EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO.45
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (‘the Act’) provides that the Governor-General may make regulations prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-paragraph 47(2) (b) (iii) of the Act fixes the minimum amount of daily patient contribution ($6.70 or such higher amount as is prescribed by regulations) that nursing home patients accommodated in approved nongovernment nursing homes are required to contribute towards their care and treatment. Such an amount is prescribed by Regulation 29 of the National Health Regulations. Since 1978, the amount of the patient contribution prescribed by Regulation 29 has been maintained at a level equivalent to 87½% of the sum of the current rates of standard age pension and supplementary assistance payable under the Social Services Act 1947. An increase in pension rates with effect from 5 May 1983 has made it necessary to increase the amount of patient contribution from that date in order to maintain this relativity. The
regulations accordingly provide for an increase in the prescribed daily amount from $10.90 to $11.50.
The regulations came into operation on 5 May 1983.
Overview
The National Health Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Minister for Health, were enacted to address an update in the minimum daily patient contribution required from nursing home patients accommodated in approved nongovernment nursing homes. This amendment was necessary due to the increase in pension rates effective from 5 May 1983, which necessitated a corresponding adjustment in the daily patient contribution to maintain the prescribed relativity to the sum of the current rates of standard age pension and supplementary assistance payable under the Social Services Act 1947. The primary objective of this regulation was to ensure that the daily patient contribution remains consistent with the updated pension rates, thereby maintaining the intended financial relationship between the patient contributions and the pension rates.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1983 No. 45, issued under the authority of the Minister for Health, pertain to the adjustment of the minimum daily patient contribution required from nursing home patients accommodated in approved nongovernment nursing homes. This amendment, operating within the framework of Section 140 of the National Health Act 1953, modifies Regulation 29 of the National Health Regulations to align with the updated rates of the standard age pension and supplementary assistance payable under the Social Services Act 1947. Specifically, the amendment increases the prescribed daily patient contribution from $10.90 to $11.50, effective from 5 May 1983. The Act applies to individuals residing in approved nongovernment nursing homes and the entities managing these facilities. The geographic reach of the Act is national, as it is issued under the Commonwealth authority and applies uniformly across Australia. The amendment does not explicitly state exclusions, exemptions, or thresholds but rather adjusts the contribution amount to maintain the statutory relativity to pension rates. The application of the Act may be further extended or restricted through subsequent subordinate instruments, ensuring its relevance and effectiveness in accordance with prevailing socio-economic conditions.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 1983 No. 45, issued under the authority of the Minister for Health, primarily amend the existing regulations concerning the daily patient contribution required from nursing home patients in approved non-government nursing homes. Section 140 of the National Health Act 1953 empowers the Governor-General to make such regulations necessary or convenient to carry out the Act. Specifically, sub-paragraph 47(2)(b)(iii) of the Act mandates a minimum daily patient contribution amount, which is currently prescribed by Regulation 29 of the National Health Regulations. The amendment increases this contribution from $10.90 to $11.50, effective from 5 May 1983, to maintain the relativity with the current rates of the standard age pension and supplementary assistance under the Social Services Act 1947.
The amended regulations impose certain obligations on nursing home patients accommodated in approved non-government nursing homes. Under the new provisions, these patients must contribute a daily amount of $11.50 towards their care and treatment, starting from 5 May 1983. This contribution is part of the cost-sharing arrangement between the patient and the government, designed to ensure that patients bear a reasonable portion of the costs associated with their care while still receiving necessary services.
Failure to comply with the regulations may result in civil or criminal consequences. Although the specific penalties for breach are not detailed in the provided text, it is implied that non-compliance with the National Health Regulations could lead to enforcement actions, including fines or other legal repercussions. The precise penalties would typically be outlined in related legislation or administrative guidelines, but the seriousness of adhering to these regulations is underscored by the legislative framework and the necessity to maintain the prescribed contribution levels.
The amendments to Regulation 29 are significant as they ensure that the daily patient contribution remains aligned with the current economic conditions and social support structures. This alignment is crucial for maintaining the integrity of the healthcare funding model, which balances the financial responsibilities between the government, nursing homes, and patients. The increase in the daily contribution amount reflects the adjustments in pension rates, ensuring that the patient’s financial burden remains consistent with their socio-economic status and available government assistance.