Federal Register of Legislation - Australian Government

Primary content

Principles as made
Establishes transition care as a kind of care for which flexible care subsidy may be payable, and sets down the requirements for the provision of transition care.
Administered by: Health
Registered 24 Jun 2005
Tabling HistoryDate
Tabled HR09-Aug-2005
Tabled Senate09-Aug-2005
Date of repeal 19 Mar 2014
Repealed by Social Services (Spent and Redundant Instruments) Repeal Regulation 2014

I, JULIE BISHOP, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 21 June 2005

JULIE BISHOP

 


1              Name of Principles

                These Principles are the Flexible Care Subsidy Amendment Principles 2005 (No. 1).

2              Commencement

                These Principles commence on the day that they are registered.

3              Amendment of Flexible Care Subsidy Principles 1997

                Schedule 1 amends the Flexible Care Subsidy Principles 1997.


Schedule 1        Amendments

(section 3)

  

[1]           Section 15.3, after definition of Act

Aged Care Assessment Team has the same meaning as in the Aged Care Assessment Program Operational Guidelines 2002.

Note   The Aged Care Assessment Program Operational Guidelines 2002 are accessible on the Internet at http://www.health.gov.au

episode of transition care, in relation to a care recipient and an approved provider, means a continuous period during which the care recipient is provided with flexible care in the form of transition care by the approved provider.

[2]           Section 15.3, after definition of extended aged care at home

insert

further transition care needs, in relation to a care recipient, means the care needs of that care recipient, as assessed by an Aged Care Assessment Team, or a member of such a team, during an episode of transition care.

goal-oriented, in relation to a care service, means targeted at achieving specific goals in relation to a care recipient’s functional improvement.

[3]           Section 15.3, after definition of innovative care services

insert

in-patient hospital episode, in relation to a care recipient, means a continuous period during which the care recipient:

(a)    is an in-patient of a hospital; and

(b)    is provided with:

                          (i)    acute care and any necessary subacute care (if any); or

                         (ii)    subacute care.

low intensity therapy, in relation to a care recipient, means therapy that:

                (a)    maintains the care recipient’s physical and cognitive functioning; and

               (b)    facilitates an improvement in the care recipient’s capacity in respect of activities of daily living.

Examples

1   Occupational therapy.

2   Physiotherapy.

3   Social work.

[4]           Section 15.3, after definition of State

insert

subacute care means medical or related care or services provided to a care recipient who is not in the acute phase of an illness.

Examples

1   Rehabilitation.

2   Palliative care.

3   Psychogeriatric care.

4   Geriatric evaluation and management.

transition care has the meaning given by section 15.28.

[5]           After section 15.26

insert

Chapter 5    Transition care

Part 1                 What is transition care?

15.27      Purpose of Part (Act s 50-2)

                This Part explains what is meant by transition care.

15.28      What is transition care?

                Transition care is a form of flexible care that is provided to a care recipient:

                (a)    at the conclusion of an in-patient hospital episode; and

               (b)    in the form of a package of services that includes, at least:

                          (i)    low intensity therapy; and

                         (ii)    either:

                                   (A)     nursing support; or

                                   (B)     personal care; and

                (c)    as care that can be characterised as:

                          (i)    goal-oriented; and

                         (ii)    time-limited; and

                         (iii)    therapy-focussed; and

                        (iv)    targeted towards older people; and

                         (v)    necessary to:

                                   (A)     complete the care recipient’s restorative process; and

                                   (B)     optimise the care recipient’s functional capacity; and

                                   (C)     assist the care recipient, and his or her family or carer (if any), to make long-term arrangements for his or her care.

Part 2                 Eligibility for flexible care subsidy

15.29      Purpose of Part (Act, s 50-2)

                This Part specifies a kind of care for which flexible care subsidy may be payable.

15.30      Kind of care

                The kind of care for which, under this Chapter, flexible care subsidy may be payable is flexible care provided by an approved provider in the form of transition care.

Part 3                 Payment of flexible care subsidy

15.31      Purpose of Part (Act, s 51-1)

                This Part specifies:

                (a)    the arrangements for payment of flexible care subsidy to approved providers for the provision of flexible care in the form of transition care; and

               (b)    the maximum number of days for which flexible care subsidy is payable in relation to an episode of transition care.

15.32      Payment of subsidy

                Flexible care subsidy is payable if:

                (a)    a State also provides funding, at a level agreed with the Commonwealth, for the approved provider; and

               (b)    that funding is directed to meeting the needs of transition care recipients.

15.33      Payment agreement

                The Secretary may, for the Commonwealth, enter into an agreement with an approved provider specifying the following matters:

                (a)    the period of the agreement;

               (b)    that flexible care subsidy is to be paid monthly, and in advance;

                (c)    how claims for flexible care subsidy are to be made;

               (d)    care recipients’ entitlements and obligations, including procedures for formal agreements between the approved provider and the care recipient;

                (e)    reports and information to be given to the Secretary by the approved provider for:

                          (i)    evaluating the care; or

                         (ii)    accountability purposes;

                (f)    an appropriate quality assurance framework in respect of the provision of transition care by the approved provider;

                (g)    outcome standards against which the provision of transition care services by the approved provider is to be evaluated;

                (h)    the circumstances justifying variation and termination of the agreement;

                 (i)    appropriate conditions to be met by the approved provider for the payment of flexible care subsidy;

                (j)    other conditions considered by the Secretary to be necessary for the effective provision of care;

               (k)    the maximum amount of fees the approved provider may charge a care recipient;

                 (l)    conditions relating to the charging of fees for the provision of transition care by the approved provider;

               (m)                indemnity and insurance requirements that the approved provider is required to satisfy.

Note   The amount of flexible care subsidy that is payable in respect of a day is the amount determined by the Minister in writing under paragraph 52-1 (1) (a) of the Act.

15.34      Maximum number of days

                The maximum number of days for which flexible care subsidy is payable in respect of an episode of transition care is:

                (a)    84 days; or

               (b)    such greater number of days, to a maximum of 126 days, as is necessary to ensure that the care recipient’s further transition care needs are met.