. These programs, including the St Frances Xavier Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial, the Hornsby Ku-ring-gai Coordinated Care Trial, the Victorian Private Psychiatric Early Discharge Trial, and the Hospital-to-Home Trial (Adelaide Community Healthcare Alliance), were initially designed to explore the feasibility and benefits of providing health insurance benefits for hospital-type treatment in community settings. The regulations were made under the authority of the Minister for Health and Aged Care, with the overarching policy objective of enhancing the health insurance industry by permitting pilot or demonstration schemes. The amendments, which commenced on 31 August 2000, extend the duration of these trials to 30 June 2001, allowing for continued assessment of their effectiveness and impact.
Scope and Application
The National Health Amendment Regulations 2000 (No. 3) amends the National Health Regulations 1954 to extend the duration of several pilot programs under the National Health Act 1953. These programs, which include the St Frances Xavier Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial, the Hornsby Ku-ring-gai Coordinated Care Trial, and the Victorian Private Psychiatric Early Discharge Trial, as well as the Hospital-to-Home Trial by the Adelaide Community Healthcare Alliance, are aimed at exploring the feasibility and benefits of providing hospital-type treatment in community settings. The regulations are applicable to registered health benefits organisations participating in these trials, allowing them to continue operating under the modified arrangements until 30 June 2001. Notably, the amendments also exclude two health insurance funds, S.G.I.C. Health Pty Ltd and HealthPartners, from the Hospital-to-Home Trial due to their withdrawal from participation. These regulations apply nationally and are instrumental in potentially enhancing the health insurance industry by testing new models of care delivery.
Key Provisions
The National Health Amendment Regulations 2000 (No. 3) amend the National Health Regulations 1954 to extend various trials related to domiciliary care. Section 1 of the Amending Regulations provides that the Regulations may be cited as such, while section 2 specifies that they commence on 31 August 2000. Regulation 3 amends the existing regulations by Schedule 1, which details the specific changes. Under Schedule 1, Item 1 removes the current dates in subregulations 4B(1), (2), (3), and (4), replacing them with a new date of 30 June 2001. This extension applies to the St Frances Xavier Cabrini Domiciliary Palliative Care Program, the South Australian Psychiatric Patient Trial, the Victorian Rehabilitation Patient Trial, and the Hornsby Ku-ring-gai Coordinated Care Trial.
The obligations and requirements imposed by the Amending Regulations are primarily concerned with extending the trial periods for specified health care programs. Registered health benefits organisations participating in these programs must adhere to the new timelines set out in the regulations. They must ensure that their practices align with the extended dates for the trials, which are now set to conclude on 30 June 2001. Furthermore, any modifications to the applicable benefits arrangements under the Act must be made in accordance with the changes specified in Schedule 1 of the Amending Regulations. For instance, the new subregulation 4B(5) specifies the funds participating in the Hospital-to-Home Trial and the modifications to subsections 5A(1) and (3) of the Act, which now take effect until 30 June 2001.
There are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breach within the Amending Regulations themselves. However, any non-compliance with the extended trial periods or failure to adhere to the specific requirements set out in Schedule 1 could potentially lead to legal consequences under the overarching National Health Act 1953. For example, breaches of the Act or its regulations could result in fines or other penalties as prescribed by the Act. Although the Amending Regulations do not specify maximum penalties, they underscore the importance of compliance with the stipulated timelines and conditions to avoid any potential legal repercussions.