EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS (AMENDMENT)
Minister for Aged, Family and Health Services
Section 49AA of the National Health Act 1953 (the Act) provides that the Governor-General may make Regulations providing for the formulation, implementation and regulation of a scheme providing for respite care in approved nursing homes. In addition, Subsection 49AA (5) of the Act provides that where the regulations are inconsistent with the Act, the regulations shall prevail.
Presently, the National Health (Nursing Home Respite Care) Regulations (the Regulations) provide for the operation of benefit respite care and leave respite care in nursing homes. A number of changes to the existing system were announced in the Budget. These are to take effect from 1 January 1990 and aim to increase the financial incentives available to proprietors and their operational flexibility in administering respite care.
The amending Regulations make the following amendments to the Regulations to reflect the changes to the respite care system announced in the Budget. In particular, the Regulations will be amended to introduce the concept of proprietors being approved a pool of respite care bed days to be used over a financial year. This replaces the previous system where proprietors were approved designated respite care beds on either a seasonal or permanent basis, the definitions contained in regulation 3 are amended to reflect this.
The Regulations have been amended to remove any reference to approved benefit respite care beds and to replace this reference with approved benefit respite care bed days. Regulation 3 accordingly includes a new definition of benefit respite care bed days. Regulations which were required under the old system of designating specific benefit respite care beds and related to the operation of benefit respite care in such beds have been omitted.
Regulation 7 has been amended so that the statement issued to respite care patients reflects the new arrangements and specifies the number of days they are expected to occupy a bed in the nursing home and, in the case of a benefit respite care patient, the number of days the patient is entitled to be a benefit respite care patient in that home in that financial year.
Regulations 14, 20 and 21 have been amended so that in determining a maximum number of benefit respite care bed days that may be approved the Minister must refer to the number of nursing homes in the State, Territory or region, the number of beds in those nursing homes and the need for benefit respite care bed days within that State, Territory or region.
Regulation 16, 17 and 19 are no longer required as Approvals-in-Principle for benefit respite care beds will no longer be necessary with the change to benefit respite care bed days.
Regulation 18 has been amended to require the Minister to give notice in writing to a nursing home proprietor of any decision to determine a number of benefit respite care bed days or to revoke or vary such a determination for that home.
Regulation 21 has been amended to remove the reference to a benefit respite care bed from the limit of 63 days that a person may be a benefit respite care patient in a particular nursing home in a financial year.
Regulation 31 has been amended so that the number of benefit respite care bed days approved for a nursing home is specified on the certificate of approval for that home.
Regulation 32 has been amended to enable nursing home proprietors to charge a booking fee for respite care and it specifies the rules governing the operation of that booking fee.
Regulation 33 and 34 have been omitted because they are no longer necessary with the change to benefit respite care bed days.
Regulation 35 has been amended to remove the definition of benefit respite care supplement and to remove references to a benefit respite care bed.
Regulation 36 has been amended to remove the reference to Subregulation 2 and replace it with a reference to Regulation 21 and to omit subregulation 2 to reflect the change from benefit respite care beds to benefit respite care bed days. The reference to a benefit respite care bed has been removed from subregulation 4 and subregulation 5
has been omitted because it is no longer necessary under a benefit respite care bed day system.
Reglation 37 has been amended to increase the amount of the benefit respite care supplement to 50% of the Standard Aggregate Module (SAM) which is the formula determining Commonwealth funding for costs other than nursing and personal care services.
Regulation 38 has been amended to provide for changes to the Act consequential upon the introduction of the revised benefit respite care arrangements. The Act prohibits any charges in relation to the admission of permanent nursing home residents. The Regulations amend the Act specifically in relation to respite care residents.
Overview
The National Health Act 1953 was enacted by the Australian Parliament to establish and regulate the provision of health services in Australia, including nursing home respite care. The Act provides a framework for the development of regulations to govern the operation of respite care in approved nursing homes, ensuring these services are accessible and adequately funded. The National Health (Nursing Home Respite Care) Regulations (Amendment) 1996 were introduced to address the need for greater financial incentives and operational flexibility for nursing home proprietors in managing respite care. The amendments aimed to replace the previous system of designated respite care beds with an approved pool of respite care bed days, thus allowing for a more flexible and financially incentivised approach to respite care management within nursing homes. The policy objective was to enhance the efficiency and responsiveness of the nursing home respite care system by aligning it more closely with the needs of both the nursing homes and the patients they serve.
Scope and Application
The National Health (Nursing Home Respite Care) Regulations (Amendment) pertains to the operational aspects of respite care provided in approved nursing homes under the National Health Act 1953. These Regulations apply to the proprietors of nursing homes and the patients who require respite care, ensuring that the operation of benefit and leave respite care aligns with the changes introduced by the amending Regulations. The scope of the Regulations extends to all states and territories within Australia, as they are established under the Commonwealth Act. The Regulations are designed to accommodate changes in the respite care system, such as the transition from a designated bed system to a benefit respite care bed day system, which is aimed at providing greater flexibility to nursing home proprietors. There are no exclusions stated within the amending Regulations themselves, however, the overarching Act may impose limitations based on the eligibility of nursing homes and patients for respite care services. The Regulations are further refined and extended through subordinate instruments, which provide additional detail on the operation of the respite care scheme and the implementation of the new benefit respite care bed day system.
Key Provisions
The main operative sections of the National Health (Nursing Home Respite Care) Regulations (Amendment) pertain to the introduction of benefit respite care bed days instead of the previously designated benefit respite care beds. Under Section 49AA of the National Health Act 1953, the Governor-General has the authority to establish regulations governing a scheme that provides respite care in approved nursing homes. The Regulations have been amended to reflect the changes announced in the Budget, taking effect from 1 January 1990, with the aim of increasing financial incentives and operational flexibility for proprietors in administering respite care. Regulation 3 now defines benefit respite care bed days, and related definitions have been amended accordingly. Regulation 7 specifies the details to be included in the statement issued to respite care patients, including the number of days they are expected to occupy a bed in the nursing home and, for benefit respite care patients, the number of days they are entitled to be a benefit respite care patient in that home in that financial year.
The obligations and requirements imposed by these Regulations include the necessity for the Minister to give written notice to a nursing home proprietor of any decision to determine a number of benefit respite care bed days or to revoke or vary such a determination for that home, as per Regulation 18. The Minister must also consider the number of nursing homes in the State, Territory or region, the number of beds in those nursing homes, and the need for benefit respite care bed days within that State, Territory or region when determining a maximum number of benefit respite care bed days that may be approved, as per Regulations 14, 20, and 21. Furthermore, Regulation 32 enables nursing home proprietors to charge a booking fee for respite care and specifies the rules governing the operation of that booking fee.
The Regulations also introduce consequences and penalties for non-compliance. While the specific penalties for breach are not mentioned in the Explanatory Statement, it is common for breaches of health regulations to result in fines, which can vary depending on the severity and frequency of the breach. In some cases, non-compliance may also lead to the suspension or revocation of approval for the nursing home to provide respite care services, effectively closing down the facility until compliance is achieved. These measures ensure that the new benefit respite care bed day system operates smoothly and that the financial incentives and operational flexibility provided by the Regulations are effectively utilised by the nursing homes.