104Calculation of required numbers of care minutes

104 Calculation of required numbers of care minutes

(1) Section 176‑20 of the new rules applies to an entity subject to this section if: (a) at the transition time, the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and (b) after the transition time, the entity delivers funded aged care services in an approved residential care home that: (i) was a residential care service (the original residential care service) immediately before the transition time in relation to the entity; and (ii) is, because of subitem 5(7) of Schedule 2 to the CTP Act, taken to be, or to be part of, an approved residential care home in relation to the entity. Calculations for remainder of quarter that started on 1 October 2025 (2) Subject to subsection (3): (a) the required combined staff average number of care minutes per individual per day in respect of the approved residential care home for the remainder of the quarter that started on 1 October 2025; and (b) the required registered nurse average number of care minutes per individual per day in respect of the approved residential care home for the remainder of that quarter; are to be calculated using the combined staff daily amounts and the registered nurse daily amounts that applied to the original residential care service for the reference period June to August 2025 under the Quality of Care Principles. (3) If, at the transition time, the residential care service is taken, because of subitem 5(7) of Schedule 2 to the CTP Act, to be more than one approved residential care home, each of those approved residential care homes is taken to have provided no days of recognised residential care in relation to the reference period June to August 2025. Calculations for quarter starting on 1 January 2026 (4) Despite the repeal of the Quality of Care Principles: (a) the required combined staff average number of care minutes per individual per day in respect of the approved residential care home for the quarter starting on 1 January 2026; and (b) the required registered nurse average number of care minutes per individual per day in respect of the approved residential care home for that quarter; are to be calculated using the combined staff daily amounts and the registered nurse daily amounts that would have applied to the original residential care service for the reference period September to November 2025 under the Quality of Care Principles if that repeal had not happened.