EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 428
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NURSING HOMES ASSISTANCE ACT 1974
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. Sub-section 13(1) of the Act requires that provisions be included in such an agreement between the Commonwealth and the proprietor of a nursing home whereby the proprietor of the nursing home is required to charge the fees referred to in that sub-section for nursing home care and other services provided to qualified nursing home patients in the nursing home.
Paragraph 13(1)(d) of the Act provides for the prescription of the fees to be charged to nursing home patients in nursing homes approved under the Act 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 a State or Territory. Fees for the purposes of paragraph 13(1)(d) are prescribed in Regulation 6 of the Nursing Homes Assistance Regulations in respect of extensive care patients and ordinary care patients. These fees are determined in part by reference to the current rates of Commonwealth benefit for nursing home care prescribed in the National Health Regulations in respect of each State or Territory for the purposes of sub-section 47(1) of the National Health Act 1953.
The increase in the rate of Commonwealth benefit for nursing home care prescribed in respect of Western Australia from 15 December 1984 has required corresponding increases in the fees prescribed under paragraph 13(1)(d) of the Act in respect of that State from that date. The regulations therefore amend Regulation 6 of the Nursing Homes Assistance Regulations to increase the fees prescribed in respect of Western
Australia from $282.10 to $310.10 per week for ordinary care patients, and from $324.10 to 352.10 per week for extensive care patients.
The regulations came into operation on 15 December 1984.
Overview
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1984, issued by authority of the Minister for Health, amend the Nursing Homes Assistance Regulations to address an increase in the Commonwealth benefit rate for nursing home care in Western Australia, effective from 15 December 1984. This amendment was necessary to align the fees charged to nursing home patients with the new benefit rates, ensuring that the financial obligations of the Commonwealth and the nursing home proprietors remain balanced and that patients are not adversely affected by changes in government benefits. The policy objective of this amendment is to maintain the integrity of the agreement between the Commonwealth and nursing home proprietors, ensuring that the fees charged to patients reflect the current government benefits and the operating costs of the nursing homes.
Scope and Application
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1984 No. 428, issued under the authority of the Minister for Health, pertains to amendments made to the Nursing Homes Assistance Regulations, which in turn support the operation of the Nursing Homes Assistance Act 1974. This legislation applies to proprietors of nursing homes approved under the Act and to the Commonwealth, specifically in the context of agreements for meeting approved operating deficits of nursing homes. These regulations are crucial for setting the fees that nursing home proprietors must charge to qualified patients, particularly those who may be entitled to compensation or damages under state or territory laws. The amendments made to Regulation 6 of the Nursing Homes Assistance Regulations involve adjustments to the fees charged to ordinary and extensive care patients, reflecting the changes in the Commonwealth benefit rates for nursing home care. The geographic reach of these regulations is national, affecting all approved nursing homes across Australia, with specific amendments to fees in Western Australia. The regulations came into effect on 15 December 1984, ensuring that the fees charged align with the updated Commonwealth benefit rates.
Key Provisions
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1984 No. 428, issued under the authority of the Minister for Health, amend the Nursing Homes Assistance Regulations to adjust the fees charged to nursing home patients in Western Australia, effective from 15 December 1984. These amendments are necessary due to an increase in the Commonwealth benefit rate for nursing home care, as prescribed in the National Health Regulations. Specifically, the fees for ordinary care patients have been increased from $282.10 to $310.10 per week, while those for extensive care patients have risen from $324.10 to $352.10 per week. These changes are detailed in Regulation 6 of the Nursing Homes Assistance Regulations, which now reflect the updated rates required by the Nursing Homes Assistance Act 1974.
Under the Nursing Homes Assistance Act 1974, the Commonwealth and the proprietor of a nursing home can enter into an agreement whereby the Commonwealth covers any approved operating deficit incurred by the home (Section 12(1)). This agreement must include provisions that require the proprietor to charge the prescribed fees for nursing home care and other services provided to qualified patients (Section 13(1)). The fees for patients who are entitled to, or may be entitled to, a payment by way of compensation or damages under a State or Territory law are specifically prescribed in Regulation 6 of the Nursing Homes Assistance Regulations. These fees are determined partly by reference to the current rates of Commonwealth benefit for nursing home care, as prescribed in the National Health Regulations under the National Health Act 1953 (Sub-section 47(1)). The updated rates in Western Australia reflect the corresponding increases in these Commonwealth benefit rates.
Entities governed by these regulations must adhere to the prescribed fees as amended. This means that proprietors of nursing homes in Western Australia must charge the new rates for ordinary and extensive care patients, as specified in the amended Regulation 6. These regulations ensure that the fees charged to patients are aligned with the updated Commonwealth benefit rates, maintaining the financial viability of nursing homes while ensuring that patients receive appropriate care. The proprietor of a nursing home must ensure that all billing to patients reflects these amended fee structures to comply with the requirements of the Act and the Regulations.
Failure to comply with the provisions of the amended Nursing Homes Assistance Regulations can result in legal consequences. While the specific penalties are not detailed in the text, breaches of the Act or Regulations could potentially lead to enforcement actions by the relevant authorities. Such actions might include fines or other administrative penalties, and in severe cases, the proprietor could face legal action that might affect their ability to operate the nursing home. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the legal frameworks governing the Act and the Regulations.