May 29, 2019

New aged care regulations expected to cause spike in non-compliance

The new aged care regulations are due to come into effect on 1 July, and while providers have been busy preparing for the change, there remain some gaps that could make it difficult for them to comply and the Quality Commission has said it expects a spike in non-compliance.

At the Criterion Governance in Aged Care conference held in Sydney today, Pat Sparrow, CEO, Aged and Community Services Australia, said that while ACSA support the new quality standards, some gaps in the guidance materials remain that could make it difficult for providers to comply.

“I am most definitely not contesting the new regulations,” she said. “Most people agree with the new standards.”

The new standards require new attitudes, new policies, new procedures, new systems, and new training, she noted.

“But there are some real issues we need to talk about,” she said.

Guidance materials only released four months ago

Ms Sparrow said the guidance materials for providers have only available for four months.

“We’ve known they’ve been coming for 12 months, but the guidance materials only been made available in the last four months,” she said.

IMG_8561
Pat Sparrow, CEO, ACSA speaking at Criterion’s Governance in Aged Care conference.

Ms Sparrow also noted that there are some gaps in the new regulations, meaning it’s almost impossible for providers to know how to fully prepare, even at this late stage.

Open disclosure framework needs to be “nailed down”

“We’re still waiting for open disclosure framework,” she said.

The current definition is “much broader” than the health department’s. She said ACSA’s view is some issues are better dealt with through feedback and complaints, rather than the open disclosure framework.

“It’s very important it’s nailed down,” she said. “There’s going to be incredible confusion when assessors come in if we haven’t got the framework locked in for open disclosure,” Ms Sparrow said.

Ms Sparrow also said she was concerned about the time and resources it will take to have all aged care residents and recipients of home care services sign a charter of rights.

Questions remain about consent in cases of chemical constraint

Clinical guidance materials, which lay down the requirements for the use of physical and chemical restraints, are not out yes, Ms Sparrow noted.

“Consent in relation to chemical restraint needs to be clarified,” she said, as the draft legislation is “silent on this point”.

Ms Sparrow said there is confusion about who is responsible for consent when prescribing chemical restraint. Some believe it is the provider’s responsibility, while others say it’s the doctor.

Ms Sparrow said ACSA is working with the AMA on this point.

Ms Sparrow said there was also concern about the level of training of the assessors, especially around being able to communicate with those living with dementia.

“With 5.5, six weeks to go, we have a number of things that are not clear. We can’t be 100 per cent ready for 1 July until we are clear, and we’ve only had the guidance materials for four months,” Ms Sparrow said.

“We expect a spike in non-compliance”

A member of the audience asked if providers will be given a transition period to comply fully when the new standards come in on 1 July.

“It’s unlikely there’ll be grace period,” Ms Sparrow said, noting the intense scrutiny the sector is under.

Pam Christie, executive director, industry engagement and communications with the Aged Care Quality and Safety Commission, said it’s likely some providers won’t meet the new quality standards when they come in on 1 July.

“We do expect a spike in non-compliance, and that’s what everybody does expect,” she said.

While the Quality Commission will have an obligation to notify the provider, set a timetable for improvement, and to notify the Department of Health, “we do have the ability to be proportionate in how we respond,” she said.

“If it is an isolated incident of non compliance and the provider had a good history of compliance, then the response is going to be different than if we’re very concerned about safety,” she said.

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
Advertisement
Advertisement

Calls for greater transparency in how aged care dollars are being spent

Understanding how government dollars are being spent in aged care facilities is turning out to be one of the most contentious issues facing the sector. Billions of dollars are being poured into the sector every year, but we don’t know how the money is being spent. When HelloCare asked our readers if they were prepared to pay a one per cent higher tax rate to fund the necessary reforms in aged care, our readers came back with a resounding ‘no’. Read More

Do Nurses Working in Hospitals Look Down on Aged Care Nurses?

What you do on a daily basis, eventually becomes part of who you are as a person. And while personal aspirations can vary, there’s no denying the fact that having a fulfilling career is an achievement that lends itself to personal happiness and feeling valued. While there are a number of career paths that seem... Read More

Stress Can Cause Heart Attacks and Strokes, According to Research

About 54,000 Australians have a heart attack every year, and in 2015, 8,443 people died from them. Meanwhile, it is estimated that in 2017 there will be 55,000 strokes among Australians, 80 percent of which could be prevented. For both stroke and heart attack, there are a few risk factors that can’t be controlled, such as age and family history, but... Read More
Advertisement