Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p16
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 40306–43070

be informed of results of investigation etc.

"65E. If the Secretary has ordered an investigation to be carried out in respect of an approved nursing home under section 65C, the Secretary may, before the notified day for completion of sale of the nursing home, give to each of the parties to the contract of sale notice in writing of:

    (a)     the amount of any overpayment established by the investigation carried out under paragraph 65C(1)(c); and

  (b)     the means by which that amount was calculated; and

    (c)     the amount of any fee-determining benefit that the vendor, or an earlier proprietor of that nursing home, has received or missed out on receiving; and

    (d)     the means by which that amount of fee-determining benefit was calculated; and

    (e)     if the Secretary has determined an amount for the purposes of paragraph 65D(1)(b)—the amount and the means by which the amount was calculated; and

    (f)      the amount of any grant of Commonwealth benefit paid in respect of the nursing home; and

    (g)     any other information about a scale of fees or a notional scale of fees determined in respect of the nursing home that, in the Secretary's opinion, the person purchasing the home should have.

Proprietor gives less than 90 days notice of settlement of contract of sale or settles in less than 90 days

"65F.(1) If less than 90 days before the proposed day for completion of the sale, the Secretary:

     (a) receives notice of the sale of an approved nursing home under section 65A or 65B; or

(b) is otherwise informed of the intended sale of the nursing home; the Secretary must:

    (c)     order an investigation to be carried out in respect of the nursing home in respect of the period beginning on a day determined by the Secretary and ending on the day immediately before the day on which the contract of sale is to be completed; and

    (d)     determine whether, in the Secretary's opinion, the vendor or an earlier proprietor of that nursing home has received an overpayment in respect of the investigation period; and

    (e)     if the Secretary determines that, in his or her opinion, the vendor or an earlier proprietor has received an overpayment in respect of the investigation period—determine:

         (i) the amount that, in the Secretary's opinion, is an estimate of the overpayment so received; and

          (ii) how much of that amount, in the Secretary's opinion, will not be recovered by the Commonwealth as at the notified day for completion of sale; and

     (f)     if the investigation period began on a day earlier than the commencement of this Part—determine whether, in the Secretary's opinion, the vendor, or an earlier proprietor of the nursing home, has received, or missed