Aged Care (Amount of flexible care subsidy - multi-purpose services) Determination 2009 (No. 2)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L04654 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

Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 2)

 

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 52-1of the Act, the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No.2) (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 January 2010 and, from that date, revokes the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No.1) otherwise known as F2009L02387.

 

An MPS is a flexible care service in a rural or remote location 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 care 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.

 

This Determination reflects the 2009-10 Budget Measure - Measures to Support Older Australians - Aged care viability supplements increase - which provided $14.8 million over two years to increase the viability supplement paid to eligible aged care providers in regional, rural and remote areas.

 

Consequential to increases to viability funding, this 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 with 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 of the viability supplement payable for residential aged care; and
  • an adjusted subsidy reduction amount (where appropriate), which is based on a proportion 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 with 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 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.  This is analogous to viability supplement payable to providers of community care places.

 

Details of this Determination are set out in the Attachment.

 

Consultation

As the increase to the subsidy is in accordance with the 2009-10 Budget Measure – Measures to Support Older Australians - Aged care viability supplements increase.  The policies reflected in the Amending Principle were the subject of consultation with the aged care sector through the Ageing Consultative Committee, which comprises peak industry, professional and consumer bodies.

 

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

 

Section 1 provides that the title of the Determination is the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No.2). 

 

Section 2 provides that the Determination will commence on 1 January 2010.

 

Section 3 revokes the previous Determination Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009, entitled (No.1), also known as F2009L02387.

 

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

 

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

 

Sections 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 care recipients with special needs.

 

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

 

Part 2 – Amount of flexible care subsidy

 

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

 

Section 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 services.

 

Section 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.

 

Section 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 places allocated.

 

Section 13 provides a table which specifies the additional 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 services.  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. 

 

The amount of viability supplement payable for Category C services has increased in this Determination in accordance the 2009 – 10 Budget Measure - Measures to Support Older Australians - Aged care viability supplements increase.

Overview

The Aged Care (Amount of Flexible Care Subsidy – Multi-Purpose Services) Determination 2009 (No. 2) was enacted in 2009 under the authority of the Minister for Ageing, to address the need for a revised method of calculating the flexible care subsidy payable to multi-purpose services (MPS) under the Aged Care Act 1997. This Determination provides a method for calculating the total amount of flexible care subsidy payable for an MPS for a day, which includes the amount payable for high, low, and community care places, and the respite supplement equivalent amount. It reflects the 2009-10 Budget Measure – Measures to Support Older Australians – Aged care viability supplements increase, which aimed to increase the viability supplement paid to eligible aged care providers in regional, rural, and remote areas. The policy objective of this Determination is to ensure that the flexible care subsidy for MPSs is calculated accurately and reflects the specific needs of regional, rural, and remote areas. It is designed to provide adequate funding for multi-purpose services, which deliver various forms of aged care, health care, and community care in rural and remote locations, ensuring that these services can continue to operate effectively and provide high-quality care to older Australians in these areas. The Determination was subject to consultation with the aged care sector through the Ageing Consultative Committee, which comprises peak industry, professional, and consumer bodies.

Scope and Application

The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 2) applies specifically to multi-purpose services (MPS) under the Aged Care Act 1997. These services are flexible care services located in rural or remote areas that provide various forms of aged care, health care, and community care. Unlike residential care services, MPS are funded on a 'cashed-out' basis, meaning that allocated places are considered occupied for funding purposes. The Determination specifies the methodology for calculating the flexible care subsidy payable to these services, effective from 1 January 2010, and revokes the previous Determination from the same year. It incorporates the 2009-10 Budget Measure aimed at enhancing the viability supplements for eligible aged care providers in regional, rural, and remote areas. The subsidy amounts are based on various factors, including the basic subsidy equivalent amount, concessional resident equivalent amounts, viability supplement equivalent amounts, and an adjusted subsidy reduction amount, depending on the type of care place. The Determination also provides for additional community care subsidies based on the Accessibility/Remoteness Index of Australia score of the location.

Key Provisions

The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 2) specifies the method for calculating the amount of flexible care subsidy payable to a multi-purpose service (MPS) under section 51-1 of the Aged Care Act 1997 (the Act) (Section 1). This Determination applies from 1 January 2010 and replaces the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 1) (Section 2 and 3). It applies only to flexible care services that are multi-purpose services (Section 4). The Determination outlines the formula for calculating the amount of flexible care subsidy payable for a day in respect of a high care place (Section 10), low care place (Section 11) and community care place (Section 12). It also provides a table for the respite supplement equivalent amount (Section 12) and an additional daily amount of community care subsidy for MPS in rural or remote locations with an Accessibility/Remoteness Index of Australia (ARIA) score of more than 3.51 (Section 13). The Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 2) imposes obligations on multi-purpose services to ensure they meet the criteria for Category A, B, or C services based on location and the volume of beds or places (Sections 6, 7 and 8). It also requires multi-purpose services to calculate the amount of flexible care subsidy payable using the specified formulae (Sections 9, 10, 11 and 12). Multi-purpose services must also ensure they are in compliance with the viability supplement equivalent amounts and concessional resident equivalent amounts specified in the schedules (Schedules 2, 3 and 4). There are no specific offences, penalties, or civil/criminal consequences outlined in the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2009 (No. 2) for breaches of the Determination. However, failure to comply with the Act or the Determination could result in consequences under the Aged Care Act 1997. The Act provides for various penalties, including fines and imprisonment, for breaches of the Act and its regulations. The maximum penalties for breaches of the Act depend on the specific offence and the circumstances of the breach.

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Aged Care Law
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Determination
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Definitions & Interpretation
Reporting & Disclosure Obligations
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