4Meaning of nursing-home-type patient

4 Meaning of nursing-home-type patient

(1)  For the purposes of these regulations, a person is a nursing-home-type patient on a day if he or she is in a public hospital being provided with accommodation and nursing care on that day and the day is a chargeable day.

(2)  For the purposes of subregulation (1) , a person is in a public hospital being provided with accommodation and nursing care on a day that is a chargeable day if he or she is a patient in a public hospital being provided with accommodation and nursing care on that day and the day –

(a) occurs in a continuous period of more than 35 days in which the patient is in a hospital being provided with accommodation and nursing care; and

(b) is not a day in the first 35 days of that continuous period; and

(c) is not a day to which relates a certificate from a medical practitioner to the effect that the patient is in need of acute care.

(3)  For the purpose of ascertaining whether a patient is in a public hospital being provided with accommodation and nursing care on a day that occurs in a continuous period, there is to be taken into account –

(a) any period, during which that patient was provided with accommodation and nursing care as a patient in that hospital, or in another hospital, that occurs before that day and that forms one continuous period with that day; or

(b) if there are 2 or more periods, during which that patient was provided with accommodation and nursing care as a patient in that hospital, or in another hospital, that occur before that day and that form one continuous period with one another and with that day – those earlier periods.

(4)  For the purposes of subregulation (3)(a) and (b) , 2 periods –

(a) that are periods during which a patient isprovided with accommodation and nursing care as a patient in a hospital (whether or not the same hospital); and

(b) that are separated from each other by a period of not more than 7 days during which the patient was not provided with accommodation and nursing care as a patient in any hospital –

are to be taken to form one continuous period with one another.