Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p21
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 52685–55425

on or before sale of nursing home

"65K.(1) The vendor of an approved nursing home must, on or before the notified day for completion of sale of the nursing home, pay to the Commonwealth an amount equal to the amount that is, under subsection (2), (3), (4), (5) or (6), the overpayment outstanding in respect of the nursing home.

Penalty: $50,000.

  "(2) If:

     (a) the Secretary did not receive notice of the sale of the nursing home under section 65A or 65B or was not otherwise informed of the sale before the day of completion of the sale; or

    (b) the vendor sells the nursing home before the notified day for completion of sale of the home;

the overpayment outstanding in respect of the nursing home is equal to the sum of the advances in respect of Commonwealth benefit paid to the vendor in respect of approved nursing home patients who received nursing home care in the nursing home during any accounting period in respect of which the Secretary has not determined a notional scale of fees.

Note: For the meaning of 'notional scale of fees' see section 46.

  "(3) If:

    (a)     the Secretary has made a determination under paragraph 65F(1)(e) in respect of the nursing home; and

    (b)     a copy of the determination has been given to the vendor on or before the day of completion of the sale; and

    (c)     no purchaser payment has been made in respect of the sale of the nursing home; and

  (d)     subsection (2) does not apply;

the overpayment outstanding in respect of the nursing home is the amount specified in the determination.

  "(4) If:

    (a)     the Secretary has made a determination under paragraph 65F(1)(e) in respect of the nursing home; and

    (b)     a copy of the determination has been given to the vendor on or before the day of completion of the sale; and

    (c)     a purchaser payment has been made in respect of the sale of the nursing home; and

  (d)     subsection (2) does not apply;

the overpayment outstanding in respect of the nursing home is the difference between:

   (e)    the amount specified in the determination; and

   (f)      the purchaser payment.

  "(5) If:

    (a)     an investigation has been carried out under paragraph 65C(1)(c) in respect of the nursing home; and

    (b)     an amount has been determined under paragraph 65D(1)(b); and

    (c)     no purchaser payment has been made in respect of the sale of the nursing home; and

  (d)     subsection (2) does not apply;

the overpayment outstanding in respect of the nursing home is the sum of:

     (e)     the amount of overpayment (if any) established by the first investigation; and

   (f)     the amount specified in the determination.

  "(6) If:

    (a)     investigations have