Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH ACT 1953 (AMENDMENT) REGULATIONS 1993 NO. 274

STATUTORY RULES 1993 No. 274

Issued by Authority of the Minister for Housing, Local Government and Community Services

National Health Act 1953

National Health Regulations (Amendment)

National Health Act 1953 (Amendment) Regulations

Subsection 140(1) of the National Health Act 1953 (the Act) enables the Governor-General to make regulations, prescribing all matters which by the Act are required or permitted to be prescribed.

A number of government nursing homes in Victoria are to be prescribed as adjusted fee government nursing homes for the purposes of section 4AAAA of the Act.

Currently, proprietors of government nursing homes receive a fixed rate of benefit for each nursing home patient. The rate of benefit paid in respect of such patients has been frozen since 1985. The Government has announced its intention that government nursing homes be brought into the care aggregated module (CAM) funding system which applies to privately operated and adjusted fee government nursing homes. The CAM funding system will result in higher levels of benefit being paid to the proprietors of nursing homes that become adjusted fee government nursing homes. In order for existing government nursing homes to become adjusted fee government nursing homes and thereby be brought into the CAM funding system, they must be prescribed as adjusted fee government nursing homes for the purposes of section 4AAAA of the Act.

It is proposed that groups of government nursing homes throughout Australia will be progressively prescribed as adjusted fee government nursing homes for the purpose of the Act. On 1 May 1993, the first group of government nursing homes in Victoria became adjusted fee government nursing homes. This was followed by a second group of nursing homes in Victoria on 1 June 1993 and the third group in Victoria, South Australia and Tasmania on 1 July 1993.

The purpose of proposed National Health Regulations (Amendment) is to prescribe a fourth group of government nursing homes, all in Victoria, as adjusted fee government nursing homes with effect from 1 November 1993. A list of the nursing homes prescribed is set out in the Attachment. The proposed regulations also omit the current Schedule 5 (list of adjusted fee government nursing homes) and substitute a new Schedule 5 which consolidates the list of all adjusted fee government nursing homes according to the State in which the nursing homes are situated.

The purpose of the proposed National Health Act 1953 (Amendment) Regulations is to omit items 1-11 of Schedule 3 to the Act. Schedule 3 currently lists a number of nursing homes which are adjusted fee government nursing homes. By virtue of subsection 4AAAA(2) of the Act, the regulations may amend Schedule 3 by omitting any item in the Schedule. In omitting items 1-11 of Schedule 3, the proposed National Health Act 1953 (Amendment) Regulations delete all adjusted fee government nursing homes from that Schedule. This deletion is necessary as the proposed National Health Regulations (Amendment) will consolidate the listing of all adjusted fee government nursing homes in the National Health Regulations, including those previously listed in Schedule 3 to the Act.

The consolidated listing includes new names of nursing homes where these have changed and omits one home previously listed on Schedule 3 as this home is to combine with another adjusted fee government nursing home from 1 November 1993.

ATTACHMENT

Name & Address of Nursing Home                 Raechel Willson House Thirteenth Street MILDURA VIC 3500 Fisher House Thirteenth Street MILDURA VIC 3500 Reg Geary House Pinnacle Crescent MELTON VIC 3337 Cyril Jewell House Hassett Crescent KEILOR VIC 3036 Boyne Russell House 184-186 Victoria Street BRUNSWICK VIC 3056 Creswick District Nursing Home Napier Street CRESWICK VIC 3363

Approval No.        4457 S 4458 S 4464 S 4465 S 4466 S 4467 S