2.2Treatment for entitled persons travelling overseas

2.2 Treatment for entitled persons travelling overseas

2.2.1 Subject to these Principles, the Commission may accept financial responsibility for the treatment of malignant neoplasia suffered by an entitled person in the situation where the treatment is provided to the person outside Australia and the person is outside Australia temporarily.

Note: to be eligible for treatment a person must be an Australian resident.

2.2.2 Except where the Commission decides otherwise, the Commission will not accept financial responsibility under paragraph 2.2.1 for costs incurred in the treatment of malignant neoplasia while an entitled person is temporarily absent from Australia unless, prior to departure, an office of the Department has been notified of the person’s intention to travel.

2.2.3 Except in an emergency, financial responsibility under paragraph 2.2.1 will be limited to:

(a) except in the cases of residential care or residential care (respite), the cost of treatment provided in accordance with the mode and duration that would have been provided or arranged, under these Principles, in Australia; or

(b) except in the cases of residential care or residential care (respite), the cost of treatment provided by a health authority or facility nominated by the Commission; or

(c) in the case of residential care or residential care (respite) provided for a period to an entitled person, whether provided in an emergency or not — the lesser of:

(i) the amount charged the person; or

(ii) the amount of residential care subsidy (at classification level 1 for residential care or at classification level 3 for residential care (respite)) and the residential care amount (if any) that would have been accepted by the Commission in respect of the person if the person had received residential care or residential care (respite), as the case may be, at the classification level 1 or the classification level 3, respectively, for the same period in Australia;or

Note (1): "classification level 1" and "classification level 3" mean "residential care classification level 1"and "residential care classification level 3", respectively, under the Aged Care Act 1997. By virtue of Part 10 of the Principles the Commission, in the first instance, rather than the Commonwealth, accepts financial responsibility for the provision of residential care and residential care (respite) under the Aged Care Act 1997 to entitled persons .

Note (2): the "residential care amount", also commonly known as the "basic daily care fee" or "resident fee", is the amount to be worked out under section 58-3, or the amount to be worked out under subsection 58-4(1), of the Aged Care Act 1997 as amended from time to time, depending on which of those provisions applied to the circumstances of the entitled person.