Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:70am:p1
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 70AM (pt 1/2)
Character Range: 124928–127398

70AM  Meaning of qualifying facility
 (1) A residential facility is a qualifying facility for a payment period if it is a group A facility for the payment period or a group B facility for the payment period.
 (1A) A residential facility is a group A facility for a payment period if all of the following criteria are met:
 (a) an exemption from section 54‑1A of the Act in relation to the facility is not in force at any time during the period;
 (b) a report in relation to the facility and the period has been submitted in accordance with section 44B of the Accountability Principles 2014;
 (c) the total number of days of eligible residential care provided in respect of care recipients at the facility during the period, divided by the number of days in the period, is no more than 50;
 (d) the total number of hours, on days during the period on which residential care was provided at the facility, that a registered nurse was not on site and on duty at the facility is no more than the number of such days in the period multiplied by 3.
Note: Residential care might be provided at a facility through more than one residential care service.
 (1B) A residential facility is a group B facility for a payment period if all of the following criteria are met:
 (a) an exemption from section 54‑1A of the Act in relation to the facility is not in force at any time during the period;
 (b) a report in relation to the facility and the period has been submitted in accordance with section 44B of the Accountability Principles 2014;
 (c) the total number of days of eligible residential care provided in respect of care recipients at the facility during the period, divided by the number of days in the period, is no more than 30;
 (d) the total number of hours, on days during the period on which residential care was provided at the facility, that a registered nurse was not on site and on duty at the facility is:
 (i) more than the number of such days in the period multiplied by 3; and
 (ii) no more than the number of such days in the period multiplied by 12.
Note: Residential care might be provided at a facility through more than one residential care service.
 (2) A day of eligible residential care is provided in respect of a care recipient if:
 (a) residential care is provided to the care recipient during a day:
 (i) other than as respite care; or
 (ii) as respite care and, under Division 3 of Part 3 of Chapter 2A of the Aged Care (Subsidy, Fees and Payments)