What you need to know: Aged Care Act Exposure Draft & Support at Home program
5 minute read
New Developments in the Exposure Draft and S@H
Just when we thought DoHAC Santa was going to put coal in our stockings, they have released the new Aged Care Act exposure draft and have given us some more detail about the future of S@H in their update webinar.
Overall, the Aged Care Act proposals haven’t shifted much from earlier consultations, apart from the new provider registration categories. We reckon if you are interested enough to be reading this article, you know the potential changes announced so far, so we will focus on the new bits.
S@H Objectives
The S@H objectives include that it be an “efficient system that adds social value” and “financially sustainable”. The recognition of the vital role the sector plays is very welcome and let’s hope it’s matched by the funding needed to make ‘sustainable’ more than a thought bubble. And remember we are still waiting on the Taskforce to decide on whether the new funding will come from a new tax or more user pays. It this a good time for a new tax Minister, or should we just wait till pigs have wings?
A new provider registration process
It seems the dramas of NDIS provider registration requirements (or lack of) might have influenced the thinking with the Act. Every service provider will have to be registered and they are introducing many new concepts such as ‘registered provider’, ‘associated provider’, and then as part of the conditions of registration there’s ‘responsible person’, ‘supporter’, ‘representative’ ‘significant failure’, ‘systematic pattern of conduct’ and ‘high quality care’. Some important (and scary) concepts to get our heads around there.
Existing Home Care and CHSP providers get to Advance Directly to Go by being deemed as being already registered. But hold on to the $200, you may need it with further consultations in early 2024 on how services are to be deemed into categories. New providers will need to get themselves registered.
The table below describes the categories and service types in the new registration system. Providers can register across more than one category.
New quality standards
The new draft revised Aged Care Quality Standards have been released, check them out at https://www.health.gov.au/sites/default/files/2023-12/the-strengthened-aged-care-quality-standards-final-draft-november-2023.pdf
Some of them look a lot like the NDIS standards, so some valuable lessons can be picked up there. Guidance material is being developed in the first half of 2024 and they tell us there may still be some changes ahead.
Single entry point for all aged care services
No surprises here, we are getting common eligibility criteria across all programs with a single assessment system, starting in July 2024.
New compliance measures
The draft Act outlines a duty of care for registered providers and a ‘compensation pathway’ for participants. Critical failures powers are still under development – a major concern for providers who will be open to criminal penalties. Whistleblower protections are included with the only requirement that they ‘have reasonable grounds’ for their concern.
The Regulator
The regulator is bulking up in the new year (like many of us), with
More power
Criminal penalties for getting stuff wrong
The ability to suspend or revoke your registration
Providing client access to compensation
Two levels of civil penalties for breaching conditions of registration
Decision Making
The Act outlines new mechanisms for older people to appoint a supporter to receive information or a representative to make decisions on their behalf. Supported decision making is a complex area that will get more air time and also likely get more complex as we go.
S@H Funding
Individuals will be allocated to a funding classification and have an initial support plan developed at point of assessment. Their quarterly budget will be set with a maximum of $1k saved per quarter towards ‘irregular service needs’. There will be a standard service and price list set by Government on the advice of IHACPA. There will be an option to vary services within the budget and pool funds for common services e.g. in a retirement village.
Block funding will be available to provide flexibility where appropriate and on a 3 to 5 year basis. Thin market grants will be available for services with fewer than 500 clients or operating in large rural towns or anything more remote than that (MMM3-7) or servicing CALD, ATSI or other specialised needs.
Short Term Service Pathways
Short term service pathways will commence in 2025 for restorative care and end-of-life care and from 2027 home help. The new Assistive Technology and Home Modification scheme starts in July 2025 but will not be fully operational across all states until 2027.
Choice of S@H Providers
From 2025-2027, there will be a single provider as occurs now in HCP. From July 2027, participants will be able to choose one provider or multiple providers.
Care Partners
Also not until 2027, the participant will be able to choose a care partner (case manager) either from their service provider or independently. Until then the care partner will be from within the client’s service provider and they tell us there’s a ‘bit more work’ to be done on the care manager concept. It is also unclear how self management will operate in the new world.
So that’s our Christmas present from DoHAC. It’s not something you are going to be able to regift, this one is yours to keep.
Comments can be made on the draft up until 16 February 2024, the draft Bill is at https://www.health.gov.au/sites/default/files/2023-12/exposure-draft-aged-care-bill-2023.pdf.
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