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Aged Care Amendment (2005 Measures No. 1) Bill 2006

Schedule 1 Flexible care

   

Aged Care Act 1997

1  Paragraph 56-3(a)

Repeal the paragraph, substitute:

                     (a)  to comply with the requirements of Division 57, and the User Rights Principles, in relation to any * accommodation bond charged for the care recipient’s * entry to the flexible care service through which the care is, or is to be, provided;

                    (aa)  to comply with the requirements of the User Rights Principles in relation to any * accommodation charge charged for the care recipient’s entry to the flexible care service through which the care is, or is to be, provided;

2  Section 57-1

After “residential care service”, insert “or flexible care service”.

3  Subsection 57-2(1)

After “residential care service” (first occurring), insert “, or flexible care service,”.

4  Subparagraph 57-2(1)(aa)(i)

Omit “the person”, substitute “if the accommodation bond is charged for the entry of the care recipient to a residential care service—the care recipient”.

5  At the end of paragraph 57-2(1)(aa)

Add:

                            (iv)  if the accommodation bond is charged for the entry of the care recipient to a flexible care service—the care recipient requires a level of care that corresponds to a * low level of residential care provided through a residential care service;

6  Paragraph 57-2(1)(a)

Before “the residential care service”, insert “if the accommodation bond is charged for the entry of the care recipient to a residential care service—”.

7  Paragraph 57-2(1)(c)

After “residential care service”, insert “or flexible care service”.

8  Paragraph 57-2(1)(f)

After “residential care service”, insert “or flexible care service”.

9  Paragraph 57-2(1)(k)

Before “the approved provider”, insert “if the accommodation bond is charged for the entry of the care recipient to a residential care service—”.

10  After paragraph 57-2(1)(k)

Insert:

                   (ka)  if the accommodation bond is charged for the entry of the care recipient to a flexible care service—the approved provider must not use the accommodation bond for a purpose that is not related to providing flexible care to care recipients, or that does not comply with the prudential requirements (see section 57-3);

11  Paragraph 57-2(1)(n)

Before “the approved provider”, insert “if the accommodation bond is charged for the entry of the care recipient to a residential care service—”.

12  After paragraph 57-2(1)(n)

Insert:

                   (na)  if the accommodation bond is charged for the entry of the care recipient to a flexible care service—the approved provider must use the income derived from the accommodation bond and the retention amount to improve the quality and range of flexible care services;

13  Subsection 57-9(1)

After “residential care service” (first occurring), insert “, or flexible care service,”.

14  Paragraph 57-9(1)(a)

After “residential care service” (wherever occurring), insert “or flexible care service”.

15  Paragraph 57-9(1)(b)

After “residential care service”, insert “or flexible care service”.

16  Paragraph 57-9(1)(g)

After “residential care service” (wherever occurring), insert “or flexible care service”.

17  Paragraph 57-9(1)(h)

After “residential care service”, insert “or flexible care service”.

18  Subsection 57-12(1)

After “residential care service” (first occurring), insert “or flexible care service”.

19  Paragraph 57-12(1)(b)

After “residential care service”, insert “or flexible care service”.

20  Paragraph 57-12(2)(a)

After “residential care service”, insert “, or flexible care service,”.

21  Subsection 57-12(2)

After “residential care service” (second occurring), insert “or flexible care service”.

22  Paragraph 57-12(3)(a)

After “residential care service”, insert “or flexible care service”.

23  Paragraph 57-12(5)(a)

After “residential care service”, insert “or flexible care service”.

24  Subsection 57-12(5) (table item 1)

After “residential care service”, insert “or flexible care service”.

25  Paragraph 57-13(a)

Omit “a residential care service (the original service )”, substitute “an aged care service (the original service ) that is a residential care service or a flexible care service”.

Note:       The heading to section 57-13 is altered by omitting “ residential ” and substituting “ certain aged ”.

26  Paragraph 57-13(b)

After “residential care”, insert “, or flexible care,”.

27  Paragraph 57-13(c)

Omit “residential care service”, substitute “aged care service that is a residential care service or a flexible care service”.

28  Subsection 57-15(2)

After “residential care”, insert “or flexible care”.

