10Where funded aged care services are delivered

10  Where funded aged care services are delivered

 (1) A funded aged care service can be delivered in:

 (a) an approved residential care home; or

 (b) a home or community setting.

Residential care home

 (2) A residential care home means a place that:

 (a) is the place of residence of individuals who, by reason of sickness, have a continuing need for aged care services, including nursing services; and

 (b) is fitted, furnished and staffed for the purpose of providing those services.

 (3) To avoid doubt, a residential care home includes any of the following places:

 (a) a place within, or co‑located with, a hospital or other health service that is covered by an agreement with the Commonwealth to deliver aged care services alongside health services as a part of an integrated service arrangement;

 (b) a place within a retirement village that is a place described by subsection (2);

 (c) a place which is a complex of buildings;

 (d) any other place prescribed by the rules.

 (4) To avoid doubt, a residential care home does not include any of the following places:

 (a) a private home;

 (b) a retirement village (other than a place referred to in paragraph (3)(b));

 (c) a facility for which a declaration under subsection 121‑5(6) of the Private Health Insurance Act 2007 is in force (other than a place referred to in paragraph (3)(a));

 (d) a hospice or facility that primarily provides palliative care;

 (e) any other place prescribed by the rules.

 (5) For the purposes of subsection (2), the rules may prescribe:

 (a) circumstances where a place is taken to be 2 or more separate places; and

 (b) circumstances where 2 or more separate places are taken to be a single place.

Home or community setting

 (6) A home or community setting means a place in a home, or in the community, where funded aged care services are delivered.

 (7) Despite subsection (6), a home or community setting does not include any of the following places:

 (a) a group home funded under the National Disability Insurance Scheme;

 (b) a hospital;

 (c) a psychiatric facility;

 (d) a prison or detention centre;

 (e) a hospice or facility that primarily provides palliative care;

 (f) any other place prescribed by the rules.