Responsibilities related to Registered Nurses
Under new amendments to the Aged Care Act 1997, an approved provider who provides residential care or flexible care in a residential facility, must ensure that a registered nurse is on site, and on duty, at all times.
Exemptions
An approved provider may seek an exemption from the 24/7 registered nurse requirement.
The Quality of Care Principles are expected to provide further information on the grant of an exemption. However, the Explanatory Memorandum to the Act states that the circumstances in which an exemption may be granted include:
- residential care facilities that are co-located with a health service where registered and enrolled nurses are present; and
- residential care facilities in regional, rural and remote areas where the provider has been unable to recruit sufficient numbers of staff with the requisite skills.
Before an exemption will be granted, an approved provider must satisfy the Secretary that reasonable steps have been taken to ensure that the clinical care needs of consumers will be met whilst the exemption is in force.
The exemption, if granted, is not permanent and cannot be in force for longer than 12 months but residential care facilities will be permitted to reapply for an exemption annually. Information about the exemption, including the period of the exemption and any conditions applicable, will be made available to the public.
Other amendments
From 1 January 2023, approved providers will not be permitted to charge exit fees to residential care recipients and administration charges under the Home Care Packages program will be capped.
In an effort to increase accountability and transparency of residential aged care homes, from 1 December 2022 the Secretary must, in accordance with the Information Principles 2014, make publicly available certain information in relation to aged care homes. The information will include details on provider operations such as expenditure on such things as care, food, nursing, cleaning, administration and profit. It will not include personal information about an individual unless they are a member of key personnel.
What can providers do to prepare?
Approved providers should review the composition of their nursing staff and rostering arrangements to determine the availability and coverage of registered nurses over a 24-hour period. To ensure compliance with the Act, any rostering changes and/or employment of additional registered nurses will need to be addressed by 1 July 2023. Where it is determined that having a registered nurse on duty 24/7 is not feasible, approved providers should consider whether it is appropriate to seek an exemption.
For more information, or to discuss how we may be able to assist your business, please contact Panetta McGrath Lawyers on (08) 9321 0522.
