Residential Care Services — Additional Payment
Aged Care (Consequential Provisions) Act 1997
I, JULIE BISHOP, Minister for Ageing, acting under subsection 60 (1) of the Aged Care (Consequential Provisions) Act 1997, specify that an additional amount is payable in respect of residential care services in respect of which residential care subsidy is payable under section 43-1 of the Aged Care Act 1997, in recognition of the circumstance specified in clause 2.
2. The circumstance is that approved providers of residential care services are improving or maintaining the services to meet building standards and fire protection standards approved by the Minister, as described in the document entitled ‘Ten Year Forward Plan for all Certified Residential Aged Care Services’ issued by the Department of Health and Ageing in June 2004, a copy of which is set out in Schedule 1.
3. The additional amount payable is $3 500 for each care recipient to whom residential care is provided through a residential care service, worked out on the basis of whichever is the greater of the following:
(a) the number of care recipients to whom residential care was provided through the service on 31 March 2004, and in respect of whom residential care subsidy was payable;
(b) the daily average number of care recipients to whom residential care was provided through the service during the payment period ending on 30 April 2004, and in respect of whom residential care subsidy was payable for that period.
Dated 17 June 2004
julie bishop
Minister for Ageing
Schedule 1
TEN YEAR FORWARD PLAN FOR ALL CERTIFIED RESIDENTIAL AGED CARE SERVICES
Since 1999, for residential aged care services to be certified they must achieve a score of at least 19/25 for Section 1 (Safety) and a score of 60/100 overall as measured by the 1999 Certification Assessment Instrument.
Residential aged care services are also required to meet the targets set within the ten year forward plan for certification as agreed between the stakeholders of the aged care sector including approved providers and the Australian Government.
With all buildings and building works, Approved Providers are, irrespective of certification, required to meet the requirements of relevant building authorities, including State/Territory legislation, and any applicable provisions of the Building Code of Australia.
The ten year forward plan identifies targets for fire and safety to be met by 2003 and for privacy and space to be met by 2008.
Fire and Safety Targets
To meet the fire and safety targets a service must achieve a mandatory score of at least 19/25 for Section 1 of the 1999 Certification Assessment Instrument.
Privacy and space targets
The privacy and space requirements for residential aged care buildings relate to the number of residents per room, and access to showers and toilets. The privacy and space requirements differ for buildings constructed after the introduction of the 1999 Instrument in July 1999 (new buildings) and buildings constructed prior to that date (existing buildings).
In meeting the requirements for the provision of toilet and bathing facilities, an Approved Provider must demonstrate that the distribution of these facilities across the service ensures an equitable access by all residents. This expectation applies to both ‘new’ and ‘existing’ residential aged care services.
New buildings
For new buildings there is to be an average for the whole residential aged care service of no more than 1.5 residents per room.
No individual room may accommodate more than 2 residents.
There is also a mandatory standard of no more than three residents per toilet, including those off common areas, and no more than four residents per shower or bath. Staff toilets and showers will not be counted when these averages are calculated.
Existing buildings
There is a requirement for a maximum of four residents in any room by 31 December 2008. It is expected however, that the aged care sector strive to meet the optimal targets of a maximum of two residents per room by this time.
There is also a mandatory standard of a maximum of six residents per toilet, including those off common areas, and a maximum of seven residents per shower.
Culturally appropriate care
Exceptions may be approved where the approved provider can make a case to the Department of Health and Ageing that a higher number of residents per room is culturally appropriate on an ongoing basis.
Overview
The Aged Care (Consequential Provisions) Act 1997 was enacted to address the need for additional payments to residential care providers in recognition of their efforts to improve and maintain building and fire protection standards in line with approved benchmarks. Julie Bishop, the Minister for Ageing, issued the legislative instrument specifying this additional payment on 17 June 2004, under subsection 60(1) of the Act. The policy objective outlined in the instrument is to provide financial incentives to approved residential care providers who are meeting or exceeding the specified standards as outlined in the ‘Ten Year Forward Plan for all Certified Residential Aged Care Services’. This plan, issued by the Department of Health and Ageing in June 2004, sets out specific targets for fire safety, privacy, and space in residential aged care facilities, with an additional payment of $3,500 per care recipient to be made based on the number of care recipients either on 31 March 2004 or the daily average during the payment period ending 30 April 2004, whichever is greater.
Scope and Application
The Aged Care (Consequential Provisions) Act 1997, as specified by the Minister for Ageing, Julie Bishop, mandates an additional payment for residential care services where a residential care subsidy is payable under the Aged Care Act 1997. This additional payment recognises the efforts of approved providers in improving or maintaining their services to meet approved building and fire protection standards, as outlined in the 'Ten Year Forward Plan for all Certified Residential Aged Care Services' issued by the Department of Health and Ageing in June 2004. The Act applies to approved providers of residential care services who are improving or maintaining their services to meet the specified standards. The payment amount is $3,500 per care recipient, calculated based on the greater of the number of care recipients on 31 March 2004 or the daily average number of care recipients during the payment period ending on 30 April 2004, for whom residential care subsidy was payable. The jurisdictional reach of this Act is at the Commonwealth level, impacting approved providers across Australia who are involved in providing residential care services to the aged. There are no stated exclusions or exemptions within the text, but the Act does extend its application through the subordinate instrument detailing the 'Ten Year Forward Plan for all Certified Residential Aged Care Services'.
Key Provisions
The key operative sections of the legislation specify an additional payment for residential care services in recognition of meeting building and fire protection standards. This additional payment is to be made to approved providers of residential care services who are working to meet the standards approved by the Minister, as outlined in the ‘Ten Year Forward Plan for all Certified Residential Aged Care Services’ (section 1(1)). This plan, issued by the Department of Health and Ageing in June 2004, includes specific targets for fire and safety, as well as privacy and space within residential aged care buildings (Schedule 1). The additional payment is set at $3,500 for each care recipient, calculated based on the number of care recipients on 31 March 2004 or the daily average number during the payment period ending on 30 April 2004, whichever is greater (section 1(3)).
The Act imposes several obligations on the parties it governs. Approved providers of residential care services must ensure they are improving or maintaining their services to meet the building and fire protection standards as specified in the Ten Year Forward Plan (section 1(1)). This includes achieving specific certification scores and targets for safety, privacy, and space. For new buildings, the standard requires no more than 1.5 residents per room and no more than three residents per toilet (Schedule 1). For existing buildings, the goal is to have a maximum of four residents per room by 31 December 2008, with an aspiration towards two residents per room (Schedule 1). Additionally, the Act allows for exceptions where a higher number of residents per room may be deemed culturally appropriate, subject to approval from the Department of Health and Ageing (Schedule 1).
In terms of penalties and consequences for non-compliance, the legislation does not explicitly outline specific sanctions within the text provided. However, the failure to meet the standards set out in the Ten Year Forward Plan could potentially result in a lack of certification or recertification of residential aged care services, impacting the provider’s ability to operate legally and receive subsidies. Furthermore, not adhering to the building and fire protection standards could lead to legal action from the government or residents, as well as potential civil liabilities arising from breaches of safety and care obligations. The absence of specific penalties in the text suggests that broader legal and regulatory frameworks may apply in cases of non-compliance.