Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 46D

             (1)  The Secretary must, within 3 years after the end of an accounting period in respect of an approved nursing home, determine a notional scale of fees in respect of the nursing home.

             (2)  A notional scale of fees, in respect of the nursing home is determined:

                     (a)  in relation to the accounting period in respect of the home; and

                     (b)  in respect of the provision of nursing home care (other than care of a kind in respect of which benefit is paid under section 48B, 48C, 48D, 48E or 49) to approved nursing home patients in the nursing home during the accounting period.

             (3)  In determining the notional scale of fees, the Secretary:

                     (a)  must take into account the actual expenditure incurred by the proprietor in respect of the provision of that nursing home care to approved nursing home patients in the nursing home during the accounting period; and

                     (b)  may take into account such other things as the Secretary considers relevant.

             (4)  The Secretary must, for the purposes of determining the notional scale of fees, order an investigation to be carried out in respect of an approved nursing home to find out the actual expenditure so incurred by the proprietor.

             (5)  In determining the notional scale of fees, the Secretary must comply with the relevant principles formulated under subsection 40AA(7).

             (6)  The proprietor affected by a decision of the Secretary under subsection (1) may apply, in writing, to the Minister for a reconsideration of that decision by the Minister.

             (7)  The application must be made within 28 days after the proprietor receives notice of the decision.

             (8)  If the proprietor applies for reconsideration of the decision, the Minister may affirm or revoke the decision or vary it as he or she thinks fit.

             (9)  For the purposes of determining the notional scale of fees for the first accounting period in respect of a nursing home after the commencement of this Act, the accounting period is taken to have commenced on a day determined by the Secretary.

           (10)  The day determined by the Secretary may be a day before the day this Act commences.