Aged Care (Amount of flexible care subsidy - multi-purpose services) Determination 2009 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L02387 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued under the authority of the Minister for Ageing

 

Aged Care Act 1997

 

Determination under Subsection 52-1(1)

Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 1)

 

Subsection 52-1(1) of the Aged Care Act 1997 (the Act) provides that the Minister for Ageing may determine, by legislative instrument, the amount of the flexible care subsidy or a method that must be used to work out the amount of flexible care subsidy. 

 

In accordance with paragraph 52-1(1)(b) of the Act, the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination (the Determination) specifies the method for working out the amount of flexible care subsidy payable to a multi-purpose service (MPS) under section 51-1 of the Act.

 

The Determination applies from 1 July 2009 and, from that date, revokes the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2008 (ACA Ch. 3 No. 21/2008). 

 

An MPS is a flexible care service in rural locations that delivers a number of different forms of aged care, health care and community care.  An MPS is not funded on the same basis as a residential service under the Act.  An MPS is funded on a ‘cashed-out’ basis, that is, allocated places are deemed to be occupied for the purposes of funding.

 

The Determination provides for the total amount of flexible care subsidy payable for an MPS for a day.  This total amount comprises the amount payable for a day in respect of the MPS’s high, low and community care places, and the respite supplement equivalent amount.

 

The amount of subsidy payable to an MPS for high care places is based on:

 

  • a basic subsidy equivalent amount, which is a proportion of Residential Classification Scale RCS3 (currently 98 per cent) with a 7 per cent loading for the Conditional Adjustment Payment;
  • a concessional resident equivalent amount (regional rates apply);
  • a viability supplement equivalent amount, which is based on a proportion (currently 96 per cent) of the viability supplement payable for residential aged care; and
  • an adjusted subsidy reduction amount (where appropriate), which is based on a proportion (currently 98 per cent) of the adjusted subsidy reduction for residential care.

 

The amount of subsidy payable to MPS for low care places is based on:

 

  • a basic subsidy equivalent amount, which is a proportion of Residential Classification Scale RCS7 (currently 94 per cent) with a 7 per cent loading for the Conditional Adjustment Payment;
  • a concessional resident equivalent amount (regional rates apply); and
  • a viability supplement equivalent amount, which is based on a proportion (currently 96 per cent) of the viability supplement payable for residential aged care.

 

The amount of subsidy payable to MPS in respect of community care places is based on a proportion of the Community Care subsidy (currently 94 per cent). 

 

Section 13 provides for an additional daily amount of community care subsidy to be paid in respect of each community care place allocated to an MPS under the Act if the MPS is in a rural or remote location that has an Accessibility/Remoteness Index of Australia (ARIA) score of more than 3.51.  The Department of Health and Ageing will verify the location of an MPS by reference to the postcode of the suburb or town in which the MPS is located.  Subsection 7(2) of the Determination provides that a moderately accessible location, a remote location and a very remote location (as those terms are defined in the Determination) all have an ARIA score of more than 3.51. 

 

Under the ARIA, each suburb and town in Australia is allocated an ARIA score based on its accessibility and remoteness. ARIA scores for all Australian locations are contained in the document entitled Viability Funding — ARIA scores for locations as at 30 July 1999, published by the Department of Health and Ageing.

 

The additional amount of community care subsidy, if any, payable to an MPS for a day in respect of a community care place is set out in the table in section 13 of the Determination.  The more remote the MPS’s location, the higher the MPS’s ARIA score and the higher the additional amount of community care subsidy payable to the MPS.  This approach reflects the higher costs involved in operating an MPS in rural and remote areas, including the higher costs associated with attracting and retaining staff.  If the ARIA score for an MPS that provides community care is less than 3.52 no additional daily amount of community care subsidy is payable in respect of the MPS.

 

Consultation

 

As the indexation of the subsidy uses well established formula based on the Consumer Price Index and the Wage Cost Index 9, and is in accordance with policy upon which extensive consultation was undertaken, no specific consultation was undertaken with respect to this instrument.

 

Information about the increase in the amount of the subsidy will be disseminated via print and electronic media to approved providers.

 


ATTACHMENT

 

NOTES ON CLAUSES

 

Part 1 – Preliminary

 

Clause 1 provides that the title of the determination is the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No.1).

 

Clause 2 provides that the determination will commence on 1 July 2009.

 

Clause 3 revokes the previous determination Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2008 (ACA Ch.3 No21/2008 and F2008L02238).

 

Clause 4 makes clear that this determination applies only to flexible care services that are multi-purpose services. 

 

Clause 5 defines certain types of services and categories of service, types of care places, a type of locality classification, and a payment rate.

 

Clauses 6, 7 and 8 set out the criteria for Category A, B and C services.  These criteria relate to location and the volume of beds or places.  Whether or not a multi-purpose service meets the prescribed requirements is based on a points system.

 

The criteria for a Category A service includes criteria in respect of the inability of the multi-purpose service to co-locate with another service, and the types of residents (i.e. whether they are supported, concessional or assisted residents). 

 

The criteria for a Category B or C service include a criterion in respect of the volume of special needs care recipients

 

Clauses 6, 7 and 8 each defines terms that are specific to that clause.

 

Part 2 – Amount of flexible care subsidy

 

Clause 9 sets out a formula for calculating the amount of flexible care subsidy that is payable in respect of a day.

 

Clause 10 sets out the formulae for calculating the amount of flexible care subsidy that is payable in respect of a day for a high care place, for particular types of multi-purpose service.

