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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Making Aged
Care Fees Fairer) Bill 2021
No. , 2021
(Ms Sharkie)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2021
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Act 1997
3
No. , 2021
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Aged Care Amendment (Making Aged Care Fees
5
Fairer) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
3
Schedule 1--Amendments
1
2
Aged Care Act 1997
3
1 At the end of subsection 52D-1(2)
4
Add:
5
; (e) no more than the following percentage of the home care fee
6
in respect of any period may be
*
administration or
7
management fees:
8
(i) if the home care fee is for a level one aged care package
9
or a level two aged care package--25%;
10
(ii) if the home care fee is for a level three aged care
11
package or a level four aged care package--20%.
12
2 At the end of section 52D-1
13
(3) The policies and practices that an approved provider uses in setting
14
home care fees that are charged to a care recipient:
15
(a) must provide for
*
administration or management fees to be
16
set separately from the rest of the home care fees; and
17
(b) must result in the home care fees being set in accordance
18
with the following requirements:
19
(i) administration or management fees must be set such that
20
the whole amount of the administration or management
21
fees are directly attributable to the cost of administering
22
or managing the provision of home care to the care
23
recipient;
24
(ii) the other components of the home care fees must be set
25
such that the amounts of the other components are not to
26
any extent directly attributable to the cost of
27
administering or managing the provision of home care
28
to the care recipient, and do not offset any of that cost;
29
(iii) any other requirements specified by the Fees and
30
Payments Principles.
31
(4) An approved provider who charges home care fees to a care
32
recipient:
33
(a) must identify to the care recipient:
34
Schedule 1
Amendments
4
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
No. , 2021
(i) how much of the fees are for administration or
1
management; and
2
(ii) how much of the fees are not for administration or
3
management; and
4
(b) on request by the Secretary or the care recipient, must show
5
how the home care fees comply with the requirements of
6
paragraph (2)(e) and subparagraphs (3)(b)(i), (ii) and (iii).
7
(5) In this section:
8
cost of administering or managing
the provision of home care
9
includes the cost of the following:
10
(a) administration staff;
11
(b) insurance;
12
(c) workers' compensation;
13
(d) case management or care coordination;
14
(e) budget preparation.
15
level four aged care package
has the meaning given by the Fees
16
and Payments Principles.
17
level one aged care package
: home care that is not part of a level
18
two aged care package, a level three aged care package or a level
19
four aged care package is part of a
level one aged care package
.
20
level three aged care package
has the meaning given by the Fees
21
and Payments Principles.
22
level two aged care package
has the meaning given by the Fees
23
and Payments Principles.
24
3 Paragraph 56-2(a)
25
After "
*
entry to", insert ", or
*
exit from,".
26
4 After paragraph 56-2(k)
27
Insert:
28
(ka) in the case of a prospective care recipient--give the
29
prospective care recipient a schedule setting out the
*
home
30
care fees charged by other approved providers for, or in
31
connection with, home care of the kind to be provided to the
32
Amendments
Schedule 1
No. , 2021
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
5
care recipient, in accordance with the following
1
requirements:
2
(i) the home care fees set out in the schedule must be the
3
fees charged for providing home care in the same area
4
as the home care that is to be provided to the care
5
recipient;
6
(ii) if 5 or fewer other approved providers provide home
7
care of that kind in that area--the schedule must set out
8
the fees of all of those other approved providers (if any);
9
(iii) if more than 5 other approved providers provide home
10
care of that kind in that area--the schedule must set out
11
the fees of at least 5 of those other approved providers;
12
5 After subsection 61-1(1)
13
Insert:
14
(1A) Without limiting paragraph (1)(c), the
*
home care agreement must
15
specify:
16
(a) whether the
*
home care fees that the care recipient will be
17
liable to pay the approved provider include
*
administration or
18
management fees; and
19
(b) if the home care fees include administration or management
20
fees--the policies and practices that the approved provider
21
will use in setting the administration or management fees.
22
Note:
See paragraph 52D-1(2)(e) and subsections 52D-1(3) and (4).
23
6 Clause 1 of Schedule 1
24
Insert:
25
administration or management fees
means the component of
26
*
home care fees charged by an approved provider that are
27
identified as administration or management fees in accordance with
28
subparagraph 52D-1(4)(a)(i).
29
exit
, in relation to a person and an
*
aged care service, means the
30
end of the provision of care to the person through that aged care
31
service.
32
home care fees
has the meaning given by subsection 52D-1(1).
33
Schedule 1
Amendments
6
Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021
No. , 2021
7 Application of amendments
1
(1)
The amendments made by items 1 and 2 apply in relation to home care
2
fees in respect of a period commencing on or after the commencement
3
of this item.
4
(2)
The amendment made by item 3:
5
(a) subject to paragraph (b), applies in relation to an aged care
6
recipient's exit from an aged care service if the aged care
7
recipient enters the service on or after the commencement of
8
this item; and
9
(b) does not apply to a charge under a home care agreement
10
entered into before that commencement.
11
(3)
Paragraph (2)(b) ceases to apply to a home care agreement immediately
12
before the first time (if any) the agreement is varied after the
13
commencement of this item.
14
(4)
The amendment made by item 5 applies in relation to a home care
15
agreement entered into, or varied, on or after the commencement of this
16
item.
17