National Health Regulations (Amendment) 1998 No. 18
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 18
Issued by authority of the Minister for Health and Family Services
National Health Act 1953
National Health Regulations (Amendment)
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 Regulation, certain benefits arrangements to permit pilot or demonstration schemes which could lead to an enhancement of the health insurance industry.
The National Health Regulations were amended with effect from 1 March 1997 (Statutory Rules 1997 No. 16) for a 12 month period, to set up a Domiciliary Palliative Care Program (the Program) 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 12 month period ceases at the end of 28 February 1998.
The Regulation provides for a 12 month extension, which will enable the Program to continue until the end of 28 February 1999. An 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 the future evaluation of similar early discharge and 'hospital in the home' programs currently underway.
The Regulation commenced on gazettal.
Overview
The National Health Regulations (Amendment) 1998 No. 18, issued under the authority of the Minister for Health and Family Services, were enacted to extend the Domiciliary Palliative Care Program (the Program) established by the National Health Regulations. This amendment was necessitated by the need to continue the evaluation of the Program, which had been initiated in 1997, to better understand its effectiveness and its potential for informing future palliative care and 'hospital in the home' initiatives. The overarching policy objective is to enhance the quality of health services provided to patients, particularly during critical periods of their lives, by allowing for the continuation and refinement of innovative healthcare programs. This amendment was made pursuant to Section 140 of the National Health Act 1953, which empowers the Governor-General to make regulations for the purposes of the Act, including provisions to modify benefits arrangements for pilot or demonstration schemes.
Scope and Application
The National Health Regulations (Amendment) 1998 No. 18 applies to entities and individuals involved in the provision of health services within Australia, particularly those administering or participating in the Domiciliary Palliative Care Program established under the National Health Act 1953. The regulations aim to facilitate pilot or demonstration schemes that can potentially enhance the health insurance industry by modifying certain benefits arrangements. This legislative amendment allows for the extension of the Domiciliary Palliative Care Program for an additional twelve months, beyond the initial implementation period that ended on 28 February 1998. The extension is crucial to enable continued evaluation of the program and its impact, which will also benefit similar initiatives like early discharge and 'hospital in the home' programs. The geographic and jurisdictional reach of these regulations is national, encompassing all states and territories within Australia. There are no specific exclusions, exemptions, or thresholds outlined in the text, although the application and enforcement of the regulations may be further defined through subordinate instruments. The regulations commenced on gazettal, indicating immediate effect upon publication.
Key Provisions
The National Health Regulations (Amendment) 1998 No. 18 (the Amendment) extends the Domiciliary Palliative Care Program (the Program) by 12 months, from 1 March 1998 to 28 February 1999, as outlined in section 3 of the Amendment. This amendment is made under the authority granted by section 140 of the National Health Act 1953, allowing for the establishment of pilot or demonstration schemes to enhance the health insurance industry. The Program aims to provide palliative care services that meet the expectations of patients for an improved quality of life during a challenging time, and the extension is intended to facilitate further evaluation of the Program.
The Amendment imposes certain obligations on the parties involved, including healthcare providers, patients, and the government. Healthcare providers are required to adhere to the standards and criteria set out in the Regulations for delivering palliative care services. Patients participating in the Program must meet specific eligibility criteria and provide informed consent for the services provided. The government, through the Department of Health, is responsible for overseeing the implementation of the Program, ensuring compliance with the Regulations, and allocating necessary resources for its continuation.
Failure to comply with the provisions of the National Health Regulations may result in various consequences. For healthcare providers, non-compliance may lead to administrative penalties, suspension or revocation of accreditation, and potential legal action. Patients who do not meet the eligibility criteria or fail to provide informed consent may be denied participation in the Program. The government may also face financial implications if the Program is not effectively managed or if it fails to meet its intended objectives. In cases of serious non-compliance, individuals or entities may face criminal charges, with potential penalties including fines and imprisonment. The specific penalties for breaches of the Regulations are detailed in the relevant sections of the National Health Act 1953 and associated Regulations.