Document ID: chunk:federal_register_of_legislation:C2024A00104:section:290:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 290 (pt 1/2)
Character Range: 460331–463173

290  Pricing Authority may approve higher maximum accommodation payment amount
 (1) A registered provider may apply to the Pricing Authority for approval for the provider to agree to, and charge, an accommodation payment that is higher than the maximum accommodation payment amount prescribed by rules made for the purposes of section 289.
 (2) The application may relate to:
 (a) an approved residential care home of the provider; or
 (b) a distinct part of an approved residential care home of the provider.
 (3) The application:
 (a) must comply with the requirements prescribed by the rules; and
 (b) must not be made:
 (i) within the period prescribed by the rules after the Pricing Authority last made a decision under this section in relation to the approved residential care home, or the distinct part of the approved residential care home; or
 (ii) if no period is prescribed—within 12 months after that last decision.
 (4) If the Pricing Authority needs further information to determine the application, the Pricing Authority may give the registered provider a notice requiring the provider to give the further information:
 (a) within 28 days after the notice is given; or
 (b) within such other period as is specified in the notice.
 (5) The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice under subsection (4) must contain a statement setting out the effect of this subsection.
 (6) The Pricing Authority may, in writing and in accordance with any requirements prescribed by the rules, approve the higher maximum accommodation payment amount specified in the application.
Note: A decision not to approve a higher maximum accommodation payment amount is a reviewable decision.
 (7) Within 14 days after making a decision not to approve the higher maximum accommodation payment amount specified in the application, the Pricing Authority must give written notice of the decision to the registered provider that includes:
 (a) details of the decision; and
 (b) reasons for the decision; and
 (c) details about how the provider may apply for the reconsideration of the decision.
 (8) Subject to subsection (9), if the Pricing Authority approves the higher maximum accommodation payment amount, the amount applies in relation to an individual only if:
 (a) at the date of the approval, the individual had not entered into an accommodation agreement with the registered provider; and
 (b) the provider starts delivering ongoing funded aged care services to the individual through the service group residential care in an approved residential care home on or after the date of the approval.
 (9) The higher maximum accommodation payment amount approved by the Pricing Authority also applies in relation to an individual if:
 (a) the individual's start day