Residential Aged Care Funding (Schedule 1)
Commencement 1st October 2022
Each care recipient will be assigned AN-ACC classification level to calculate a variable amount of the residential aged care subsidy.
The transition from the ACFI to the AN-ACC will be automatic and Services Australia will calculate and pay subsidies to providers based on the new AN-ACC classifications for residents from 1 October 2022.
As part of the 2022-23 Federal Budget, it was announced that the AN-ACC model would start at $216.80 for a standard day of care, with other care requirements, such as dementia-related care, receiving additional funding.
This is an increase of up to $23.00 per day from the ACFI model for a standard day of care.
The Budget also allocated $20.1 million to support the transition from the ACFI model to the AN-ACC.
Section 4 revokes the conditions limiting number of respite days a provider can offer under Part 2.2 Aged Care Act, i.e. providers will be able to offer more residential respite days.
Star Rating (Schedule 2)
Commenced. Will ‘go live’ on My Aged Care site by end of 2022
Introduces a star rating system to be used by the Secretary of the Department of Health and Aged Care to provide information about residential aged care providers to the public via My Aged Care website.
This will include an overall rating and ratings against four sub-categories:
- Quality indicators: pressure injuries, physical restraint, unplanned weight loss, falls and major injury medication management;
- Service compliance ratings (refers to the regulatory activities undertaken by the Aged Care Quality and Safety Commission);
- Consumer experience;
- Staff minutes of care.
Secretary will not be liable for any loss suffered by a provider or any other person as a result of publication of the star rating.
Code of Conduct (Schedule 3)
Commences 1 December 2022
Approved providers and aged care workers will be required to comply with the Code of Conduct. The Code is currently being drafted. A failure to comply with the Code may result in a sanction being imposed. It may also result in a civil penalty order being made.
The Aged Care Quality and Safety Commissioner has significant powers for the monitoring, investigation, and enforcement of compliance with the Code. The enforcement powers will include newly introduced banning orders.
Banning orders can be imposed on current and former aged care workers and governing persons of approved providers. These orders will prohibit or restrict them from being involved in the provision of aged care (any type or specified types) or from engaging in specified activities. Civil penalties may also apply for a breach.
Before making a banning order, the Commissioner must give written notice of their intention to make an order and invite the person to make submissions about the proposed order within 14 days of receipt of the notice. The Commissioner will establish and maintain a register of people against whom a banning order is made.
A banning order is a reviewable decision.
Extension of Incident Management & Reporting (Schedule 4)
Commences 1 December 2022
SIRS is extended from residential care to home care and flexible care delivered in a home or community settings.
This includes implementation and maintenance of an incident management system compliant with the Quality of Care Principles.
Governance and Key Personnel Reporting (Schedule 5)
1 December 2022 Existing approved providers have to 1 December 2023 in relation to changes to governing bodies.
New governance responsibilities for approved providers are introduced under Schedule 5 of the Act. These include measures to improve leadership and culture, establishment of new advisory bodies and governance responsibilities in relation to the membership of the providers’ governing bodies.
The approved provider must establish a quality care advisory body. That body is required to give the governing body a written report about the quality of the aged care that the provider provides at least once every 6 months.
Approved providers must also, at least every 12 months, offer care recipients and their representatives the opportunity to establish a consumer advisory body to provide feedback about the quality of care being provided.
Approved providers will also be subject to new reporting responsibilities. They are required to give information to the Secretary about their operations on an annual basis. This information is intended to be made publicly available. However, this is subject to the Implementing Care Reform Bill which has not yet been passed.
They must also notify the Commissioner of the occurrence of certain events relating to key personnel, to enable the regulator to know who is controlling or directing the activities of approved providers. Notice must be given within 14 days of the event occurring.
Approved providers will be obliged to consider suitability matters relating to key personnel at least once every 12 months. Failure to comply with this obligation will be an offence.
Information Sharing (Schedule 6)
Commenced
Provisions to facilitate information sharing between Commonwealth bodies across the aged care, disability and veterans’ affairs sectors have been introduced. The Secretary will be able to disclose protected information (as defined under the Aged Care Act) to Commonwealth bodies under certain circumstances. Information from the NDIS Worker Screening Database will be shared with the Commissioner and Secretary. Information regarding non-compliance with the Code of Conduct can also be shared with worker screening units.
Use of Refundable deposits and accommodation bonds (Schedule 7)
Commenced
The Secretary or Commissioner is able to request information or documents from a provider or borrower of a loan made using a refundable accommodation deposit or bond under Schedule 7. Not complying with this request will be an offence.
The liability period for the existing offences for the misuse of refundable accommodation deposits is extended from 2 to 5 years.
Independent Health and Aged Care Pricing Authority (Schedule 8)
Commenced
The functions of the renamed Independent Health and Aged Care Pricing Authority (Pricing Authority) are expanded to the provision of advice on health care pricing and costing matters, aged care pricing and costing matters and the performance of certain functions conferred in the Aged Care Act (related to the approval of fees and access to data to assist this). There are also changes to the governance arrangements of the Pricing Authority.
Restrictive Practices (Schedule 9)
Commenced
The Quality of Care Principles may make provision for, or in relation to, the persons or bodies who may give informed consent to the use of a restrictive practice in relation to a care recipient if the care recipient lacks capacity to give that consent.
An approved provider (or individual) is not subject to any civil or criminal liability for, or in relation to, the use of the restrictive practice in relation to the care recipient if:
1. informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and
2. the restrictive practice was used in the circumstances set out in the Quality of Care Principles
