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Guide to changes to the Regulatory Framework for Aged Care - Addendum June 2009

This Guide has been prepared to assist approved providers to understand the changes to the regulatory framework for aged care detailed in the Aged Care Amendment (2008 Measures No. 2) Act 2008. The Addendum (June 2009) contains new information on the legislative changes relevant to Aged Care Assessment Teams.

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PDF printable version of Guide to changes to the Regulatory Framework for Aged Care - Addendum June 2009 (PDF 27 KB)

About this Addendum

This Addendum should be read in conjunction with the original Guide to changes to the Regulatory Framework for Aged Care. It replaces the information on Aged Care Assessment Team (ACAT) Assessments in the original document to reflect the most recent advice on amendments in December 2008 to the Aged Care Act and Principles made in the Aged Care Amendment (2008 Measures No. 2) Act 2008 and the Approval of Care Recipients Amendment Principles 2008 (No 2).

Aged Care Assessment Team (ACAT) Assessments

The Aged Care Assessment Program (ACAP) is an initiative of the Australian Government which funds state and territory governments to operate Aged Care Assessment Teams (ACATs). In 2008-09 the Australian Government provided $72.36 million for the operation of the ACAP.

The role of ACATs is to assess the care needs of older people and to determine their eligibility for Australian Government-funded services – such as community aged care, high and low level residential care, residential respite care and transition care.

The changes to the legislation outlined below aim to remove unnecessary reassessments, helping ACATs focus on clients most in need of their services. An older person can of course still be reassessed at any time if their care needs change.

There are changes to the lapsing of some approvals as follows:

Care not received From 1 July 2009 all current approvals for the following care types will not lapse if a person has not received the type of care:

• Residential respite care (high and low level)
• High level residential care
• Extended Aged Care at Home (EACH)
• EACH Dementia (EACH D) Package

Top of page This means all approvals made for these care types on or after 1 July 2008 - and which were not time limited so that they expired before 1 July 2009 - will not lapse.

Approvals will continue to lapse for Community Aged Care Packages (CACPs) if a person is not provided with community care within 12 months starting on the day after the approval is given.

Approvals will also continue to lapse for low level residential care if a person is not provided with the care within 12 months starting on the day after the approval is given.

Approvals will also continue to lapse for transition care if a person is not provided with the care within 4 weeks beginning on the day after approval.

Break in care From 1 January 2009 all current approvals for people who have received high level residential care or residential respite care (high and low level) will not lapse irrespective of when the approval was made and even if there is a break in care. This was already the case from 20 March 2008 for CACP, EACH and EACH D.

Approvals will continue to lapse for low level residential care if a person has commenced receiving care, and there is a break in care lasting more than 28 days which occurs after the lapsing period of 12 months (beginning on the day after approval) ends.

Approvals will also continue to lapse for transition care if a person has commenced receiving care, and there is a break in care of at least one day after the lapsing period of four weeks (beginning on the day after approval) ends.

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There are changes to eligibility for approvals for EACH D or EACH Packageas follows:

From 1 January 2009 if a person is eligible to receive an:


• EACH D Package – the person is also eligible for an EACH Package or a Community Aged Care Package (CACP) as an alternative to an EACH D Package
• EACH Package – the person is also eligible for a CACP as an alternative to an EACH Package.

The changes to eligibility for EACHD and EACH approvals mean that approvals in a community setting will now align with approvals in a residential care setting. An approval for a person limited to high level residential care (and who is also eligible for EACHD or EACH) will not prevent the person from receiving (low level) community care.

References

Sections 23-3 of the Act and sections 5.7, 5.7AA, 5.9, 5.13A and 5.14 of the Approval of Care Recipients Principles 1997 (as amended).

If you require further information about this new arrangement please phone the Aged Care Information Line on 1800 500 853.

Further information and answers to questions about changes to the regulatory framework for aged care, which take effect by 1 July 2009, can be found at www.health.gov.au
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