290Pricing Authority may approve higher maximum accommodation payment amount

290  Pricing Authority may approve higher maximum accommodation payment amount

 (1) A registered provider may apply to the Pricing Authority for approval for the provider to agree to, and charge, an accommodation payment that is higher than the maximum accommodation payment amount prescribed by rules made for the purposes of section 289.

 (2) The application may relate to:

 (a) an approved residential care home of the provider, including a home that is being, or is proposed to be, refurbished; or

 (b) a distinct part of an approved residential care home of the provider, including a distinct part that is being, or is proposed to be, constructed or refurbished; or

 (c) a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111; or

 (d) a distinct part of a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111.

Note: Although applications may be made under this section in relation to residential care homes that are not approved residential care homes, only a registered provider delivering funded aged care services through the service group residential care in an approved residential care home may charge, under this Part, an amount of accommodation payment.

 (3) The application:

 (a) must comply with the requirements prescribed by the rules; and

 (b) must not be made:

 (i) within the period prescribed by the rules after the Pricing Authority last made a decision under this section in relation to the residential care home, or the distinct part of the residential care home; or

 (ii) if no period is prescribed—within 12 months after that last decision.

 (4) If the Pricing Authority needs further information to determine the application, the Pricing Authority may give the registered provider a notice requiring the provider to give the further information:

 (a) within 28 days after the notice is given; or

 (b) within such other period as is specified in the notice.

 (5) The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice under subsection (4) must contain a statement setting out the effect of this subsection.

 (6) The Pricing Authority must, in accordance with the rules:

 (a) consider an application made in accordance with subsection (3), and any further information given in accordance with the rules or a notice given under subsection (4); and

 (b) make a decision to approve or not approve the higher maximum accommodation payment amount specified in the application; and