Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1995 NO. 410

STATUTORY RULES 1995 No. 410

Issued by Authority of the Minister for Human Services and Health

National Health Act 1953

National Health Regulations (Amendment)

Subsection 140(1) of the National Health Act 1953 (the Act) provides that the GovernorGeneral may make regulations, prescribing all matters which by the Act are required or permitted to be prescribed.

Currently, proprietors of government nursing homes receive a fixed rate of benefit for each nursing home resident. The rate of benefit paid in respect of such residents has been frozen since 1985. In the 1992 Federal Budget, the Government announced its intention that government nursing homes be brought into the care aggregated module (CAM) and the modified standard aggregated module (SAM) funding system which applies only to adjusted fee government nursing homes. The CAM/modified SAM 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/modified SAM funding system, they must be prescribed as adjusted fee government nursing homes for the purposes of section 4AAAA of the Act.

A number of government nursing homes have previously been prescribed by regulation as adjusted fee government nursing homes for the purposes of section 4AAAA of the Act. This amended regulation prescribes the remaining state government nursing homes in New South Wales as adjusted fee government nursing homes. In addition, four state government nursing homes in Queensland will also be prescribed.

The regulations will commence on 1 December 1995 in respect of the homes in New South Wales and 1 January 1996 in respect of the homes in Queensland. The dates of effect in each case are those requested by the State Government, and have no detrimental effect.