Three issues remain under Support at Home: Russell Kennedy
Russell Kennedy aged care lawyers Anita Courtney, Solomon Miller, and Johanna Heaven say some questions still remain.
Three weeks into the new Aged Care Act, and the law firm has highlighted three remaining grey areas under the Government's new in-home aged care program, Support at Home.
Until recently, the message to the sector had been that all home care providers must have new service agreements in place by 1 November. However, under the new Transitional Rules, which were only released in recent weeks, Existing Home Care Agreements remain valid during a transition period. Once a participant’s contribution rate is determined and they receive a letter from Services Australia:
- Providers have 30 days to initiate finalisation or variation of the service agreement, and
- 90 days to enter into the agreement.
However, three questions remain:
- Can providers charge new prices before agreement is reached? Russell Kennedy says providers can attempt to gain consent to charge the new prices, and should do so if they can.
- Can providers charge participant contributions before agreement? This still remains a grey area.
- Can providers terminate earlier if agreement isn’t reached? Possibly, but it's high risk, warns the law firm.
For more information, read the note here.
