Aged Care (Consequential and Transitional Provisions) Rules 2025
60Care plan in existence before transition time
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60 Care 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 a service provider within the meaning of the program manual for the National Aboriginal and Torres Strait Islander Flexible Aged Care Program as in force or existing at that time; and (ii) the individual had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program; and (iii) the provider was providing National Aboriginal and Torres Strait Islander Flexible Aged Care Program services to the individual; and (iv) a care plan was in existence between the provider and the individual in accordance with the program manual; 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)(f) of that Schedule applies to the individual; and (d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time. (2) The care plan is taken to be a care and services plan, developed by the provider for the individual at the transition time. (3) The 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.