58Patients occupying exempt beds

#### 58 Patients occupying exempt beds (1) Subject to subsection (2), paragraph 36-1(1)(b) of the new Act does not apply in relation to \*residential care that is \*provided in respect of a \*place included in a \*residential care facility if: (a) the place corresponds to a bed in a nursing home (within the meaning of the 1953 Act) that was, immediately before the commencement day, an exempt bed (within the meaning of Part V of the 1953 Act); and (b) the person to whom the residential care is provided has been continuously provided with residential care in respect of that place since the commencement day. (2) However, if \*residential care is \*provided to a person in respect of a \*place included in a \*residential care facility, and: (a) the place corresponds to a bed in a nursing home (within the meaning of the 1953 Act) that was, immediately before the commencement day, an exempt bed (within the meaning of Part V of the 1953 Act); and (b) the person had, before the commencement day, made an election under section 40ADB of the 1953 Act; and (c) as at the commencement day, the person was not an exempt patient within the meaning of section 39AD of the 1953 Act; and (d) the person to whom the residential care is provided has been continuously provided with residential care in respect of that place since the commencement day; then: (e) the person is taken to have been an exempt patient (within the meaning of section 39AD of the 1954 Act) immediately before the commencement day; and (f) paragraph 36-1(1)(b) of the new Act applies to \*residential care that is \*provided to the person in respect of the \*place. > Note: The effect of paragraph 36-1(1)(b) of the new Act applying is that an extra service agreement between the approved provider concerned and the person is necessary in order for residential care to be provided on an extra service basis. A person cannot be forced to enter such an agreement and, under section 36-4 of the new Act, an agreement with a person taken to be an exempt patient under paragraph 58(2)(e) will have to provide that the person can terminate the agreement within 3 months of the date of effect of the agreement. (3) This section does not affect any agreement between the person and the proprietor (within the meaning of the 1953 Act) of the nursing home, relating to exempt bed status in respect of the bed.