EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 39
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NURSING HOMES ASSISTANCE REGULATIONS (AMENDMENT)
Section 37 of the Nursing Homes Assistance Act 1974 (the Act) provides that the Governor-General may make regulations prescribing all matters 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-section 12 (1) of the Act provides that the Commonwealth and the proprietor of a nursing home approved under the Act may enter into an agreement under which the Commonwealth meets any approved operating deficit incurred by the home in a financial year or other period. Paragraph 13 (1) (a) of the Act provides that any such agreement between the Commonwealth and the proprietor of a nursing home is to include a provision under which the proprietor is to charge a fee of $32 per week or such other amount as is prescribed for nursing home patients other than certain specified classes of patients. The amount that is prescribed is consistent with Government
policy that the amount of minimum financial contribution towards the cost of their nursing home care by patients should be equivalent to 87½% of pension entitlement, including supplementary assistance, under the Social Services Act 1947. The increase in supplementary assistance effective from 11 February 1982 therefore has required an appropriate increase in the amount prescribed from that date. Regulation 2 accordingly prescribes an increase in the amount of the fee currently prescribed for the purposes of paragraph 13 (1) (a) from $65.10 to $67.90.
Paragraph 13 (1) (d) of the Act provides for the prescription of the fees to be charged to nursing home patients in approved nursing homes where the patient has received, has established his right to receive, or may be entitled to receive, a payment by way of compensation or damages under a law of the Commonwealth or of a State or Territory. The fees prescribed for the purposes of this paragraph are calculated by reference to the fee prescribed under paragraph 13 (1) (a) of the Act and by reference to the amounts of Commonwealth nursing home benefit prescribed
for the purpose of sub-section 47 (1) of the National Health Act 1953. Regulation 3 increases the fees prescribed under paragraph 13 (1) (d) by $2.80 per week to reflect the increase in the fee prescribed under paragraph 13 (1) (a) consequent upon the increase in the rate of supplementary assistance effective from 11 February 1982.
Regulation 1 provides for the coming into operation of the statutory rules on 11 February 1982.
Overview
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Health, amend the Nursing Homes Assistance Regulations 1974 to address an identified gap in the financial contributions of nursing home patients. Enacted by the Australian Parliament, the primary objective of these amendments is to align the weekly fees charged to patients with the increase in supplementary assistance effective from 11 February 1982, ensuring that the financial contribution by patients remains consistent with government policy. This policy aims to maintain the balance between the costs borne by the Commonwealth, the proprietors of nursing homes, and the patients themselves, ensuring that the minimum financial contribution towards the cost of nursing home care by patients is equivalent to 87½% of their pension entitlement, including supplementary assistance, under the Social Services Act 1947.
Scope and Application
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1982 No. 39, issued by the Minister for Health, pertain to the Nursing Homes Assistance Act 1974 and concern amendments to the fees prescribed for nursing home patients. This regulation applies to the Commonwealth and the proprietors of nursing homes that are approved under the Act, ensuring that these entities comply with the stipulated financial agreements and fee structures. Specifically, the amendment adjusts the weekly fee charged to patients to reflect the increase in supplementary assistance rates effective from 11 February 1982, ensuring alignment with government policy that mandates a minimum financial contribution from patients equivalent to 87½% of their pension entitlement, including supplementary assistance, as per the Social Services Act 1947. The regulation adjusts the fee from $65.10 to $67.90 per week and also modifies the fees for patients eligible for compensation or damages under Commonwealth or state laws, by increasing these fees by $2.80 per week. This amendment is effective from 11 February 1982, and any further adjustments or specifications are to be made through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Nursing Homes Assistance Regulations (Amendment) involve specific amendments to the fees charged to nursing home patients. Section 1 of these regulations mandates the coming into effect of the amendments on 11 February 1982. Section 2 adjusts the weekly fee charged to patients to $67.90, which is an increase from the previous rate of $65.10. This amendment aligns with the policy that patients should contribute an amount equivalent to 87.5% of their pension entitlement, including supplementary assistance, towards their nursing home care. Section 3 further modifies the fees for patients who may be entitled to compensation or damages under Commonwealth or state laws, increasing these fees by $2.80 per week to reflect the changes in the basic weekly fee.
The obligations imposed by these regulations on the parties involved are primarily concerned with the adjustment of fees charged to patients in approved nursing homes. The proprietor of a nursing home is required to charge the new prescribed fee of $67.90 per week to eligible patients. Additionally, for patients who may be entitled to compensation or damages, the proprietor must calculate the adjusted weekly fee according to the new prescribed amounts, which are also increased by $2.80. These obligations ensure that the financial contributions from patients are updated in line with changes in supplementary assistance rates and other relevant factors.
Failure to comply with the new fee structures as prescribed by these regulations could result in legal consequences. Although the document does not specify explicit offences or penalties, non-compliance with statutory requirements can lead to scrutiny from regulatory bodies and potential legal actions. The proprietor may face civil or administrative penalties for not adhering to the prescribed fee rates, which could include fines or other sanctions. It is important for nursing home proprietors to ensure they are charging the correct fees as per the amended regulations to avoid any legal repercussions.