Federal Register of Legislation - Australian Government

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Principles as made
This instrument amends the User Rights Principles 2014 to ensure that the requirements of Consumer Directed Care (CDC) apply consistently to all consumers and approved providers of home care from 1 July 2015.
Administered by: Social Services
Made 22 Jun 2015
Registered 30 Jun 2015
Tabled HR 10 Aug 2015
Tabled Senate 10 Aug 2015
Date of repeal 02 Jul 2015
Repealed by Division 1 of Part 5A of the
Table of contents.

 

User Rights Amendment (Consumer Directed Care) Principles 2015

I, Mitch Fifield, Assistant Minister for Social Services, make the following principles.

Dated 22 June 2015

Mitch Fifield

Assistant Minister for Social Services

 

  

  


Contents

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

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

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

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

Schedule 1—Amendments                                                                                                                          2

User Rights Principles 2014                                                                                                                2

 


1  Name

                   These are the User Rights Amendment (Consumer Directed Care) Principles 2015.

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

1 July 2015.

1 July 2015

Note:          This table relates only to the provisions of this instrument as originally made.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 section 96‑1 of 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 1Amendments

  

User Rights Principles 2014

1  At the end of Division 3 of Part 3

Add:

21A  Individualised budget to be given to care recipient

             (1)  An approved provider of a home care service must give a written individualised budget to each care recipient.

             (2)  The individualised budget for a care recipient must:

                     (a)  be prepared in partnership with the care recipient; and

                     (b)  be prepared having regard to the care recipient’s goals and assessed needs, preferences, the resources available and the services selected by the care recipient; and

                     (c)  set out an itemised budget for the home care to be provided to the care recipient, as set out in the care recipient’s care plan; and

                     (d)  set out:

                              (i)  the amount of home care subsidy payable to the approved provider for the care recipient in respect of the period agreed between the care recipient and the provider; and

                             (ii)  the maximum amount of home care fees payable by the care recipient in respect of that period.

Note 1:       The amount of home care subsidy payable to the approved provider for the care recipient in respect of a payment period (that is a calendar month) is worked out under section 48‑1 of the Act or section 48‑1 of the Aged Care (Transitional Provisions) Act 1997 (as the case requires).

Note 2:       The maximum amount of home care fees payable by the care recipient is worked out under Division 52D of the Act, or Division 60 of the Aged Care (Transitional Provisions) Act 1997 and section 130 of the Aged Care (Transitional Provisions) Principles 2014 (as the case requires).

             (3)  The approved provider must give the individualised budget to the care recipient as soon as practicable after the approved provider has all the necessary information to complete it.

             (4)  The approved provider must review and, if necessary, revise the individualised budget for the care recipient if:

                     (a)  a change to the care and services to be provided to the care recipient through the home care service is proposed; or

                     (b)  the costs of providing the care and services change; or

                     (c)  the care recipient requests the approved provider to do so.

             (5)  If the approved provider reviews and revises the individualised budget for a care recipient under subsection (4), the approved provider must give the care recipient a copy of the revised individualised budget.

             (6)  If the individualised budget for a care recipient is reviewed and revised in response to a request from the care recipient under paragraph (4)(c), the approved provider must give the care recipient a copy of the revised individualised budget within 14 days of the request being made.

             (7)  The care recipient must be informed of, and helped to understand, the individualised budget for the care recipient.

21B  Monthly statement of available funds and expenditure to be given to care recipient

             (1)  An approved provider of a home care service must give each care recipient to whom the provider provides home care at any time during a month starting on or after 1 July 2015 a written statement (a monthly statement) of the available funds and the expenditure in respect of the home care provided to the care recipient during the month.

             (2)  A monthly statement must specify the following:

                     (a)  the amount of home care subsidy paid or payable to the approved provider for the care recipient in respect of the month;

                     (b)  the total amount of home care fees paid or payable by the care recipient in respect of the month;

                     (c)  the total amount paid or payable by the approved provider in respect of the home care provided to the care recipient during the month;

                     (d)  an itemised list of the care and services provided to the care recipient during the month and the total amount paid or payable in relation to each kind of care or service;

                     (e)  the total amount (if any) of the funds received or to be received in respect of any previous month for the provision of home care to the care recipient that have not been spent;

                      (f)  that any amount of home care fees paid by the care recipient to the approved provider that has not been spent, and that is not refundable under paragraph 52D‑1(2)(d) of the Act and section 13 of the Fees and Payments Principles 2014 (No. 2), will not be refunded to the care recipient if the provider ceases to provide home care to the care recipient.

             (3)  The approved provider must give a monthly statement to the care recipient as soon as practicable after the approved provider has all the necessary information to complete it.

             (4)  The care recipient must be informed of, and helped to understand, a monthly statement given to the care recipient.

