EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO.66
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NATIONAL HEALTH ACT 1953
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 fixed $6.70, or such higher amount as is prescribed by regulations, as the minimum amount of daily patient contribution that qualified nursing home patients accommodated in approved non-government 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 that Regulation 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 3 May 1984 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 $11.95 to $12.40.
The regulations came into operation on 3 May 1984.
Overview
The National Health Act 1953 was enacted to establish and regulate the provision of health services in Australia, ensuring that the public has access to necessary health care. One of the gaps addressed by this Act is the need for a structured framework governing health care contributions from patients, particularly in nursing home settings. The Act empowers the Governor-General to make regulations necessary for its implementation, such as setting the minimum daily patient contributions for nursing home care. The National Health Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Health, amended these regulations to adjust the patient contribution amount in response to changes in the pension rates, ensuring that the contribution remains consistent with the living standards of the recipients of the age pension. These amendments were necessary to maintain the relativity between the patient contribution and the social security payments, reflecting the updated economic conditions.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1984 No. 66, issued under the authority of the Minister for Health, amends the National Health Regulations to adjust the minimum daily patient contribution required from qualified nursing home patients accommodated in approved non-government nursing homes. This adjustment arises from Section 140 of the National Health Act 1953, which empowers the Governor-General to make regulations necessary for carrying out the Act. The amendment specifically targets sub-paragraph 47(2)(b)(iii) of the Act, which previously fixed the daily patient contribution at $6.70, or a higher amount as prescribed by regulations. Regulation 29 of the National Health Regulations currently sets this amount at $11.95, a level that has been maintained since 1978 at 87½% of the sum of the standard age pension and supplementary assistance rates under the Social Services Act 1947. Given the increase in pension rates effective from 3 May 1984, the regulations have been amended to increase the daily patient contribution from $11.95 to $12.40 to maintain this relativity. These regulations came into operation on the aforementioned date, ensuring that the financial contributions of patients are aligned with the changes in pension rates.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 1984 No. 66, issued under the authority of the Minister for Health, amend the National Health Regulations to adjust the minimum daily patient contribution for qualified nursing home patients accommodated in approved non-government nursing homes. Section 47(2)(b)(iii) of the National Health Act 1953 stipulates that the minimum patient contribution is set at a level equivalent to 87½% of the sum of the current rates of the standard age pension and supplementary assistance under the Social Services Act 1947. Regulation 29, which prescribes this amount, has been adjusted to reflect an increase in pension rates effective from 3 May 1984. The prescribed daily amount has been increased from $11.95 to $12.40 to maintain this relativity.
The amended regulations impose obligations on the entities they govern, specifically the approved non-government nursing homes that accommodate qualified nursing home patients. These nursing homes are required to ensure that the daily patient contribution from their patients meets the new prescribed amount of $12.40. This obligation extends to the clear communication of this contribution amount to patients and their families, ensuring transparency and compliance with the Act’s provisions. Additionally, these entities must maintain accurate records of the contributions received, as well as the basis for any exemptions or reductions that may apply.
Failure to comply with the requirements set forth in these regulations can result in various consequences. While the specific penalties for breach are not detailed in the explanatory statement, the Act generally allows for both civil and criminal penalties for non-compliance. Civil penalties might include fines or other monetary penalties, while criminal penalties could potentially involve imprisonment, depending on the severity and intent of the breach. The exact penalties would need to be referred to in the relevant sections of the National Health Act 1953 and the Social Services Act 1947, which outline the broader legal framework for enforcement and sanctions.