Amends the: Aged Care Act 1997 to: enable the secretary to conduct residential care data assurance reviews; and clarify the maximum accommodation payment that may apply for voluntary moves within a residential aged care service; and Aged Care Act 1997 and Aged Care (Transitional Provisions) Act 1997 to: enable refundable deposit balance information held by approved providers to be used to verify care recipients’ income and asset details; enable an income and assets determination to be varied; and align income and assets determination processes.
From the bill digest:
The Aged Care Legislation Amendment Bill 2024 (the Bill) will amend the Aged Care Act 1997 and the Aged Care (Transitional Provisions) Act 1997 to:
- enable the Secretary of the Department of Health and Aged Care (DoHAC) to conduct residential care data assurance reviews
- allow for income and asset determinations to be varied or revoked and
- clarify the maximum accommodation payment that may apply for voluntary moves within a residential aged-care service.
- A key purpose of the Bill is to respond to potential breaches of section 83 of the Constitution, which have arisen in cases where the DoHAC has overpaid residential care subsidies as a result of changes in recipients’ circumstances or incomplete information.
In other words, it's giving powers to improve data quality on recipients of residential care subsidies, in response to the findings of a report by the Australian National Audit Office in December 2023.
The Aged Care Legislation Amendment Bill 2024 should be supported because it enhances transparency and accountability in the aged care sector, ensuring that financial information is current and reliable. This aligns with democratic values by promoting informed decision-making and oversight. By ensuring accurate income and asset assessments, the bill promotes equality in the allocation of care costs, ensuring that individuals contribute fairly to their care without discrimination based on outdated financial information [Judgment]. Additionally, the provision for better data management supports improved policy development and education, ultimately leading to higher quality care for the elderly.
The Aged Care Legislation Amendment Bill 2024 should be opposed because it might impose additional administrative burdens on care providers, potentially leading to increased operational costs and affecting the financial stability of smaller providers [Judgment]. The civil penalties for non-compliance with data requests could also be viewed as excessive, potentially deterring providers from participating in the aged care system. Furthermore, the increased oversight might infringe on the autonomy of care providers, restricting their ability to manage their operations independently.
2024-10-10
House of Representatives
Before Senate
Unspecified
Health and Aged Care
Healthcare, Social Support / Welfare, Consumer Protection