EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 136
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Issued by Authority of the Minister for Health
Section 140 of the National Health Act 1953 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Sub-section 17(1) of the Act defines “prescribed amount” in relation to a prescribed journey to mean $20 or such other amount as is prescribed by regulations in force at the commencement of the journey.
The Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS) provides partial reimbursement of travel and accommodation costs for people living in isolated areas who need to travel more than 200 kilometres to consult the nearest suitable medical specialist. Such people are paid their travel costs less the prescribed amount.
The Treasurer (the Hon. P. J Keating) announced in Parliament on 14 May 1985 that the prescribed amount is to increase from $20 to $30. This increase will result in estimated annual saving of $1.1m. This is the first increase in the prescribed amount since IPTAAS was introduced in 1978.
The National Health Regulations (Amendment) inserts a new regulation 5B into the National Health Regulations to provide, with effect from 1 July 1985, that for the purposes of the definition of “prescribed amount” in sub-section 17(1) of the Act, the amount of $30 is prescribed.
Overview
The National Health Regulations (Amendment) 1985, issued under the authority of the Minister for Health, amends the National Health Regulations 1953 to address an increase in the prescribed amount for the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS). Enacted by the Parliament, the objective of this amendment is to update the financial assistance provided to individuals from isolated areas who require travel exceeding 200 kilometres to consult with a suitable medical specialist. The prescribed amount, which was originally set at $20, is increased to $30, reflecting the first adjustment since IPTAAS's inception in 1978. This legislative change is expected to result in annual savings of approximately $1.1 million. The new regulation, inserted as Regulation 5B, specifies that the prescribed amount will be $30, effective from 1 July 1985.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1985 No. 136, made under the authority of Section 140 of the National Health Act 1953, introduce a change to the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS) by amending the prescribed amount for travel reimbursement. This amendment applies to individuals residing in isolated areas who are required to travel over 200 kilometres to access the nearest suitable medical specialist. Under the amended regulations, the prescribed amount that is deducted from the travel cost reimbursement increases from $20 to $30, effective from 1 July 1985. The amendment is intended to align with the Treasurer's announcement on 14 May 1985, which aimed to achieve an estimated annual saving of $1.1 million and marks the first adjustment to the prescribed amount since the inception of IPTAAS in 1978. The regulation applies nationally and is intended to be necessary and convenient for carrying out or giving effect to the Act.
Key Provisions
The main operative sections of the National Health Regulations (Amendment) are focused on updating the prescribed amount for the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS) under the National Health Act 1953. Specifically, regulation 5B, introduced by these amendments, prescribes the amount of $30 as the new prescribed amount for IPTAAS, effective from 1 July 1985. This change updates the previously set amount of $20, which had been in place since the inception of IPTAAS in 1978, and represents the first adjustment to this amount since then. This amendment aims to reflect changes in the economic environment and the costs associated with travel for isolated patients needing specialist medical consultations.
The obligations and requirements imposed by the National Health Regulations (Amendment) are primarily administrative in nature. The relevant authorities responsible for administering the IPTAAS must now use the new prescribed amount of $30 when calculating the reimbursement for eligible patients. This means that when patients submit their claims for travel and accommodation costs incurred during their journeys for medical consultations, the amount they are reimbursed will be reduced by $30 rather than the previous $20. This change necessitates updates to the relevant forms, instructions, and possibly the software systems used to process these claims, ensuring consistency and accuracy in the application of the new prescribed amount.
Failure to comply with the new regulation could potentially result in incorrect reimbursements being issued, either underpaying or overpaying patients. The financial implications of such errors could be significant, both for the patients affected and for the administering authorities, who would need to rectify any discrepancies. Furthermore, the authorities must ensure that all stakeholders, including healthcare providers and patients, are informed about this change to avoid confusion and ensure smooth operation of the scheme. Any breaches of the regulations, if not rectified, could lead to legal challenges or claims for improper reimbursement.
Offences, penalties, or civil/criminal consequences for breaches of the National Health Regulations (Amendment) are not explicitly detailed within the explanatory statement. However, breaches of regulations under the National Health Act 1953 can potentially lead to administrative penalties, financial liabilities, and legal actions. The specific penalties for non-compliance would depend on the nature and severity of the breach. Typically, the Act provides for enforcement actions that could include fines, corrective orders, or other administrative sanctions to ensure compliance with the regulatory requirements. It is essential for the authorities to ensure that all parties adhere to the updated regulations to avoid any potential legal repercussions.