Commonwealth Numbered Acts

NATIONAL HEALTH ACTS AMENDMENT ACT 1977 No. 100, 1977 - SECT 9

9. (1) Section 40AA of the Principal Act is amended-

(a) by omitting from sub-section (2) ''Part'' and substituting ''Act'';

   (b)  by inserting after sub-section (5) the following sub-section:

''(5A) The approval of premises as an approved nursing home is subject to the
following conditions:

   (a)  a condition that the proprietor of the nursing home will use all
        reasonable endeavours to ascertain whether a qualified nursing home
        patient or a Repatriation nursing home patient is an insured nursing
        home patient;

   (b)  a condition that, where a Commonwealth benefit or a nursing home
        fund benefit is payable, or has been paid, to the proprietor of the
        nursing home in respect of a patient for a period, the proprietor
        shall deduct the amount of that benefit from the fees charged in
        respect of nursing home care for that patient during that period;

   (c)  a condition that, where the proprietor of the nursing home has been
        paid a nursing home fund benefit in respect of a patient for a period
        and the proprietor has charged fees in respect of nursing home care
        for that patient during that period without deducting that
        nursing home fund benefit, the proprietor shall pay an amount equal to
        that nursing home fund benefit to the person to whom the fees were
        charged.'';

   (c)  by inserting in paragraph (a) of sub-section (6) ''or Repatriation
nursing home patients'' after ''patients'' (wherever occurring);

   (d)  by omitting from sub-paragraph (i) of paragraph (c) of sub-section (6)
''gross fees'' and substituting ''fees charged''; and

   (e)  by inserting in paragraph (d) of sub-section (6) ''or Repatriation
nursing home patients'' after ''patients''.

(2) The amendments made by sub-section (1) apply in relation to an approved
nursing home, whether the approval was given before, or is given after, the
commencement of this section.