Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p5
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 10873–13525

notice, or becoming informed, of the sale of the nursing home, vary the accounting period in respect of the home.

  "(8) If:

   (a) an approved nursing home has been sold and the Secretary did

     not receive notice of the sale under section 65A or 65B, or was not otherwise informed of the sale, before the day of completion of the sale; or

    (b) if the proprietor of an approved nursing home sells the nursing home before the notified day for completion of sale;

the Secretary must, within 14 days after first becoming aware of the sale, vary the accounting period in respect of the home.

"(9) The accounting period, as varied under subsection (7) or (8), must end on the day before the day of completion of the sale.

"(10) The Secretary must not vary the accounting period so that it begins on a day earlier than the last day of the previous accounting period.

"(11) If the Secretary varies the accounting period, he or she must notify the proprietor within 7 days of that variation.

"(12) A notice under subsection (11) must be in writing and set out the new accounting period in respect of the nursing home.

Setting of notional fees

"46D.(1) The Secretary must, within 3 years after the end of an accounting period in respect of an approved nursing home, determine a notional scale of fees in respect of the nursing home.

"(2) A notional scale of fees, in respect of the nursing home is determined:

  (a)     in relation to the accounting period in respect of the home; and

    (b)     in respect of the provision of nursing home care (other than care of a kind in respect of which benefit is paid under section 48B, 48C, 48D, 48E or 49) to approved nursing home patients in the nursing home during the accounting period.

  "(3) In determining the notional scale of fees, the Secretary:

    (a)     must take into account the actual expenditure incurred by the proprietor in respect of the provision of that nursing home care to approved nursing home patients in the nursing home during the accounting period; and

    (b)    may take into account such other things as the Secretary considers relevant.

"(4) The Secretary must, for the purposes of determining the notional scale of fees, order an investigation to be carried out in respect of an approved nursing home to find out the actual expenditure so incurred by the proprietor.

"(5) In determining the notional scale of fees, the Secretary must comply with the relevant principles formulated under subsection 40AA(7).

"(6) The proprietor affected by a decision of the Secretary under subsection (1) may apply, in writing, to the Minister for a reconsideration of that