2  Subparagraph 23(2)(b)(i)

Omit “whether”, substitute “that”.

3  Subparagraph 23(2)(b)(v)

Repeal the subparagraph, substitute:

                             (v)  that the provider will give a care plan and an individualised budget, and any changes to those documents, to the care recipient;

4  Paragraph 23(2)(c)

Repeal the paragraph, substitute:

                     (c)  for a care recipient other than a continuing home care recipient—a statement setting out which fees (if any), referred to in Division 52D of the Act, the provider will charge the care recipient;

                    (ca)  for a continuing home care recipient—a statement:

                              (i)  that the provider may charge the care recipient home care fees in accordance with Division 60 of the Aged Care (Transitional Provisions) Act 1997; and

                             (ii)  setting out which fee (if any), as determined in accordance with section 130 of the Aged Care (Transitional Provisions) Principles 2014, the provider will charge;

                   (cb)  a statement that the provider will give the care recipient a statement of the available funds and the expenditure in respect of each month for the care and services provided to the care recipient during the month;

                    (cc)  a statement that any amount of home care fees paid by the care recipient to the approved provider that has not been spent, and that is not refundable under paragraph 52D‑1(2)(d) of the Act and section 13 of the Fees and Payments Principles 2014 (No. 2), will not be refunded to the care recipient if the provider ceases to provide home care to the care recipient;

5  After Part 4

Insert:

Part 5Transitional provisions

Division 1Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015

25  Individualised budgets for care recipients being provided with home care

Individualised budget given to care recipient before 1 July 2015

             (1)  Subsections (2) and (3) apply in relation to an approved provider of a home care service if:

                     (a)  the approved provider is providing, or is to provide, home care to a care recipient on or after 1 July 2015; and

                     (b)  the approved provider gave a written individualised budget to the care recipient before 1 July 2015.

             (2)  The approved provider is taken to have complied with subsections 21A(1), (2) and (3) in relation to the care recipient.

             (3)  To avoid doubt, subsections 21A(4) to (7) apply in relation to the approved provider and the individualised budget.

Individualised budget not given to care recipient before 1 July 2015

             (4)  Subsection (5) applies in relation to an approved provider of a home care service if:

                     (a)  the approved provider was providing home care to a care recipient before 1 July 2015; and

                     (b)  the approved provider will be continuing to provide home care to the care recipient on or after 1 July 2015; and

                     (c)  the approved provider did not give a written individualised budget to the care recipient before 1 July 2015.

             (5)  The approved provider must comply with subsections 21A(1), (2) and (3) in relation to the care recipient as soon as practicable after 1 July 2015.

26  Home care agreements

                   The amendments of subsection 23(2) of these principles made by items 2, 3 and 4 of Schedule 1 to the User Rights Amendment (Consumer Directed Care) Principles 2015 apply in relation to a home care agreement entered into between a care recipient and an approved provider on or after 1 July 2015.

6  Subclauses 1(2) and (3) of Schedule 2

Repeal the subclauses, substitute:

Consumer directed care—choice and flexibility

             (2)  Each care recipient has the following rights:

                     (a)  to be supported by the approved provider:

                              (i)  to set goals in relation to the outcomes he or she seeks from home care; and

                             (ii)  to determine the level of ongoing involvement and control that he or she wishes to have in the provision of the home care; and

                            (iii)  to make decisions relating to his or her own care; and

                            (iv)  to maintain his or her independence as far as possible;

                     (b)  to choose the care and services that best meet his or her goals and assessed needs and preferences, within the limits of the resources available;

                     (c)  to have choice and flexibility in the way the care and services are provided at home;

                     (d)  to participate in making decisions that affect him or her;

                     (e)  to have his or her representative participate in decisions relating to his or her care if he or she requests it or if he or she does not have capacity.

Consumer directed care—care and services

             (3)  Each care recipient has the following rights:

                     (a)  to receive reliable, coordinated, safe, quality care and services which are appropriate to meeting his or her goals and assessed needs;

                     (b)  to be given before, or within 14 days after, he or she commences receiving home care, a written plan of the care and services that he or she expects to receive;

                     (c)  to receive care and services that take account of his or her other care arrangements and preferences;

                     (d)  to ongoing review of the care and services he or she receives (both periodic and in response to changes in his or her personal circumstances), and modification of the care and services as required.

Consumer directed care—individualised budget and monthly statement of available funds and expenditure

          (3A)  Each care recipient has the following rights:

                     (a)  to receive an individualised budget for the care and services to be provided;

                     (b)  to have his or her individualised budget reviewed and, if necessary, revised if:

                              (i)  the care and services to be provided, or the costs of providing the care and services, change; or

                             (ii)  he or she requests the approved provider to review and, if necessary, revise the individualised budget;

                     (c)  to receive a monthly statement of the funds available and the expenditure in respect of the care and services provided during the month.