EXPLANATORY STATEMENT
Statutory Rules 1986 No 329
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 6 of the Nursing Homes Assistance Regulations (the Regulations) was made pursuant to section 37 of the Nursing Homes Assistance Act 1974 (the Act).
Paragraph 13(1)(d) of the Act prescribes the fees to be charged to nursing home patients in nursing homes approved under the Act where the patient has received, has established a right to receive, or may be entitled to receive, a payment by way of compensation or damages under a law of a State or Territory in respect of the nursing home care to which the fees relate.
Regulation 6 of the Regulations prescribes fees for the purposes of paragraph 13(1)(d).
These fees have been set at a rate equivalent to the sum of the fee prescribed under paragraph 13(1)(a) of the Act, the weekly equivalent of the amount of Commonwealth nursing home benefit prescribed in sub-regulation 28A(2) of the National Health Regulations and, in the case of extensive care patients, $42.00. With the increases in the amounts prescribed in sub-regulation 28A(2) of the National Health Regulations, corresponding increases in the fees prescribed under paragraph 13(1)(d) of the Act have been made.
Accordingly, the regulations will amend regulation 6 to increase each of the fees prescribed.
The regulations will come into operation on 13 November 1986.
Overview
The Nursing Homes Assistance Act 1974 was enacted to address the need for financial assistance for nursing home patients, ensuring that they receive adequate care and support within approved nursing homes. This Act was established by the Parliament of Australia to fill the gap in support for nursing home patients who might otherwise be unable to afford the cost of their care. The policy objective of the Act is to provide financial assistance to nursing home patients, particularly those who may have received, or are entitled to receive, compensation or damages for nursing home care. The Nursing Homes Assistance Regulations (Amendment) 1986, issued by authority of the Minister for Community Services, Senator the Hon Don Grimes, aim to adjust the fees charged to nursing home patients in line with increases in prescribed benefits, ensuring that the financial assistance provided remains current and effective.
Scope and Application
The Nursing Homes Assistance Act 1974 applies to nursing home patients who have received, have established a right to receive, or may be entitled to receive, a payment by way of compensation or damages under a law of a State or Territory in respect of the nursing home care to which the fees relate. The Act sets out the fees that can be charged to these patients in nursing homes that are approved under the Act. The Act operates on a national level, applying across all states and territories of Australia. The Act is complemented by the Nursing Homes Assistance Regulations, which provide further detail on the fees that can be charged. These regulations can be amended, as demonstrated by the amendment to Regulation 6, which adjusts the fees to reflect increases in the Commonwealth nursing home benefit. The regulations are subordinate instruments that extend the application of the Act, ensuring that the prescribed fees remain current and reflective of changes in economic conditions or entitlements. Any exclusions, exemptions, or thresholds are outlined within the Act and the associated Regulations, governing the specific circumstances under which fees may be adjusted or waived.
Key Provisions
The key provisions of the Nursing Homes Assistance Regulations (Amendment) (Statutory Rules 1986 No 329) relate primarily to Regulation 6, which was made under section 37 of the Nursing Homes Assistance Act 1974. This regulation updates the fees that can be charged to patients in approved nursing homes who have received, or may be entitled to receive, compensation or damages related to the nursing home care they receive (section 13(1)(d)). Specifically, Regulation 6 sets out the fees to be charged by aligning them with the sum of the fee prescribed under section 13(1)(a) of the Act, the weekly equivalent of the Commonwealth nursing home benefit under sub-regulation 28A(2) of the National Health Regulations, and an additional $42.00 for extensive care patients. This amendment follows changes in the amounts prescribed in the National Health Regulations, ensuring the fees are updated accordingly.
These regulations impose specific obligations on nursing homes and their patients. Nursing homes must adhere to the prescribed fee structure outlined in Regulation 6, ensuring that fees charged to eligible patients are in line with the updated rates. Patients who have received or are entitled to compensation or damages must be informed of the applicable fees, and these fees must be charged accordingly. Failure to comply with the prescribed fee structure can lead to legal consequences, as the regulations are designed to maintain fairness and transparency in the charging of fees related to nursing home care.
The Act and the associated regulations do not explicitly outline specific offences or penalties for non-compliance with the fee provisions. However, breaches of the regulations may lead to civil or administrative actions, such as fines or other penalties as determined by the relevant authorities. Although the maximum penalties are not explicitly stated in the regulations, any non-compliance could result in legal action against the nursing home, potentially leading to financial penalties or other sanctions.
In summary, Regulation 6 of the Nursing Homes Assistance Regulations (Amendment) provides clear guidelines for the fees that nursing homes can charge to patients who have received, or may be entitled to receive, compensation or damages. These regulations impose a duty on nursing homes to adhere to the updated fee structure and ensure that patients are charged correctly. While the regulations do not specify maximum penalties for non-compliance, any breaches may result in legal actions and potential financial penalties.