Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AGA

             (1)  In this section:

"approved nursing home" does not include a Government nursing home or a nursing home for disabled people.

             (2)  The Secretary shall, by written instrument, determine, in accordance with this section, the standard fee for patients included in each classification determined under subsection 40AFA(2) in each approved nursing home for a financial year.

             (3)  The Secretary:

                     (a)  shall make a determination under subsection (2) in relation to each approved nursing home to take effect at the beginning of each financial year or, where a nursing home is approved after the beginning of a financial year, shall make a determination under that subsection for that financial year as soon as practicable after the grant of approval; and

                     (b)  may make a further determination if there has been a change of circumstances sufficient to warrant the making of a further determination.

             (4)  In the determination of scales of fees in relation to classified patients in an approved nursing home for the purposes of subparagraph 40AA(6)(c)(i), the standard fees for classified patients in that nursing home shall be taken into account, in accordance with principles formulated under subsection 40AA(7), together with such other matters (if any) as the principles require.

             (5)  The standard fee for a classification of patients in an approved nursing home that is a Class 1 nursing home other than an adjusted fee government nursing home is the amount calculated in accordance with the formula:

where:

"AIA and ABD" have the same respective meanings as in subsection 40AG(7).

"N" is the product of:

                     (a)  the number of staff hours per day of nursing and personal care determined by the Minister to be the number of staff hours of such care to be taken into account for the purposes of this section in relation to patients having that classification; and

                     (b)  the amount determined by the Minister to be, for that financial year, the amount to be taken into account for the purposes of this section in relation to the cost per staff hour of providing nursing and personal care in the State or Territory in which the nursing home is situated.

             (6)  The standard fee for a classification of patients in an approved nursing home that is a Class 2 nursing home is the amount calculated in accordance with the formula:

where:

"SAM" is the standard infrastructure allowance per occupied bed per day; and

"N" has the same meaning as in subsection (5).

          (6A)  The standard fee for a classification of patients in an approved nursing home that is an adjusted fee government nursing home is the amount calculated by using the formula:

where:

"SAMS" means the special infrastructure allowance per occupied bed per day applicable to the approved nursing home; and

"N" has the same meaning as in subsection (5).

             (7)  A determination by the Minister for the purpose of subsection (5) shall be by notice published in the Gazette .

             (8)  The Secretary must not make a determination under subsection (2) in relation to a financial year that commences on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.