Federal Register of Legislation - Australian Government

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R2/2011 Principles as made
This instrument varies the Treatment Principles (No. R8 of 2004) to enable the Department of Veterans' Affairs to pay the co-payment for 'Transition Care' (similar to convalescent care) provided to ex Prisoners of War and to Victoria Cross recipients.
Administered by: Veterans' Affairs
Registered 17 Mar 2011
Tabling HistoryDate
Tabled HR21-Mar-2011
Tabled Senate21-Mar-2011
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Government

Veterans’ Entitlements Act 1986

 

Veterans’ Entitlements (Treatment Principles –Transition Care Co-Payment for Former Prisoners of War and Victoria Cross Recipients) Instrument 2011

 

Instrument No. R2/2011

 

 

I, Warren Snowdon, Minister for Veterans’ Affairs, pursuant to subsection 90(5) of the Veterans’ Entitlements Act 1986, approve this instrument made by the Repatriation Commission.

Dated this   3rd    day of                   March         2011

Warren Snowdon

……………………….............................................

WARREN SNOWDON

 

 

The Repatriation Commission, pursuant to subsection 90(4) of the Veterans’ Entitlements Act 1986, varies the Treatment Principles (Instrument No.R8 of 2004) in accordance with the Schedule.

Dated this   21st     day of     February                2011

 

Ian Campbell…………Shane Carmody…      .Major General Mark Kelly AO DSC

IAN CAMPBELL              SHANE CARMODY    Major General Mark Kelly AO DSC

PRESIDENT                   DEPUTY PRESIDENT              COMMISSIONER

 

 

 

[1]     Name of Instrument

This instrument is the Veterans’ Entitlements (Treatment Principles – Transition Care Co-Payment for Former Prisoners of War and Victoria Cross Recipients) Instrument 2011

 

[2]  Commencement

 

This instrument commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

 


 

Schedule

 

1.      Paragraph 1.4.1

 

insert:

 

“approved provider”, in relation to transition care, has the meaning it has in the Aged Care Act 1997.

 

Note: the Aged Care Act 1997 can be found on COMLAW: http://www.comlaw.gov.au

“flexible care” has the meaning it has in section 49‑3 of the Aged Care Act 1997.

 

“transition care” has the meaning it has in section 15.28 of the Flexible Care Subsidy Principles 1997.

 

Note: the Flexible Care Subsidy Principles 1997 can be found on COMLAW: http://www.comlaw.gov.au

 

“Victoria Cross” includes the Victoria Cross for Australia.

 

2.      Heading to PART 10

                     

substitute:

 

PART 10 – RESIDENTIAL CARE, CARE AT HOME PACKAGES AND TRANSITION CARE CO-PAYMENT

 

3.      Part 10 Part D

 

after this Part, insert:

 

Part E – TRANSITION CARE CO-PAYMENT

 

10.12           Financial Responsibility for Co-Payment

 

10.12.1       Subject to 10.12.2 the Commission may accept financial responsibility for transition care (care) provided by an approved provider to:

 

          (a)     a former prisoner of war (POW); or

(b)     an entitled veteran awarded the Victoria Cross (VC recipient);

 

on condition that the care is provided on a day in respect of which flexible care subsidy is payable for the care under the Flexible Care Subsidy Principles 1997.

 

Note: as at December 2010 the maximum number of days for which flexible care subsidy was payable for transition care was 126 days.

 

10.12.2       For 10.12.1, financial responsibility is limited to responsibility for the amount (co-payment) the POW or VC recipient paid, or is to pay, to an approved provider — to the extent:

 

          (a)     the co-payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under section 56-3 of the Aged Care Act 1997; and

 

(b)     the co-payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under any agreement between the Secretary of the Department that administers the Aged Care Act 1997 and the approved provider pursuant to section 15.33 of the Flexible Care Subsidy Principles 1997.

 

10.12.3       In deciding whether to accept financial responsibility for transition care (care) provided to a POW or VC recipient the Commission should take into account:

 

          (a)     whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

 

                   Note 1: Part 3.3 of Chapter 3 of the Aged Care Act 1997 deals with transition care (flexible care)

 

                   Note 2: The Approval of Care Recipients Principles 1997, the Flexible Care Subsidy Principles 1997 and the User Rights Principles 1997 are relevant to transition care (flexible care).

(b)     whether the care complies with:

(i)      any agreement between the approved provider of the care and the Secretary of the Department that administers the Aged Care Act 1997 — under the Aged Care Act 1997 and under 15.33 of the Flexible Care      Subsidy Principles 1997; and

(c)      whether, if there is an agreement mentioned in (b)(i) and the agreement (Provider/Secretary Agreement) sets out requirements for agreements (client agreement) between an approved provider and a recipient of flexible care or flexible care that is transition care:

(i)      the client agreement satisfies any requirements in respect of it in the Provider/Secretary Agreement; and

(ii)     the provision of care complies with the client agreement.

 

          (d)     whether the care essentially duplicates treatment the POW or VC recipient is receiving under other provisions of the Principles (double-dipping).

 

10.13          Billing

 

10.13.1       An approved provider should bill Medicare Australia for the co-payment for transition care, rather than the POW or VC recipient (client) but if the client is billed, the Commission may, subject to 10.12.2 and 10.12.3, accept financial responsibility for the amount.