Document ID: chunk:federal_register_of_legislation:C2024A00104:section:10
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 10
Character Range: 90853–93068

10  Where funded aged care services are delivered
 (1) A funded aged care service can be delivered in:
 (a) an approved residential care home; or
 (b) a home or community setting.

Residential care home
 (2) A residential care home means a place that:
 (a) is the place of residence of individuals who, by reason of sickness, have a continuing need for aged care services, including nursing services; and
 (b) is fitted, furnished and staffed for the purpose of providing those services.
 (3) To avoid doubt, a residential care home includes any of the following places:
 (a) a place within, or co‑located with, a hospital or other health service that is covered by an agreement with the Commonwealth to deliver aged care services alongside health services as a part of an integrated service arrangement;
 (b) a place within a retirement village that is a place described by subsection (2);
 (c) a place which is a complex of buildings;
 (d) any other place prescribed by the rules.
 (4) To avoid doubt, a residential care home does not include any of the following places:
 (a) a private home;
 (b) a retirement village (other than a place referred to in paragraph (3)(b));
 (c) a facility for which a declaration under subsection 121‑5(6) of the Private Health Insurance Act 2007 is in force (other than a place referred to in paragraph (3)(a));
 (d) a hospice or facility that primarily provides palliative care;
 (e) any other place prescribed by the rules.
 (5) For the purposes of subsection (2), the rules may prescribe:
 (a) circumstances where a place is taken to be 2 or more separate places; and
 (b) circumstances where 2 or more separate places are taken to be a single place.

Home or community setting
 (6) A home or community setting means a place in a home, or in the community, where funded aged care services are delivered.
 (7) Despite subsection (6), a home or community setting does not include any of the following places:
 (a) a group home funded under the National Disability Insurance Scheme;
 (b) a hospital;
 (c) a psychiatric facility;
 (d) a prison or detention centre;
 (e) a hospice or facility that primarily provides palliative care;
 (f) any other place prescribed by the rules.