Month: April 2019

The recent coverage around the Australian Competition and Consumer Commission (ACCC) filing in the Federal Court against Bupa marks a first in the regulation of aged care providers. The ACCC claim that Bupa has contravened the Australian Consumer Law (ACL) by listing extra services in its resident agreements that it did not ultimately provide.

While the case relates to extra services, many providers may be anxious that it will impact the regulation of additional services. We’ve set out some information around the key questions providers may have below.

Will extra services and additional services be considered together?

Despite the historical similarity between extra services and additional services, there are key differences between the two regimes. However, additional services were brought in to replace extra services in 2015 and as such, the two are connected. It is our view that while there is the potential that the Federal Court will consider all services provided for an extra charge together, this case really relates to whether or not what was promised was delivered.

Read more:

Bupa case and the impact on additional services

The Australian Aged Care Quality and Safety Commission has appointed Dr Melanie Wroth as its first Chief Clinical Advisor.

Commissioner Janet Anderson (image) said Dr Wroth, who has an extensive background in geriatric medicine, will provide expert clinical advice to Commission staff and also assist aged care providers to source and access guidance on best practice clinical care for people receiving aged care services.

“This appointment comes at an important time, as the Commission and the aged care sector move towards the introduction of new Quality Standards and a new Charter of Aged Care Rights from 1 July,” she said.

Within the Commission, Dr Wroth’s work will include supporting staff by making available evidence-informed clinical advice about quality and safety in aged care, and providing advice on concerns raised by care recipients or others in relation to a particular service provider.

Read more:

Aged Care Commission appoints Chief Clinical Advisor (.pdf)

The Royal Commission will hold a public hearing in Sydney from:

? Monday 6 May 2019 to Wednesday 8 May 2019, and
? Monday 13 May 2019 to Friday 17 May 2019.

The public hearing will inquire into:

• the perspective and experience of people in residential aged care and people living with dementia, and their family and carers
• quality and safety in residential aged care, particularly for people living with dementia
• the use of restrictive practices in residential aged care
• the extent to which the current aged care system meets the needs of people in residential aged care
• good practice care for people living with dementia, particularly in the context of residential aged care.

Read more:

Sydney Hearing

The Royal Commission into Aged Care Quality and Safety announced a new Community Forum event.

? Friday 3 May 2019
? 09:30 am to 12:00 pm
? White Night Receptions, 42 Hampstead Road, Maidstone, VIC 3012

Open to the public, these forums will be an opportunity for members of the local community to hear about the work of the Commission and to offer their ideas on the challenges, strengths and opportunities to improve aged care.

Read more:

Community Forums

To guarantee a seat, please book your place no later than Wednesday 1 May by:

Eventbrite

The Commission continues to update its new website and the details on the Re-accreditation of residential services.

We have also heard from several clients recently that Outcome 1.6: Human Resource Management has been given a greater focus on recent unannounced visits.

Please be prepared for this and as noted:

On the first day of the site audit, the assessment team will provide the person in charge of the service the Numbers of personnel in the service form to be completed. This will assist the assessment team to assess the service’s performance against Expected Outcome 1.6 Human resource management.

This is then combined with observations from the Assessors of the number of staff on duty that day and the tasks they are performing for your residents.

You can assume this is also going to be a key focus in preparation for the new 1 July Accreditation Standards where there is no longer just x1 Outcome but an all-new dedicated ‘Standard 7‘ for Human Resources with x5 Requirements.

One of the 4 key concepts is:

• The sufficiency of the workforce – Organisations providing care and services are expected to have enough skilled and qualified staff to meet consumers’ needs. Organisations are responsible for using Australian Government funding to make sure they have the staff numbers and mix of skills needed to provide consumers with quality care.

Specifically, Requirement 7a

• The workforce is planned to enable, and the number and mix of members of the workforce deployed enables, the delivery and management of safe and quality care and services.

Read more:

Re-accreditation of residential services – Outcome 1.6: Human resource management

Numbers of personnel in the service form (.doc)

Fact Sheet EO 1.6 Human resource management for providers (.doc)

Standard 7 – Human Resources (.pdf)

Requirement 7a

In Case You Missed It – Below are links to recent articles on Aged Care and Healthcare that may be of interest:

How can we heal aged care when funding relies on us staying sick?

Should Personal Carers Be Required To Pass The Same English Literacy Standards As Nurses?

Rural and remote aged care workforce receives funding boost

Senate calls on government to respond to decade of aged care reviews

Are Activities In Aged Care Homes Based Upon Participation Rather Than Enjoyment?

$2.6 million in funding boosts to support aged care consumers

Bupa Aged Care faces ACCC action over alleged false claims at aged care centres

Adelaide aged care worker jailed nine months for assault

Government to trial CCTV in aged care

New aged care assessment forms sweep away red tape

Australian-first CCTV trial for aged care facilities as elder abuse continues to be captured

Due to popular demand, the commission have scheduled additional standalone half-day workshops in each state following their sold out Preparing for the new Standards events.

These workshops are activity based and designed to support participants to understand and apply the Standards. During the workshop you will have the opportunity to practice applying them in relation to consumer and service issue case studies. In doing so you will consider what the consumer outcome focus means for aged care providers.

Duration: Half day (3.5 hours)

Cost: $220 (inc. GST) per participant. Includes light refreshments only.

New dates:

Register now

The 2019-20 Health Portfolio Budget Statements inform Senators and Members of Parliament of the proposed allocation of resources to Government outcomes by entities within the Health portfolio.

Read more:

2019-20 Health Portfolio Budget Statements (.pdf)

Health Portfolio Overview (.pdf)

Department Outcomes – 6: Ageing and Aged Care (.pdf)

The Liberal National Government is investing a record $104 billion in 2019–20, up from $75 billion in 2012–13, as part of a comprehensive, patient-focused investment of $435 billion over the next four years.

It guarantees Medicare, makes a range of life-saving medicines and services more accessible and affordable, reduces out-of-pocket costs, strengthens primary care and mental health and invests in breakthrough medical research.

Supporting senior Australians

We have increased funding for aged care by $7 billion over the forward estimates, up from $13.3 billion in 2012–13 to $20.5 billion in 2018–19 to $25.4 billion in 2022–23.

Read more:

Record Investment Advances Long Term National Health Plan (.pdf)

In this edition:

• Commissioner message
• Single Charter of Aged Care Rights
• Don’t miss out on workshops for the new Standards
• New Standards video production
• Consumer Experience Reports testing in home care moving ahead
• Providers encouraged to use Commission resources to prepare for the new Standards
• Get involved: Advance Care Planning
• New Plans to ensure inclusive aged care
• Commission complaints resources now available in 24 languages

Read more:

Aged Care Quality Bulletin #3 – March 2019