 

Clause 11 sets out the formula for calculating the amount of flexible care subsidy that is payable in respect of a day for a low care place.

 

Clause 12 provides a table which specifies the amount of respite supplement equivalent amount in respect of a day for the total number of high care and low care allocated.

 

Clause 13 provides a table which specifies the amount of community care subsidy in respect of a day depending on the Accessibility/Remoteness Index of Australia.

Schedule 2 – Concessional resident equivalent amounts

This schedule is provided for the purpose of clauses 10 and 11 of this determination.  The table specifies the concessional resident equivalent amounts in respect of 65 locations.  These amounts are used in calculating applicable amounts for high and low care places.

 

Schedule 3 – Adjusted subsidy reduction multi-purpose services

This schedule is provided for the purpose of clauses 5 and 10 of this determination.  The table specifies the adjusted subsidy reduction factor in respect of 21 multi-purpose service.  These factors are used in calculating applicable amounts for high care places, and in defining an adjusted subsidy reduction multi-purpose service.

 

Schedule 4Viability supplement equivalent amounts

This schedule is provided for the purpose of clauses 5, 6, 7 and 8 of this determination. 

 

Clause 1 of Schedule 4

This clause provides a table that specifies the viability supplement equivalent amounts in respect of 10 degrees of isolation.  These amounts are used for determining whether a multi-purpose service is a Category A service, and in defining a viability supplement equivalent amount.  This clause also defines terms that are used in the table.

 

Clause 2 of Schedule 4

This clause provides a table that specifies the viability supplement equivalent amounts in respect of a range of scores.  These amounts are used for determining whether a multi-purpose service is a Category B service, and in defining a viability supplement equivalent amount. 

 

Clause 3 of Schedule 4

This clause provides a table that specifies the viability supplement equivalent amounts in respect of a range of scores.  These amounts are used for determining whether a multi-purpose service is a Category C service, and in defining a viability supplement equivalent amount. 

Overview

The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 1) was enacted under the Aged Care Act 1997, providing a legislative instrument that specifies the method for calculating the amount of the flexible care subsidy payable to multi-purpose services (MPS) under section 51-1 of the Act. This Determination was introduced to address the need for a clear and consistent method for calculating subsidies for flexible care services that deliver aged care, health care, and community care in rural areas. The policy objective is to ensure adequate funding for MPS, which are not funded on the same basis as residential services but rather on a 'cashed-out' basis, deeming allocated places to be occupied for funding purposes. The Determination, which applies from 1 July 2009, revokes the previous 2008 Determination and details the methodology for calculating subsidies based on various factors, including the type of care place and the remoteness of the service location, as measured by the Accessibility/Remoteness Index of Australia (ARIA).

Scope and Application

The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 applies to multi-purpose services (MPS) that provide flexible aged care services in rural locations. These services include a range of aged care, health care, and community care, and are funded on a 'cashed-out' basis, meaning allocated places are deemed to be occupied for the purposes of funding. The Determination specifies the method for calculating the amount of flexible care subsidy payable to an MPS for a day, taking into account the type of care places (high care, low care, and community care) and the location's Accessibility/Remoteness Index of Australia (ARIA) score. The amount of subsidy is determined using various formulae, including proportions of the Residential Classification Scale and Community Care subsidy, along with adjustments for viability supplements and concessional resident equivalent amounts. The Determination also includes tables and schedules that provide specific amounts and rates used in the calculations. It commenced on 1 July 2009, revoking the previous 2008 determination, and applies nationally across Australia.

Key Provisions

The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 1) outlines the method for calculating the flexible care subsidy payable to multi-purpose services (MPS) under section 51-1 of the Aged Care Act 1997 (subsection 52-1(1)). This determination applies from 1 July 2009 and replaces the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2008. It specifies the method for calculating the total amount of flexible care subsidy payable to an MPS for a day, which comprises amounts for high care, low care, and community care places, and the respite supplement equivalent amount. The determination details the formulae for calculating the subsidy for high care places (clause 10), low care places (clause 11), and community care places (clause 13). For high care places, the subsidy is based on a basic subsidy equivalent amount, a concessional resident equivalent amount, a viability supplement equivalent amount, and an adjusted subsidy reduction amount. For low care places, the subsidy is based on a basic subsidy equivalent amount, a concessional resident equivalent amount, and a viability supplement equivalent amount. For community care places, the subsidy is based on a proportion of the Community Care subsidy. Additionally, section 13 of the determination provides for an additional daily amount of community care subsidy to be paid if the MPS is in a rural or remote location with an Accessibility/Remoteness Index of Australia (ARIA) score of more than 3.51. The obligations imposed on the parties governed by this determination include calculating the flexible care subsidy based on the prescribed formulae and criteria. Multi-purpose services must ensure they meet the criteria for their respective category (Category A, B, or C) as outlined in clauses 6, 7, and 8. This involves meeting specific location and volume of beds or places criteria, as well as other conditions such as the inability to co-locate with another service and the types of residents they cater to. The Department of Health and Ageing will verify the location of an MPS using the ARIA score based on the suburb or town postcode. There are no explicit offences, penalties, or consequences stated within the text for breach of this determination. However, failure to comply with the requirements of the Aged Care Act 1997 or this determination could potentially lead to civil or criminal consequences, including fines and other penalties as prescribed by the Act. The maximum penalties would be in accordance with the provisions of the Aged Care Act 1997.

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