Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1988 No. 79 of 1988 - SECT 19

19. After section 40AF of the Principal Act the following sections are
inserted: Classification of certain patients

"40AFA. (1) Nursing home patients to whom this section applies shall be
classified according to the degree of their need of nursing and personal care.

"(2) Commonwealth benefit is not payable in respect of a nursing home patient
to whom this section applies who does not have a classification.

"(3) The classifications of patients, the principles by reference to which the
classifications are to be given to particular patients and the period of
effect of a classification given to a patient are as determined by the
Minister from time to time.

"(4) A determination by the Minister under subsection (3) shall be by written
instrument.

"(5) The classification to be given to a particular patient shall be
determined by the Secretary according to the principles for the time being in
force under subsection (3). Patients to whom classification system to apply

"40AFB. (1) Section 40AFA applies to the following approved nursing home
patients and Repatriation nursing home patients (not being patients in
Government nursing homes or nursing homes for disabled people):

   (a)  patients admitted to an approved nursing home on or after 1 July 1988,
        including patients who were so admitted without approval under section
        40AB but who, because of subsection 40AA (9), are to be regarded as
        having been admitted with such approval;

   (b)  patients in nursing homes first approved on or after 1 July 1988;

   (c)  patients in a class of patients determined by the Minister to be
        patients to whom section 40AFA applies.

"(2) Paragraph (1) (a) does not apply to a patient if:

   (a)  the patient is admitted to an approved nursing home within 90 days
        after being discharged from an approved nursing home, other than a
        Government nursing home or a nursing home for disabled people; and

   (b)  immediately before being so discharged, the patient was not a patient
        to whom subsection (1) applied.

"(3) Paragraphs (1) (a) and (b) do not apply to patients in a class of nursing
home patients determined by the Minister to be excluded from the operation of
those paragraphs.

"(4) A determination for the purpose of paragraph (1) (c) or subsection (3)
shall be in writing and shall be made in accordance with any principles
declared in writing by the Minister for the purposes of that paragraph or
subsection, as the case may be. Classification on application made before
admission to home

"40AFC. (1) A person seeking admission to an approved nursing home or another
person on behalf of the first-mentioned person may apply to the Secretary for
classification in advance of admission to a home.

"(2) An application under this section may only be made if:

   (a)  the person's admission to an approved nursing home has been approved
        under subsection 40AB (3); and

   (b)  the approval has not expired.

"(3) An application shall be in writing in accordance with the authorised
form.

"(4) On the application of a person under this section, the Secretary may
classify the person as if the person were a nursing home patient to whom
section 40AFA applies, but the classification of the person does not take
effect except as mentioned in subsection (5).

"(5) If the person to whom a classification under subsection (4) relates
becomes a nursing home patient to whom section 40AFA applies before the
approval under subsection 40AB (3) expires, the classification takes effect as
if it were made at the time the person becomes such a patient. Application by
proprietor of home for patient classification

"40AFD. (1) When:

   (a)  a person already a patient in an approved nursing home becomes a
        patient to whom section 40AFA applies; or

   (b)  a person in respect of whom no application has been made under section
        40AFC is admitted to an approved nursing home and becomes, or is to be
        regarded as having become, on admission, a patient to whom section
        40AFA applies; the proprietor of the nursing home shall apply to the
        Secretary for classification of the patient.

"(2) The proprietor of an approved nursing home shall apply to the Secretary
for the further classification of each patient in the home whose
classification is about to expire.

"(3) An application under subsection (2) may not be made earlier than one
month before the classification (in this section called the 'previous
classification') of the patient expires.

"(4) An application shall be in writing in accordance with the authorised
form.

"(5) A classification granted on an application under subsection (1) in
respect of a patient referred to in paragraph (1) (a) shall be regarded as
having taken effect on the day on which the patient became a patient to whom
section 40AFA applies.

"(6) A classification granted on an application under subsection (1) in
respect of a person referred to in paragraph (1) (b) shall be regarded as
having taken effect on the day on which the person was admitted to the nursing
home.

"(7) A classification granted on an application under subsection (2) takes
effect as follows:

   (a)  if the application was made before the expiration of the previous
        classification, the classification takes effect, or shall be regarded
        as having taken effect, at the expiration of the previous
        classification;

   (b)  if the application was made after the expiration of the previous
        classification, the classification shall be regarded as having taken
        effect on the day on which the application was made.

"(8) Subject to subsection (7), if an application is made under subsection (2)
before the expiration of the previous classification but the application is
not determined until after that expiration, the patient shall be regarded as
retaining the previous classification until the application is determined.

"(9) Subject to subsection (7), if an application is made under subsection (2)
after the expiration of the previous classification, the patient shall be
regarded as having the lowest classification from the expiration of the
previous classification until the application is determined.

"(10) In subsection (9), 'lowest classification' means the classification that
represents the least degree of need of nursing and personal care. Review by
Secretary of classification

"40AFE. (1) The Secretary may, at any time, review the classification of a
nursing home patient.

"(2) After reviewing the classification of a patient, the Secretary may:

   (a)  confirm the classification; or

   (b)  revoke the classification and substitute another classification.

"(3) If the Secretary revokes the classification and substitutes a higher
classification, the revocation and substitution shall be regarded as having
taken effect on such date, being a date not later than the date of the
revocation, as the Secretary fixes.

"(4) If the Secretary revokes the classification and substitutes a lower
classification, the revocation and substitution take effect on the date of the
revocation.

"(5) The Secretary shall give to the proprietor of the nursing home written
notice of his or her decision under subsection (2) and, if the decision
involves the revocation of a classification, the reasons for the decision.

"(6) For the purposes of subsections (3) and (4), a classification is lower or
higher than another according as it represents a lesser or greater need of
nursing and personal care. Review by Minister of classification

"40AFF. (1) A nursing home proprietor dissatisfied with a decision of the
Secretary under section 40AFE may request the Minister to review the decision.

"(2) The request shall be in writing in accordance with the authorised form
and shall be made within 28 days after the day on which notice of the
Secretary's decision was given to the nursing home proprietor.

"(3) The Minister shall review the decision and may:

   (a)  confirm the decision; or

   (b)  set aside the decision and substitute the decision that the Minister
        thinks appropriate.

"(4) Until a decision is made by the Minister, the making of a request does
not affect the operation of a decision by the Secretary.

"(5) Subsections 40AFE (3), (4) and (5) apply in relation to a decision on a
request under this section as if references in those subsections to the
Secretary were references to the Minister.".