Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1994 NO. 451

STATUTORY RULES 1994 No. 451

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 Governor-General may make regulations, prescribing all matters which by the Act are required or permitted to be prescribed.

Between 1 May 1993 and 1 November 1994, a number of nursing homes have been prescribed by regulation 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. In the 1992 Federal Budget, the Government announced its intention that government nursing homes be brought into the care aggregated module (CAM) and modified standard aggregate 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.

Groups of government nursing homes throughout Australia have been progressively prescribed as adjusted fee government nursing homes for the purpose of the Act and the transfer of homes in Victoria, and the ACT has now been completed, and South Australia and Tasmania largely completed.

The amendments to the Regulations are attached. The amendments relating to Tasmania and South Australia commenced on 1 January 1995. The amendments relating to NSW commenced on 1 February 1995. This date was set to provide sufficient time for staff in these homes to undertake training in the new arrangements.

1. Amendment to the Regulations that commenced on 1 January 1995

These Regulations prescribed Strathaven Nursing Home in Tasmania as an adjusted fee government nursing home. This home is a non-government nursing home which has purchased nine beds from an adjusted fee government nursing home. This portion of the home was prescribed as an adjusted fee government nursing home for accountability purposes.

In addition, the Regulations have changed the name of Camellia Nursing Home in Tasmania to Rosary Gardens Nursing Home and the name of Windana Nursing Home in South Australia to St Basil's Glandore Nursing Home. These name changes were necessary for accountability purposes as these homes have recently been sold to private proprietors.

The Regulations commenced on 1 January 1995.

2. Amendment to the Regulations that commenced on 1 February 1995

The transfer of homes in New South Wales to the new funding arrangements commenced on 1 November 1994. The purpose of this National Health Regulations (Amendment) is to prescribe an additional four government nursing homes in New South Wales as adjusted fee government nursing homes as from 1 February 1995. The names of the homes are attached.

Schedule 5 of the Regulations now consolidates the list of adjusted fee government nursing homes.

The Regulations commenced on 1 February 1995.

Attachment A

Name and Address of the Nursing Home           From 1 January 1995 Tasmania Strathaven Homes for the Aged 899 Brooker Avenue Berriedale Tasmania 7011 Rosary Gardens Nursing Home St John's Park St John's Avenue New Town Tasmania 7008 South Australia St Basil's Glandore Nursing Home 56 Pleasant Avenue Glandore South Australia 5037 From 1 February 1995 NSW Cessnock House Foster Street Cessnock NSW 2325 Kurri Kurri Nursing Home Lang Street Kurri Kurri NSW 2327 St Joseph's Nursing Home Dalley Street Lismore NSW 2480 Wallsend District Nursing Home Longworth Avenue Wallsend NSW 2287

Approval No. 8420S 8416S 6409S 1479S 1481S 1494S 1500S