National Health Regulations (Amendment)

Administered by Department of Health, Disability and Ageing

Legislation au F1996B03228 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules 1985 No. 288

SUBJECT: NATIONAL HEALTH ACT 1953

NATIONAL HEALTH REGULATIONS (AMENDMENT)

(Issued by authority of the Minister for Community Services, Senator the Hon Don Grimes.)

Regulations 28A and 29 of the National Health Regulations (the Regulations) were made pursuant to section 140 of the National Health Act 1953 (the Act).

Regulation 28A

Sub-section 47(1) of the Act provides that there is payable to the proprietor of an approved nursing home, in respect of each qualified nursing home patient, for each day on which the patient receives nursing home care in that nursing home a Commonwealth benefit of -

(a) where the nursing home is situated in New South Wales - $13.65 or such higher amount as is prescribed from time to time;

(b) where the nursing home is situated in Victoria - $19.65 or such higher amount as is prescribed from time to time;

(c) where the nursing home is situated in Queensland - $11.80 or such higher amount as is prescribed from time to time;

(d) where the nursing home is situated in South Australia - $17.40 or such higher amount as is prescribed from time to time;

(e) where the nursing home is situated in Western Australia - $11.75 or such higher amount as is prescribed from time to time;

(f) where the nursing home is situated in Tasmania - $14.85 or such higher amount as is prescribed from time to time;

(g) where the nursing home is situated in the Australian Capital Territory - $13.65 or such higher amount as is prescribed from time to time; or

(h) where the nursing home is situated in the Northern Territory - $17.40 or such higher amount as is prescribed from time to time.


Since 1977 the level of nursing home benefits has been adjusted annually on a State by State basis so that it, together with the minimum patient contribution, covers the fees charged for 70% of non-Government nursing home beds approved under the Act in each State.

The amounts below are currently prescribed in regulation 28A of the National Health Regulations for the purposes of each of the following paragraphs of sub-section 47(1) -

(a) $33.35;

(b) $48.50;

(c) $28.10;

(d) $39.05;

(e) $31.55;

(f) $27.80;

(g) $33.35; and

(h) $39.05.

In May 1985, the Treasurer announced that the maximum level of benefits would be frozen at November 1984 levels in Victoria, South Australia and the Northern Territory, and would also be frozen for all State and Territory Government nursing homes approved under the Act.

The rates of benefit for non-Government nursing homes in the States where the freeze does not apply have been reviewed. Benefits will be increased to cover the fees charged for 70% of non-Government nursing home beds in these States and the Australian Capital Territory. The benefit in South Australia will also be increased by $3.00 per day to meet the cost of the introduction of the 38 hour week for nursing home staff in South Australia. The level of benefit in the Northern Territory is currently maintained at the same level as South Australia, and it will also be increased by $3.00 per day.

Sub-section 47(4) of the Act provides that regulations made for the purpose of sub-section 47(1) may prescribe different amounts of Commonwealth benefit payable in respect of different classes of approved nursing homes, being classes of nursing homes identified in or in accordance with those regulations.

Accordingly, the regulations will repeal regulation 28A of the National Health Regulations and substitute a new regulation which prescribes the amounts of Commonwealth benefit payable in respect of Government nursing homes and nursing homes other than Government nursing homes for the purposes of each paragraph of sub-section 47(1).

Regulation 29

Sub-section 47(2) of the Act provides that where a qualified nursing home patient is receiving nursing home care in a non-Government nursing home, the amount of Commonwealth benefit payable under sub-section 47(1) is reduced by the amount that the fees charged in respect of the nursing home care of that patient for that day are exceeded by the sum of -

 the amount of Commonwealth benefit otherwise payable under sub-section 47(1) (sub-paragraph 47(2)(b)(i));

 the amount (if any) of Commonwealth extensive care benefit (sub-paragraph 47(2)(b)(ii)); and

 $6.70. or the amount prescribed (sub-paragraph 47(2)(b)(iii)).

