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AGED CARE ACT 1997 - SECT 56.3

Responsibilities of approved providers--flexible care

                   The responsibilities of an approved provider in relation to a care recipient to whom the approved provider provides, or is to provide, flexible care are as follows:

                     (a)  to charge no more than the amount specified in, or worked out in accordance with, the User Rights Principles, for provision of the care and services that it is the approved provider's responsibility under paragraph 54-1(1)(a) to provide;

                     (b)  if the care recipient is not a * continuing care recipient--to comply with the requirements of Part 3A.2 in relation to any * accommodation payment charged to the care recipient;

                     (c)  if the care recipient is a continuing care recipient:

                              (i)  to comply with the requirements of Division 57 of the Aged Care (Transitional Provisions) Act 1997 , and the Aged Care (Transitional Provisions) Principles made under that Act, in relation to any * accommodation bond charged to the care recipient; and

                             (ii)  to comply with the requirements of those Principles in relation to any * accommodation charge charged to the care recipient;

                     (d)  in relation to an * entry contribution given or loaned under a * formal agreement binding the approved provider and the care recipient--to comply with the requirements of:

                              (i)  the Prudential Standards made under section 52M-1; and

                             (ii)  the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997 ;

                     (e)  to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services;

                      (f)  to provide such security of tenure for the care recipient's * place in the service as is specified in the User Rights Principles;

                     (g)  to comply with any requirements of the Fees and Payments Principles relating to:

                              (i)  offering to enter into an agreement with the care recipient relating to the provision of care to the care recipient; or

                             (ii)  entering into such an agreement if the care recipient wishes;

                    (ga)  to comply with the requirements of Part 3A.3 in relation to managing * refundable deposits, accommodation bonds and entry contributions;

                     (h)  to comply with the requirements of Division 62 in relation to * personal information relating to the care recipient;

                      (i)  to comply with the requirements of section 56-4 in relation to resolution of complaints;

                      (j)  to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

                     (k)  to allow people acting for bodies that have been paid * advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

                      (l)  not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles;

                    (m)  such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.



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