EXPLANATORY STATEMENT
Statutory Rules 1986 No. 353
SUBJECT: NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
(Issued by authority of the Minister for Community Services).
Regulation 29 of the National Health Regulations (the Regulations) was made pursuant to section 140 of the National Health Act 1953 (the Act).
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 $14.60 is prescribed by regulation 29 of the National Health 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 25 December 1986. The patient contribution rate will be increased to maintain the 87.5% rate.
Accordingly, the regulations increase the rate of patient contribution to the new level.
The regulations will come into operation on 25 December 1986, which is the date the increase in pension rates occurs.
Overview
The National Health Act 1953, enacted by the Australian Parliament, addresses the provision of healthcare services and support for eligible individuals, including the regulation of benefits payable for nursing home care. This Act was designed to ensure that qualified nursing home patients receive appropriate levels of care and financial support from the Commonwealth. The National Health Regulations (Amendment) issued under this Act, specifically Statutory Rules 1986 No. 353, aim to adjust the patient contribution rates to align with the increased pension rates effective from 25 December 1986. This amendment ensures that the patient contribution remains at 87.5% of the maximum standard rate of pension and rent assistance under the Social Security Act 1947, reflecting the legislative intent to provide fair and adequate support for nursing home patients.
Scope and Application
The National Health Regulations (Amendment) under the National Health Act 1953 primarily concerns the adjustment of the daily patient contribution for qualified nursing home patients receiving care in non-Government nursing homes. The Act applies to these qualified patients who are accommodated in approved non-Government nursing homes, ensuring that their financial contributions are in line with changes in pension rates. The amendments are designed to maintain the patient contribution at a consistent level relative to the maximum standard rate of pension and rent assistance, currently set at 87.5%. The amendment, issued by the Minister for Community Services, aims to reflect the increases in pension rates effective from 25 December 1986. The regulations will also come into effect on this date, ensuring that the patient contributions are adjusted in alignment with the new pension rates. The amendment does not specify exclusions or exemptions but ensures the applicability of the new patient contribution rates across all relevant non-Government nursing homes within the Commonwealth jurisdiction.
Key Provisions
The National Health Act 1953 (the Act) and the National Health Regulations (the Regulations) govern the provision of healthcare services in Australia, with particular focus on the financial aspects of nursing home care for qualified patients. Section 47(2) of the Act outlines the conditions under which the Commonwealth benefit payable to a qualified nursing home patient receiving care in a non-Government nursing home is adjusted. Specifically, sub-section 47(2)(b)(iii) sets a minimum daily patient contribution required from such patients, which is currently prescribed at a rate of $14.60 by Regulation 29 of the National Health Regulations.
The Regulations, as amended by Statutory Rules 1986 No. 353, adjust the rate of the patient contribution to ensure it remains at 87.5% of the maximum standard rate of pension and rent assistance payable under the Social Security Act 1947. This amendment is in response to the increase in pension rates effective from 25 December 1986. The new contribution rate, which maintains the prescribed 87.5% level, will be implemented on the same date as the pension rate increase.
Under the Act and Regulations, non-Government nursing homes providing care to qualified patients are obligated to adhere to the specified patient contribution rates. These entities must ensure that the contributions from patients are calculated correctly in accordance with the prescribed rates, and that any adjustments to the Commonwealth benefit payable are made as required. Failure to comply with these provisions may result in penalties or other consequences as prescribed by law.
Any breach of the provisions concerning patient contributions and benefits may result in civil or criminal consequences. The specific penalties for non-compliance are not detailed in the provided text, but generally, breaches of the National Health Act and Regulations could lead to fines or other sanctions as determined by the relevant authorities. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and Regulations.