Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:111:p1
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 111 (pt 1/2)
Character Range: 187322–190085

111  Flexible care provided as transition care
 (1) Flexible care subsidy in respect of flexible care provided by an approved provider as transition care is payable to the approved provider for each payment period during which the approved provider is eligible under this section.
 (2) The payment period is the period specified in the agreement mentioned in paragraph (3)(a).
 (3) An approved provider is eligible for flexible care subsidy in respect of a day if, during that day:
 (a) there is in force an agreement between the Secretary and the approved provider for the provision of transition care; and
 (b) a State or Territory provides funding for the service, directed at meeting the needs of care recipients being provided with transition care, at a level agreed with the Commonwealth.
 (4) An agreement between the Secretary and the approved provider for the provision of transition care may provide for the following:
 (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 the purposes of:
 (i) evaluating the care; and
 (ii) accounting for income received (including the sources of the income) and expenditure;
 (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 in which the agreement can be varied or terminated;
 (i) conditions considered by the Secretary to be necessary for the effective provision of care, including conditions that must be met by the approved provider to be eligible for the payment of flexible care subsidy;
 (j) the maximum amount of fees the approved provider may charge a care recipient;
 (k) conditions relating to the charging of fees for the provision of transition care by the approved provider;
 (l) 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.
 (5) 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 further transition care needs of the care recipient, as assessed by