EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 82
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
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spending. A patient contribution equivalent to 87½% of entitlement for such pensioners was determined to leave such an amount. An increase in the pension rates with effect from 6 May 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 $9.70 to $10.25.
Regulation 2 provides for the coming into operation of the statutory rules on 6 May 1982.
Overview
The National Health Regulations (Amendment) Statutory Rules 1982 No. 82 were enacted by the authority of the Minister for Health, addressing the need to adjust the minimum amount of daily patient contribution for nursing home patients in approved non-government nursing homes to maintain the relativity with pension rates. This amendment to the National Health Act 1953 arose from the 1978 decision that patients receiving only a pension and supplementary assistance under the Social Services Act 1947 should have an adequate amount left for personal spending. The policy objective was to ensure that the patient contribution reflected changes in pension rates, thus maintaining the intended financial support for pensioners.
The regulations, specifically Section 140 of the Act, increased the prescribed daily patient contribution from $9.70 to $10.25 to align with the higher pension rates effective from 6 May 1982. Regulation 1 implemented this increase, and Regulation 2 ensured that the statutory rules came into operation on the same date. This adjustment aimed to uphold the balance between the financial responsibilities of patients and the support available to them under existing social security provisions.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Health, amend the National Health Regulations to adjust the minimum daily patient contribution required from nursing home patients in approved non-government nursing homes. This regulation directly applies to nursing home patients accommodated in these approved facilities and is specifically aimed at maintaining the relativity of patient contributions to pension rates, ensuring that patients on pensions and supplementary assistance have an adequate amount left for personal spending. The regulation has a national reach, impacting all approved non-government nursing homes across Australia. There are no stated exclusions or exemptions in these regulations, and the changes come into effect from 6 May 1982. The application of these regulations may be further extended or restricted through subordinate instruments, although this is not elaborated upon in the provided text.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 1982, issued under Section 140 of the National Health Act 1953, establish new provisions concerning the patient contributions for care and treatment in non-government nursing homes. Specifically, Regulation 1 adjusts the minimum daily patient contribution, raising it from $9.70 to $10.25, effective from 6 May 1982. This amendment ensures that the contribution remains proportionate to the pension rates, thereby maintaining the financial adequacy for patients reliant on pensions and supplementary assistance under the Social Services Act 1947.
These regulations impose specific obligations on parties involved, particularly on nursing home patients and the nursing homes themselves. Patients accommodated in approved non-government nursing homes are required to contribute the specified amount towards their care and treatment, as outlined in the amended regulation. The nursing homes, on the other hand, must ensure compliance with these regulatory changes, adjusting their billing practices accordingly to reflect the new contribution rates.
Breaching the requirements set forth in these regulations could lead to various consequences. Although the specific penalties for non-compliance are not detailed in the provided excerpt, it is generally understood that failure to adhere to National Health Regulations can result in both civil and criminal liabilities. Civil consequences might include fines or other monetary penalties, while criminal penalties could potentially involve imprisonment, depending on the severity and intent of the breach. These measures are intended to enforce compliance and ensure the fair and equitable application of the regulations.