Aged Care (Consequential and Transitional Provisions) Rules 2025
62Care plan in existence before transition time
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62 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 guidelines for the Transition Care Programme as in force or existing immediately before the transition time) of an approved provider in respect of flexible care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of transition care; and (iii) the service provider was providing flexible care in the form of transition care to the individual on the approved provider’s behalf; and (iv) a care plan was in existence between the service provider and the individual in accordance with the guidelines; and (v) an episode of transition care had commenced but had not been completed for the individual; and (b) at the transition time, the service 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)(e) 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 that correspond as nearly as possible to the types of aged care provided to the individual by the service provider under the old Act as at immediately before the transition time. (2) The care plan is taken to be a care and services plan, developed by the registered 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.