Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p10
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 23362–26107

or

    (c)     recovered from that proprietor, or a later proprietor of the nursing home, in a manner determined in accordance with the principles formulated under subsection 40AA(7).

  "(2) If:

    (a)     the proprietor of a nursing home receives an overpayment of Commonwealth benefit in respect of the nursing home; and

    (b)     that proprietor ('previous proprietor') sells the nursing home; and

    (c)     part or all of the amount of that overpayment is recovered after the sale from the current proprietor of the nursing home under paragraph (1)(c); and

    (d)     part or all of the overpayment is later recovered from the previous proprietor;

so much of the amount that has been recovered from the current proprietor as is equal to the amount recovered from the previous proprietor is to be paid to the current proprietor.

"(3) If the current proprietor of the nursing home elects, in writing, that the amount to which he or she is entitled under subsection (2) be paid to him or her in a manner specified in the principles formulated under subsection 40AA(7), the amount is payable to that proprietor in that manner.

"(4) Paragraphs (1)(a) and (b) do not affect the recovery or set-off of amounts that have not been paid under this Part.".

Note: See section 46B for the meaning of overpayment.

Heading to Part VC

18.    The heading to Part VC of the Principal Act is amended by omitting "AND VB" and substituting ", VB AND VD".

  19.    After Part VC of the Principal Act the following Part is inserted:

         "PART VD—REQUIREMENTS IN RESPECT OF SALE OF APPROVED NURSING HOMES

"Division 1—Preliminary

Object of Part

"63. The object of this Part is to provide, in relation to the sale of an approved nursing home, for:

  (a)     the giving of notices of sale and purchase; and

    (b)     the investigation of the nursing home's accounts etc. prior to sale; and

    (c)     the giving of certain information about the nursing home to the vendor and purchaser before the completion of the contract of sale; and

    (d)     the recovery of any overpayment of Commonwealth benefit paid in respect of approved nursing home patients in the nursing home.

Application and operation of Part

"64.(1) This Part applies to the sale of an approved nursing home (other than a Government nursing home or a nursing home for disabled people) whether or not that sale involves a transfer of nursing home beds under section 39B.

Note 1: For the meaning of 'nursing home for disabled people' see subsection 4(1).
Note 2: For the meaning of 'Government nursing home' see subsection 4(1).

"(2) If the vendor is selling the business or undertaking carried on at the nursing home to different purchasers, this Part applies