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AGED CARE ACT 1997 - SECT 27.2

Expiry dates and reappraisal periods

             (1)  The following table sets out:

                     (a)  when a classification has an * expiry date; and

                     (b)  when that expiry date occurs; and

                     (c)  for the purposes of renewing the classification, the reappraisal period for the expiry date:

 

Expiry dates and reappraisal periods

Item

If this circumstance applies in relation to the care recipient ...

the expiry date for the care recipient's classification is ...

and the reappraisal period for that * expiry date is ...

1

The care recipient:

(a) ceases being provided with residential care or flexible care through a residential care service or a flexible care service (other than because the recipient is on * leave); and

(b) has not * entered an * aged care service that is a residential care service or a flexible care service within 28 days after ceasing to be provided with that care.

The day on which the care recipient ceased being provided with that care.

No reappraisal period.

2

The care recipient has taken * extended hospital leave.

The day on which that * leave ends.

The period:

(a) beginning 7 days after the day on which the care recipient next began receiving residential care from an approved provider; and

(b) ending 2 months after that day.

3

Both:

(a) an approved provider began providing the care recipient with residential care (other than residential care provided as * respite care) on the day after the end of an in-patient hospital episode (see subsection (7)); and

(b) the care recipient was not on * leave at the time of that attendance.

The day that occurs 6 months after the day on which the approved provider began providing care to the care recipient.

The period:

(a) beginning one month before the * expiry date for the classification; and

(b) ending one month after that date.

4

The care recipient has taken * extended hospital leave.

The day that occurs 6 months after the first day on which an approved provider began providing care to the care recipient after the end of that * leave.

The period:

(a) beginning one month before the * expiry date for the classification; and

(b) ending one month after that date.

5

The care recipient's classification has been renewed under section 27-5 because the care recipient's care needs have changed significantly.

The day that occurs 6 months after the day on which the renewal took effect.

The period:

(a) beginning one month before the * expiry date for the classification; and

(b) ending one month after that date.

6

The Secretary has given the approved provider a notice under section 27-3 requiring a reappraisal of the level of care needed by the care recipient to be made.

Either:

(a) the day after the last day of the period specified in the notice within which the reappraisal is to be made; or

(b) if the reappraisal is received by the Secretary before the end of that period--the date of receipt.

The period specified in the notice within which the reappraisal is to be made.

7

The care recipient is being provided with residential care as * respite care.

The day on which the period during which the care recipient was provided with the respite care ends.

No reappraisal period.

Note:          If a classification has an expiry date but no reappraisal period, the classification cannot be renewed (see subsection 27-6(1)).

Reappraisal period deferred if care recipient on leave

             (2)  If:

                     (a)  the * expiry date for the classification occurs:

                              (i)  while the care recipient is on * leave (other than * extended hospital leave) from a residential care service; or

                             (ii)  within one month after the residential care service began providing residential care to the care recipient after that leave ended; and

                     (b)  the classification does not have that expiry date because of item 6 of the table in subsection (1);

then, despite subsection (1), the reappraisal period for the classification is the period of 2 months beginning on the day on which the residential care service began providing residential care to the care recipient after that leave ended.

If more than one expiry date applies

             (3)  If:

                     (a)  a classification has an * expiry date (the first expiry date ) because a particular circumstance specified in the table in subsection (1) applies in relation to the care recipient; and

                     (b)  another circumstance specified in that table starts to apply in relation to the care recipient before the first expiry date;

then, subject to subsection (4):

                     (c)  the first expiry date ceases to apply in relation to the classification; and

                     (d)  the expiry date for the other circumstance applies in relation to the classification.

             (4)  If the other circumstance is that specified in item 6 of the table:

                     (a)  the first expiry date continues to apply in relation to the classification, unless the relevant notice under section 27-3 is given before the start of the reappraisal period for the first expiry date; and

                     (b)  the * expiry date for the circumstance specified in item 6 of the table does not apply.

If reappraisal made at initiative of approved provider before expiry date

             (5)  If:

                     (a)  a classification has an * expiry date because a particular circumstance specified in the table in subsection (1) applies in relation to the care recipient; and

                     (b)  before the start of the reappraisal period for that expiry date, the Secretary receives a reappraisal of the level of care needed by the care recipient made under section 27-4;

that expiry date ceases to apply in relation to the classification.

Classification Principles may specify different expiry date or reappraisal period

             (6)  The Classification Principles may specify that:

                     (a)  a different * expiry date applies in relation to a classification to that provided for under this section; or

                     (b)  a different reappraisal period applies in respect of an expiry date to that provided for under this section.

Meaning of in-patient hospital episode

             (7)  In this section, 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 medical or related care or services.



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