Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p23
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 23/42)
Character Range: 212596–215402

short‑term restorative care by an approved provider for a care recipient is 56 days. See section 111A of the Subsidy Principles 2014.

         (b) to the extent that the co‑payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under section 56‑3 of the Aged Care Act 1997.

         Note (2): The maximum co‑payment amount a provider is permitted to charge is set out in section 23AB of the User Rights Principles 2014 made for paragraph 56‑3(a) of the Aged Care Act 1997.

10.10.2 In deciding whether to accept financial responsibility for the co‑payment for short‑term restorative care (care) provided to a POW or VC recipient the Commission should take into account:

         (a) whether the care was provided in accordance with the "agreed care plan" (within the meaning of section 111A of the Subsidy Principles 2014) in place between the approved provider and the POW or VC recipient;

         (b) whether the care was otherwise provided in accordance with the relevant provisions of the Aged Care Act 1997 and relevant instruments under that Act; and

     Note (1): Part 3.3 of Chapter 3 of the Aged Care Act 1997 deals with flexible care.

         Note (2): The Approval of Care Recipients Principles 2014, the Subsidy Principles 2014, the Quality of care Principles 2014, the Accountability Principles 2014 and the User Rights Principles 2014 are relevant to short‑term restorative care – a form of flexible care.

          (c) whether the care essentially duplicates treatment the POW or VC recipient is receiving under other provisions of these Principles (double‑dipping).

         10.11 Billing

10.11.1 An approved provider is to bill the Human Services Department (via Medicare) for the co‑payment for short‑term restorative care, rather than the POW or VC recipient (client) but if the client is billed, the Commission may, subject to 10.10.1 and 10.10.2, accept financial responsibility for the amount.

PART 11 — THE PROVISION OF REHABILITATION APPLIANCES

11.1 Rehabilitation Appliances Program
11.1.1 The Commission may provide:

(a) a surgical appliance; and
(b) an appliance for self‑help and rehabilitation purposes;

    to an entitled person, for an injury or disease of the person, unless the appliance could be provided to the person, for that injury or disease, by the Commission under a Part of the Act, other than Part 3 of Chapter 6 of the Act, or under DRCA.

    Note (1): an appliance could be provided as part of a rehabilitation program under Chapter 3 of the Act or as a modification to a motor vehicle under Chapter 4 of the Act and could be provided under Part III or s.148 of DRCA (but not under s.16(1) by virtue of s.144B(5) DRCA).

    Note (2): the Commission providing an appliance means the Commission