In effect, sub-paragraph 47(2)(b)(iii) of the Act prescribes the minimum rate of daily patient contribution that a qualified nursing home patient who is accommodated in an approved non-Government nursing home is required to contribute towards his or her care and treatment. The rate of $13.65 is prescribed by regulation 29 of the Regulations.

The rate of the patient contribution prescribed by that regulation is currently at a level equivalent to 87.5% of the sum of the maximum standard rate of pension and rent assistance payable under the Social Security Act 1947.

The rate of patient contribution has been reviewed to take into account the increase in pension rates which will become effective on 1 November 1985. The patient contribution rate will increase to a level that will maintain the 87.5% rate.

The regulation will increase the rate of patient contribution to the new level.

The regulations will come into operation on 14 November 1985, which is the first pension pay-day after the increase in pension rates occurs.

Overview

The National Health Regulations (Amendment) Statutory Rules 1985 No. 288, issued by the Minister for Community Services, Senator the Hon Don Grimes, aim to update the National Health Regulations made under the National Health Act 1953. This amendment addresses the need to adjust the rates of Commonwealth benefits payable to proprietors of approved nursing homes and the minimum patient contribution rates to account for changes in economic conditions and costs associated with nursing home care. The policy objective is to ensure that the benefits align with the fees charged for 70% of non-Government nursing home beds in each state, while also considering the introduction of specific labour conditions such as the 38-hour workweek in South Australia. The regulations will come into operation on 14 November 1985, coinciding with the increase in pension rates.

Scope and Application

The National Health Regulations (Amendment) under the National Health Act 1953 apply to the proprietors of approved nursing homes, which are defined as nursing homes that have been approved under the Act for the purpose of receiving Commonwealth benefits for patients who receive nursing home care. The amendment pertains specifically to the amounts of Commonwealth benefit payable in respect of each qualified nursing home patient in approved nursing homes across different states and territories of Australia. The regulations differentiate between Government nursing homes and other nursing homes, prescribing varying benefit amounts for each state and territory, with specific rates set for New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. The amendment also adjusts the minimum daily patient contribution rate for non-Government nursing homes, aligning it with changes in pension rates to maintain a consistent level of patient contribution. The regulations are applicable nationally, affecting all approved nursing homes across Australia, and they come into operation on 14 November 1985, following the increase in pension rates.

Key Provisions

The National Health Regulations (Amendment) under the National Health Act 1953, as outlined in Statutory Rules 1985 No. 288, primarily address the adjustments to the Commonwealth benefits payable to proprietors of approved nursing homes for each qualified nursing home patient. These amendments are structured around two main sections: Regulation 28A, which pertains to the Commonwealth benefit payable, and Regulation 29, which deals with the patient contribution required from qualified nursing home patients in non-Government nursing homes. Regulation 28A (sub-section 47(1) of the Act) specifies the rates of benefit payable to proprietors of approved nursing homes on a state-by-state basis. The new regulation, which replaces the existing regulation 28A, prescribes different amounts of benefit for Government nursing homes and other nursing homes. For instance, the benefit payable for nursing home patients in New South Wales is set at $33.35, while in Victoria, it is $48.50. These rates are adjusted to cover 70% of the fees charged for non-Government nursing home beds in each state, with additional increments in certain areas to accommodate specific costs such as the introduction of the 38-hour workweek for nursing home staff in South Australia. The obligations under these regulations include the requirement for nursing home proprietors to ensure that they meet the criteria for receiving the Commonwealth benefit, which is tied to the fees charged for patient care. Additionally, the Act mandates that nursing home patients in non-Government facilities contribute a minimum amount towards their care, as stipulated in Regulation 29 (sub-section 47(2) of the Act). The patient contribution rate has been adjusted to reflect the increase in pension rates, maintaining a fixed percentage of the maximum standard rates of pension and rent assistance. Failure to comply with the provisions of these regulations may result in penalties. While the specific penalties are not detailed in the explanatory statement, the Act provides a framework for potential civil or criminal consequences for breaches. The maximum penalties could vary based on the severity and intent behind the breach, with potential fines or other sanctions that align with the regulatory framework of the National Health Act 1953.

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