Aged Care Act 1997 Determination under subsection 14-6 (1) (ACA Ch. 2 No. 1/2006) (Cth)

ACA Ch 2 No 1/2006

Aged Care Act 1997

Determination under subsection 14-6 (1)

I, Peter Broadhead, delegate of the Secretary to the Department of Health and Ageing, acting under subsection 14-6(1) of the Aged Care Act 1997 (the Act), determine that the following conditions apply to allocations of places of a specified kind as set out below.

Conditions relating to flexible care places for disability ageing in place services

In respect of each place that is a flexible care place within the meaning of section 49-3 of the Act for the provision of the kind of care specified in paragraph 15.24(1)(d) of the Flexible Care Subsidy Principles in relation to the provision of aged care for people with disabilities who are ageing and who are living in state or territory government funded disability supported accommodation, the conditions listed in Attachment 1 apply.

The conditions in this determination apply in place of any conditions previously determined under subsection 14-6(1) or subsection 14-5(1) of the Act in respect of each place allocated for the provision of aged care for people with disabilities who are ageing of the type specified in the preceding paragraph.

The conditions in this determination apply to allocations that occurred before or after the determination is made.

Note: This is consistent with subsection 14-6(3) of the Act.

Commencement

This determination takes effect from the day next following the day when it is registered. However, in respect of places allocated to approved providers of aged care listed in Attachment 1 Item L, this determination takes effect from the day specified for each provider.

Dated:  19 July 2006

Peter Broadhead

Assistant Secretary

Policy and Evaluation Branch

Delegate of the Secretary to the Department of Health and Ageing

Position Number 01202450

ATTACHMENT 1

Conditions of Allocation

Item

A.     These places are allocated for use only by eligible care recipients approved by the Commonwealth Department of Health and Ageing (the Department) and only for as long as they continue to reside in state or territory government funded disability supported accommodation. Eligible care recipients are those individuals who were receiving services under the Aged Care Innovative Pool Disability Aged Care pilot program as at 25 May 2006.

B.     The care in respect of these places is to enable care recipients to live in state or territory government funded disability supported accommodation as they age for as long as this is the most appropriate form of care, rather than entering a residential aged care facility.  The care and services provided must be responsive to the needs of individual care recipients and include case management and coordination and the development of appropriate individual care plans.  Care services must include all necessary personal care and nursing services, over and above those that are provided in respect of the person’s original disability.

C.     The approved provider of aged care to whom these places are allocated must demonstrate a commitment to continuous improvement through participation in an externally recognised quality improvement cycle.  The approved provider must be quality focussed and adequately address safety and security issues in relation to the delivery of care and services to care recipients.

D.     The approved provider must notify the Department without delay if immediate and serious health and safety risks to care recipients have been identified.  In such cases, the approved provider must take appropriate and swift remedial action in consultation with the Department.

E.   The approved provider must inform care recipients, their families, advocates and/or guardians of the details of the care and services provided through these flexible care places and, in particular, make them aware of the implications of leaving state or territory government funded disability supported accommodation should this become a possibility.

F.   The Department will provide a flexible care subsidy per place per day if the Secretary of the Department is satisfied that, during that day, the approved provider provides flexible care as described in Item B to a care recipient described in Item A.  A flexible care subsidy will also be provided where the care recipient is on authorised leave as described in Item K.

G.     The rate of flexible care subsidy will be in accordance with relevant determinations made from time to time by the Commonwealth Minister for Ageing under the Aged Care Act 1997.

H.     The approved provider must direct the full amount of the flexible care subsidy to meet the needs of care recipients described in clause A.

I.    The approved provider must provide relevant information as specified by the Department from time to time to allow the Department to effect payment of subsidy to the approved provider.

J.   The approved provider must participate in research concerning people with disabilities who are ageing, as specified by the Department from time to time, and provide relevant associated data and information as requested by the Department.

K.    A care recipient may be absent from their state or territory government funded disability supported accommodation during periods of authorised leave.  To be counted as a day of leave, the absence must include an overnight period.  For each day a care recipient is on authorised leave, the approved provider will receive a flexible care subsidy as though the resident was actually receiving care.  All the obligations of approved provider, including security of tenure for the care recipient’s place, will still apply during such periods.

In counting days of leave, the day the care recipient left their supported accommodation should be included but the date of return should not be included.  Subsidy is not payable for the day on which a care recipient permanently leaves their state or territory government funded disability supported accommodation.  Neither is an approved provider eligible to receive subsidy if another approved provider is being paid for providing care to the care recipient on the same day.

A care recipient can take unlimited days of authorised leave for the purpose of receiving hospital treatment.  Where a care recipient is on hospital leave for a continuous period of 30 days or more, the subsidy will be suspended until the day following the care recipient’s return to their state or territory government funded disability supported accommodation.

A care recipient may take up to 52 days per financial year of authorised leave in the form of social leave.  Once the 52 days has been exceeded, payment of the subsidy will be suspended until the day following the care recipient’s return to their state or territory government funded disability supported accommodation.

Commencement

L.   In respect of places allocated to approved providers listed in the table below, the date of effect of this determination is as specified for each provider.

Table

Approved Provider	Date of effect
Multiple Sclerosis Society of Victoria	1 September 2006
Helping Hand Aged Care Inc	1 September 2006
Renmark Paringa District Hospital Inc	1 September 2006
Senses Foundation (Incorporated)	1 September 2006
Oakdale Services Tasmania	1 September 2006
The Uniting Church in Australia Property Trust (NSW) - Orange	1 November 2006
New Horizons Enterprises Limited	1 November 2006
Clarence Valley Council	26 November 2006
The Uniting Church in Australia Property Trust (NSW) – Cumberland Prospect	1 December 2007