User Rights Amendment (Home Care Pricing) Principles 2018 (Cth)

User Rights Amendment (Home Care Pricing) Principles 2018

I, Ken Wyatt AM, Minister for Aged Care, make the following principles.

Dated   22 August 2018

Ken Wyatt AM

Minister for Aged Care

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments  2

User Rights Principles 2014  2

1  Name

This instrument is the User Rights Amendment (Home Care Pricing) Principles 2018.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.	30 August 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under the Aged Care Act 1997.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

User Rights Principles 2014

1  After the heading to section 4

Insert:

Note:          A number of expressions used in these principles are defined in the Act, including the following:

(a)    continuing home care recipient;

(b)    continuing residential care recipient;

(c)    home care agreement;

(d)    personal information;

(e)    resident agreement.

2  Section 4 (note)

Repeal the note.

3  After paragraph 16(1)(c)

Insert:

(ca)  the information the provider must give the Secretary about the cost of providing care and services (see paragraph 56‑2(l) of the Act);

4  After Division 2 of Part 3

Insert:

Division 2A—Responsibilities of approved providers of home care—provision of pricing information to Secretary

19A  Pricing information to be given to Secretary

(1)  An approved provider of a home care service must give to the Secretary, for publication by the Secretary, a written notice of information about the cost of providing the care and services that the approved provider provides, or is to provide, to care recipients to whom the approved provider provides, or is to provide, home care.

(2)  The notice must be given in a form approved, in writing, by the Secretary.

(3)  The notice must be given to the Secretary:

(a)  for a person or body who is an approved provider of a home care service on the day before this section commences—before the end of 30 November 2018; and

(b)  for a person or body who becomes an approved provider of a home care service on or after the day this section commences but before the end of 30 November 2018—before the later of the following:

(i)  the end of 30 November 2018;

(ii)  offering to enter into a home care agreement with a care recipient; and

(c)  for a person or body who becomes an approved provider of a home care service after 30 November 2018—before offering to enter into a home care agreement with a care recipient.

5  Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Division 3—Responsibilities of approved providers of home care—provision of information to care recipients