EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 38
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 non-government nursing homes are required to contribute towards their care and treatment. In 1978, the Government decided that such patients should contribute an amount which would leave a patient, receiving only a pension and supplementary assistance under the Social Services Act 1947, an adequate amount for personal spending. A patient contribution equivalent to 87½% of entitlement for such pensioners was determined to leave
such an amount. An increase in the rate of supplementary assistance with effect from 11 February 1982 has made it necessary to increase the amount of patient contribution from that date in order to maintain this relativity. Regulation 1 therefore provides for an increase in the prescribed daily amount from $9.30 to $9.70.
Regulation 2 provides for the coming into operation of the statutory rules on 11 February 1982.
Overview
The National Health Regulations (Amendment) 1982, issued under the authority of the Minister for Health, were enacted to amend the National Health Act 1953. The primary issue addressed by this legislation is the adjustment of the daily patient contribution required from nursing home patients in non-government approved nursing homes to account for changes in supplementary assistance rates under the Social Services Act 1947. The policy objective is to ensure that patients who rely solely on a pension and supplementary assistance have an adequate amount for personal spending after contributing to their care and treatment. The regulation increases the minimum daily patient contribution from $9.30 to $9.70, effective from 11 February 1982, to maintain the relativity established in 1978.
This amendment was authorised by the Parliament and is intended to ensure that the financial burden on eligible patients remains fair and equitable, reflecting the changes in supplementary assistance rates. The regulations provide for the necessary adjustments to the prescribed daily amount, ensuring that patients do not face undue financial hardship while still contributing appropriately to their care and treatment. The statutory rules came into effect on 11 February 1982, aligning with the changes in supplementary assistance rates.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1982 No. 38, issued by authority of the Minister for Health, amends the National Health Regulations to adjust the minimum daily patient contribution required from nursing home patients accommodated in approved non-government nursing homes. This amendment is made pursuant to Section 140 of the National Health Act 1953, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. Specifically, the amendment addresses sub-paragraph 47 (2) (b) (iii) by increasing the prescribed daily amount of patient contribution from $9.30 to $9.70, effective from 11 February 1982. This adjustment is necessitated by an increase in the rate of supplementary assistance under the Social Services Act 1947, ensuring that patients receiving only a pension and supplementary assistance retain an adequate amount for personal spending. The regulations apply nationally, impacting all approved non-government nursing homes across Australia. The rules themselves come into operation on 11 February 1982, aligning with the date of the supplementary assistance rate increase.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 1982 No. 38 outline specific adjustments to the daily patient contribution required from nursing home patients accommodated in approved non-government nursing homes. Under section 140 of the National Health Act 1953, the Governor-General has the authority to establish regulations that are necessary to implement the Act, including the minimum amount of daily patient contribution. Specifically, Regulation 1 amends the daily patient contribution amount from $9.30 to $9.70, effective from 11 February 1982. This adjustment aligns with an increase in the rate of supplementary assistance under the Social Services Act 1947, ensuring that patients receiving only a pension and supplementary assistance have an adequate amount for personal spending.
The obligations imposed by these regulations primarily concern the nursing home operators and the patients themselves. Nursing home operators must ensure that the new contribution amount is accurately applied and communicated to the patients. Patients are required to make the specified daily contribution towards their care and treatment, as stipulated by the regulations. This obligation is crucial to maintaining the financial viability of the nursing homes while ensuring that patients have sufficient funds for personal expenses.
Failure to comply with the new daily patient contribution amount set by these regulations can result in legal consequences. While the specific offences and penalties are not detailed in the provided explanatory statement, it is reasonable to infer that non-compliance could lead to enforcement actions by regulatory authorities. Such actions might include fines or other penalties as prescribed under the National Health Act 1953 or related legislation. The exact penalties would depend on the specific nature of the breach and any additional regulatory provisions in place at the time of the offence.