48Home care agreement entered into before transition time

48 Home care agreement entered into before transition time

Application of this section (1) This section applies in relation to a registered provider and an individual if: (a) immediately before the transition time: (i) the registered provider was an approved provider in respect of home care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of home care; and (iii) the provider was providing home care to the individual through a home care service under the old Act; and (iv) a home care agreement that was entered into in accordance with paragraph 56‑2(g) of the old Act, and that met the requirements of section 61‑1 of the old Act, was in effect between the provider and the individual; and (b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and (c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and (d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time. Deeming of entry into service agreement at transition time (2) The home care agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time. Review and variation of service agreement (3) The registered provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act. (4) The review and variation of the service agreement must: (a) commence within the period of 30 days beginning on the day after the day the earliest of the following occurs (the relevant day): (i) the System Governor makes a determination for the individual under section 314 of the new Act; (ii) the System Governor makes a determination for the individual under paragraph 314A(1)(a) of the new Act; (iii) the individual makes an election under paragraph 314A(1)(b) of the new Act; and (b) end no later than the end of the period of 90 days beginning on the day after the relevant day; and (c) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements). Failure to comply with service agreement review and variation requirements (5) Subsection 149‑35(2) of the new rules applies in relation to the provider and the individual as if the following were inserted after paragraph (f) of that subsection: ‘; or (g) if section 48 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 applies to the individual and the provider—the registered provider is unable to comply with subsection 48(3) of those rules (which deals with reviewing and varying service agreements) because there is no mutual consent of the individual and the provider to vary the service agreement in accordance with paragraph 148‑65(5)(b) of this instrument.’ Prohibition on charging of contributions until after service agreement is reviewed and varied (6) Despite Division 1 of Part 3 of Chapter 4 of the new Act, the provider must not charge the individual a contribution under that Division in relation to any funded aged care service delivered during the period beginning at the transition time and ending when the service agreement has been reviewed and varied in accordance with subsection (3). Provision of information to individuals (7) The registered provider must, as soon as practicable after the transition time, provide and explain to the individual the following: (a) information about the Statement of Rights (see section 155‑15 of the new rules); (b) information to assist individuals to choose funded aged care services that best meet their needs (see section 155‑20 of the new rules); (c) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules); (d) general information for individuals accessing funded aged care services in a home or community setting (see section 155‑60 of the new rules).