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aged care legislation

aged care legislation

So you’re a home care provider who enters into brokerage arrangements … or are you?
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So you’re a home care provider who enters into brokerage arrangements … or are you?

‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who engages a third party service provider can do so under a brokered model (as an agent) or under a subcontracting arrangement (as principal to a subcontractor)....

  1. Aged Care Blog

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Home Care Pricing Transparency and Comparability - 30 November 2018 and beyond

In March 2018, the Minister for Senior Australians and Aged Care, the Hon Ken Wyatt AM MP, convened a policy roundtable, to discuss a proposed approach to transparency and comparability of home care pricing. This came in response to increasing concerns raised by senior Australians and their families about a lack of transparency and comparability of pricing information, and high administration prices being charged by some home care providers....

  1. Aged Care Blog

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Recommendation for mandatory RN care in residential aged care facilities

The House of Representatives Standing Committee on Health, Aged Care and Sport released the final report on Quality of Care in Residential Aged Care Facilities on 22 October 2018 (the Report).  The Report comes after a series of government inquiries into aged care and with the aged care royal commission being called toward the end of the inquiry (the Terms of Reference of which can be read here)....

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Royal Commission Terms of Reference released

As expected, the Terms of Reference are broad and they can be reviewed here. Of note, the Terms outline the scope of the quality and safety matters that the Commission will look at which include, but are not limited to: dignity, choice and control, nutrition, medication management, end of life care, systems to ensure that high quality care is delivered, such as governance arrangements and management support systems....

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Another inquiry into aged care? What is the Aged Care Royal Commission, and how will it be different?

Prime Minister Scott Morrison has announced the Government's decision to ask the Governor General to establish a Royal Commission into the aged care sector.  This is not the first government investigation into aged care in recent history. What is a Royal Commission? A Royal Commission is a public inquiry established under the Royal Commissions Act 1902 (Cth) (“Royal Commissions Act”)....

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Federal Court dismisses bid to charge Asset Replacement Fee

Regis had commenced the proceedings seeking a declaration from the Court that the Asset Replacement Charge (ARC) may be lawfully imposed without contravening the Aged Care Act or its associated regulatory instruments. All individuals entering Regis’ facilities from 1 May 2016 have been asked to sign an agreement, which includes an agreement to pay the ARC. Regis ...

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Notifiable Data Breach scheme commences

From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information security obligations under the Privacy Act 1988 (Privacy Act). All private sector health and aged care organisations are affected by the scheme requiring them to notify the Information Commissioner and any individuals likely to be at risk of serious harm in the event of an eligible data breach....

  1. Aged Care Blog, Health Blog

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Coroner refers Nursing Home to OACQC

In August 2012 Mr R was admitted to a high care nursing home facility, where he required assistance with all daily living tasks and was unable to mobilise independently. 31 days after his admission he was noted to have pressure sores on his heels. In November 2012, further pressure sores were observed on his hip. On 6 February 2013, the wounds were noted to be necrotic. On 15 February 2013, it was recorded that Mr R had lost 5....

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Move to mandate staffing ratios

The Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Bill 2017 is seeking “to enhance the level of care provided by aged care facilities nation-wide” according to Senator Derryn Hinch’s Second Reading Speech. The Bill proposes that a minimum adequate and safe ratio of appropriately skilled staff to care recipients be mandated in the Quality of Care principles, based ...

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Employer Successfully Rebuts Aged Care Worker’s Bullying Claim

The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office;, she was detained against her will when she was asked to complete paperwork regarding a car accident at the end of her shift;, the manager’s concerns about timekeeping ...

  1. Aged Care Blog, Employment Law and Workplace Relations Blog

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Consumer Protection announces review of retirement village contracts

Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One focus of the investigation will be the 'deferred management fees' or 'deferred residency fees' often payable when a resident vacates their unit....

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Elder Abuse under Review

The Report, released on 14 June 2017, follows an inquiry held to identify and model best-practice legal frameworks to promote and support older people and protect against misuse or advantage taken of formal or informal supporter roles. Elder abuse is defined as a ‘single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person’....

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