Federal Court determines that Asset Replacement Charges and Capital Refurbishment Fees are prohibited under the Aged Care Act 1997
The recent Federal Court decision of Regis Aged Care Pty Ltd v Secretary, Department of Health [2018] FCA 177 (Regis Case) examined whether capital refurbishment fees could be lawfully charged without breaching a providers’ obligations under the Aged Care Act 1997 (the Act). Background Since 1 May 2016 all residents entering Regis aged care […]
ReadmoreVoluntary Assisted Dying Bill 2017
The Voluntary Assisted Dying Bill 2017 passed though the Victorian Legislative Assembly on 29 November 2017. The law will go through an 18 month period of implementation before individuals can request access to voluntary assisted dying. However now is the time to start to consider how this legislation will impact on your organisation as a […]
ReadmoreReport on the review of the National Aged Care Quality Regulatory Process – what does it recommend and what may it mean for aged care providers?
The National Aged Care Quality Regulatory process underwent a review which examined Australia’s current aged care regulatory system against best practice regulatory principles and included an international comparison of how Australia’s aged care regulatory system is performing. The Report concluded that the Australian system, whilst complex, it aligned well with some of the best practice […]
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
ReadmoreAre you ready for changes to the National Quality Framework?
From 1 October 2017 changes to the Education and Care Services National Law and Regulations (as implemented across Australia) will take effect in all States and Territories, except in Western Australia where the changes will take effect from 1 October 2018. A revised National Quality Standard will also take effect in all jurisdictions from 1 […]
ReadmoreIncrease in preventable deaths in aged care
A study conducted by Monash University and the Victorian Institute of Forensic Medicine has revealed an alarming rise in the number of premature and potentially preventable deaths occurring in Australian nursing homes over the past decade1 . The study The study, led by Professor Joseph Ibrahim, head of the Health Law and Ageing Research […]
ReadmoreDon’t throw good money after bad
We are noticing a marked increase in the number of outstanding debts to aged care providers with residents or their representatives not paying the agreed fees and charges. What is becoming increasingly evident is that the outstanding amounts accrued, at the time we are notified, can be in the tens if not hundreds of thousands […]
ReadmoreIntroduction of new home care agreements to comply with legislative commencing 27 February 2017
We are pleased to announce that we are rolling out a new Home Care Agreement in anticipation of the legislative amendments to home care which will commence on 27 February 2017. In broad terms, the reforms to home care will see greater flexibility given to the consumer to move between home care providers. Further, there […]
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