56Old law care and services plan in existence before transition time

56 Old law care and services plan in existence before transition time

(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 residential care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care; and (iii) the provider was providing residential care to the individual through a residential care service under the old Act; and (iv) a care and services plan (the old law care and services plan) was in existence between the provider and the individual in accordance with the Quality of Care Principles; 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, subparagraph 3(1)(c)(i), (ii) or (iii) 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. (2) The old law care and services plan is taken to be a care and services plan, developed by the provider for the individual at the transition time. (3) The registered provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.