Nursing Homes Assistance Regulations (Amendment)

Administered by Department of Health, Disability and Ageing

Legislation au F1997B02074 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules 1985

1985 No. 192

SUBJECT: NURSING HOMES ASSISTANCE ACT 1974

 NURSING HOMES ASSISTANCE REGULATIONS (AMENDMENT)

(Issued by authority of the Minister for Community Services, Senator the Hon Don Grimes.)

Regulation 4 of the Nursing Homes Assistance Regulations (the Regulations) was made pursuant to section 37 of the Nursing Homes Assistance Act 1974 (the Act). Regulation 4 provides that, for the purposes of the definition of “Government nursing home” in sub-section 3(1) of the Act, each of the nursing homes specified in an item in a Part of Schedule 1 to the Regulations is a prescribed nursing home.

Various provisions of the Act and the National Health Act 1953 provide that if a nursing home is prescribed in Schedule 1, it will be -

 ineligible for deficit funding under the Act;

 eligible for funding under the National Health Act 1953; and

 not subject to Commonwealth controls, particularly in relation to levels of fees to be charged and the admission of patients.

The list of nursing homes in Schedule 1 to the Regulations is no longer accurate and needs to be updated.

The Regulation will repeal Schedule 1, and substitute an updated Schedule 1.

The Regulation will take effect from the date of notification in the Gazette.

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