29  At the end of subsection 57-16(1)

Add “or flexible care service”.

30  Subsection 57-16(2)

Omit “If”, substitute “If the care recipient has entered a residential care service and”.

31  Subsection 57-16(2) (note 1)

Repeal the note, substitute:

Note 1:       However, under sections 57-18 and 57-20, amounts representing income derived and retention amounts are payable from:

(a)           the date a care recipient * enters a residential care service that is * certified or a flexible care service; or

(b)           the date on which a residential care service is certified, if it was not certified at the time a care recipient entered it.

32  Subsection 57-16(2) (note 2)

Repeal the note, substitute:

Note 2:       Paragraph 57-2(1)(e) in most cases requires the * accommodation bond agreement to have been entered into before, or within 21 days after, the care recipient’s * entry to the service—this applies even if the care recipient has entered a residential care service that was not * certified at the time of the care recipient’s entry to the service.

33  Paragraph 57-18(3)(a)

After “residential care service”, insert “or flexible care service”.

34  Subsection 57-18(6) (definition of due date )

Repeal the definition, substitute:

due date means:

                     (a)  in relation to an * accommodation bond payable by a care recipient for * entry to a residential care service—whichever of the following days is applicable:

                              (i)  the day on which the care recipient entered the residential care service;

                             (ii)  if the residential care service was not * certified on that day—the day on which the residential care service was certified; or

                     (b)  in relation to an accommodation bond payable by a care recipient for entry to a flexible care service—the day on which the care recipient entered the flexible care service.

35  Subsection 57-20(3)

Repeal the subsection, substitute:

             (3)  Subject to subsections (4) and (5), a retention amount may be deducted from an * accommodation bond balance for each month, or part of a month, during which the care recipient concerned is:

                     (a)  provided with residential care through the residential care service in respect of which the * accommodation bond was paid; or

                     (b)  provided with flexible care through the flexible care service in respect of which the accommodation bond was paid.

36  Paragraph 57-20(4)(a)

After “residential care service”, insert “or flexible care service”.

37  Paragraph 57-20(4)(b)

After “if the service”, insert “is a residential care service and”.

38  Subsection 57-20(5) (note)

After “residential care”, insert “or flexible care”.

39  Paragraph 57-20(6)(a)

After “residential care service”, insert “or flexible care service”.

40  Subsection 57-21(1)

After “residential care service” (first occurring), insert “or flexible care service”.

41  Paragraph 57-21(1)(b)

Repeal the paragraph, substitute:

                     (b)  the care recipient ceases to be provided with:

                              (i)  residential care by a residential care service conducted by the approved provider (other than because the care recipient is on * leave); or

                             (ii)  flexible care provided in a residential setting by a flexible care service conducted by the approved provider; or

42  Paragraph 57-21(1)(c)

Before “the”, insert “in respect of an accommodation bond paid for the entry to a residential care service—”.

43  Paragraph 57-21(3)(a)

Omit “residential care service”, substitute “service to receive residential care”.

44  Subsection 57-22(1)

After “ * leave)”, insert “, or ceases to be provided with flexible care by a flexible care service”.

45  Subparagraph 57-22(1)(a)(ii)

Omit “the care recipient”, substitute “in a case where the service is a residential care service—the care recipient”.

46  Subparagraph 57-22(2)(a)(i)

After “residential care”, insert “or flexible care (as applicable)”.

47  Paragraph 57-23(1)(a)

Omit “a residential care service (the original service )”, substitute “an aged care service (the original service ) that is a residential care service or a flexible care service”.

48  Paragraph 57-23(1)(b)

After “residential care”, insert “or flexible care”.

49  Paragraph 57-23(1)(c)

Omit “residential care service (the later service )”, substitute “aged care service (the later service ) that is a residential care service or a flexible care service and”.

50  Paragraph 66-1(j)

Repeal the paragraph, substitute:

                      (j)  prohibiting the charging of * accommodation bonds, or the accrual of * accommodation charges, for the * entry of care recipients to:

                              (i)  one or more specified residential care services; or

                             (ii)  all residential care services; or

                            (iii)  one or more specified flexible care services; or

                            (iv)  all flexible care services;

                            conducted by the approved provider;