20Approvals of nursing homes

#### 20 Approvals of nursing homes (1) Subject to subsection (5), if an approval of premises as an approved nursing home under section 40AA of the 1953 Act was in force immediately before the commencement day, for the purposes of the new Act: (a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the proprietor (within the meaning of the 1953 Act) of the nursing home, a number of \*places equal to the number of beds to which the approval related immediately before that day; and (b) subject to subsection (4), the conditions to which the approval was, immediately before that day, subject under subsections 40AA(5A) and (6) of the 1953 Act are taken, on that day, to be conditions to which the allocation is subject under section 14-5 of the new Act; and (c) the allocation is taken to be subject to a further condition under section 14-5 of the new Act that: (i) the places are allocated in respect of the location at which the premises are situated; and (ii) any \*care provided, in respect of the places, must be provided at that location; and (d) the Secretary is taken, on that day, to have determined under section 15-1 of the new Act that the proprietor is in a position to provide care, in respect of those places, for which subsidy under Chapter 3 of the new Act may be paid. (2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of \*residential care subsidy. (3) The reference in paragraph (1)(b) to the conditions to which the approval was subject under subsections 40AA(5A) and (6) of the 1953 Act includes a reference to: (a) any determination made, in relation to the approval, under subsection 40AA(6AAB) of the 1953 Act; and (b) any modifications made to those conditions under section 40AAA of the 1953 Act; and (c) any alterations made to those conditions under section 40AD of the 1953 Act. (4) Paragraph (1)(b) of this section does not apply to the conditions referred to in paragraphs 40AA(6)(ab), (b), (bc), (bd), (cd), (cf), (cg), (cj), (ck) and (cl) of the 1953 Act. (5) This section does not apply to an approved nursing home that is a Government nursing home within the meaning of the 1953 Act.