Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p5
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 5/47)
Character Range: 186624–189402

provider has an arrangement with the Commission or the Department to provide a Home Care service (category A) or Home Care service (category B) to an entitled person; and

           (2) the service has been requested for the person by a VHC assessment agency pursuant to a GP Home Care service (category C) Referral and pursuant to an assessment by the agency of the person's suitability for the service; and

           (3) the service is in accordance with the request from the VHC assessment agency; and

             Note: it will be the VHC assessment agency's responsibility to inform the approved provider of the terms on which the service is to be provided e.g. frequency of service.

         (4) the service is in accordance with any requirements in the Notes for Coordinated Veterans' Care Program Providers (Notes) that relate to an approved provider delivering a Home Care service (category C) to an entitled person; and

         (5) the entitled person is otherwise entitled to the service and is not, at the time of the service, receiving residential care; and

                   (6) the service is not essentially the same as a Home Care service (category A) or Home Care service (category B)
          the person is entitled to receive.

7.3A.7 For the purposes of the Principles, an approved provider is deemed to be a health care provider.

7.3A.8 Subject to paragraph 7.3A.9, a condition of any arrangement between the Commission and an approved provider for the provision of a Home Care service (category A) or Home Care service (category C)
to an entitled person by the approved provider or any sub‑contractor engaged by it, is that:

      (a) the approved provider, and any such sub‑contractor, shall not demand, receive or assign, an amount from the entitled person in relation to the provision of the Home Care service (category A) or Home Care service (category C) that exceeds $5 per hour of service; and

      (b) the approved provider, and any such sub‑contractor, shall not demand, receive or assign a proscribed amount from the entitled person in relation to the provision of the Home Care service (category A) or Home Care service (category C).

7.3A.9  For the purposes of paragraph 7.3A.8, in relation to a proscribed amount that is an exempt amount, it is only a condition of an arrangement not to demand, receive or assign such a proscribed amount if the Commission has made a determination under paragraph 7.3A.10 and notified the approved provider, whether by electronic means or otherwise, of the effect of that determination.

7.3A.10  Pursuant to a request in writing from an entitled person or an approved provider, the Commission shall determine whether, in the opinion of the Commission, an entitled person is or is not an exempt