What is a Home Care Agreement?
All people receiving care under a Home Care Package must be offered a Home Care Agreement. This is an agreement between you and your home care provider that sets out what care and services they can give you; and if the Provider themselves does not have the expertise, they will/should broker out on your behalf. The approved provider must offer the home care agreement to the care recipient Before the agreed start date for the delivery of care and services. If the care recipient is unable to sign the agreement, a representative may do so on their behalf.
What is a Home Care Agreement?
What’s in it?
When you start a Home Care Package, you and your provider make an agreement that outlines the services you will receive. The agreement describes your rights and the provider’s rights. It will also refer to other documents like your budget and agreed care plan. Home Care Agreements are legally binding.
What’s the difference between a ‘provider’ and a ‘service provider’?
Only an approved Home Care Package provider can host a Home Care Package. Approved providers have satisfied the Department of Health’s legal and social requirements to administer packages on behalf of consumers. A service provider is any company that delivers the actual service or hours of care, such as direct care services, gardening, podiatry, home cleaning, personal care etc. Some Home Care Package providers are also service providers as they employ their own direct care staff. It is expected that all providers are able to buy direct care and other services from external service providers as well.
Legal informationHelp managing your affairs
If you are thinking about accessing aged care, you may want to think about who will manage your affairs as you age. You may choose to give someone you know and trust powers to make decisions for you.
Powers of attorney, enduring powers of attorney and enduring guardians
If you need help managing your affairs, you can choose to give someone you know and trust, or a specialist organisation (such as the Public Trustee and Guardian in NSW) the power to make decisions for you. This will allow the person to manage your affairs when you do not want to, or are no longer able to. For example, a person may find it hard to sign documents because they have poor eyesight or unsteady hands.
Depending on your situation, this may include:
The approved provider must inform and help the care recipient to understand the terms of the home care agreement, their rights and responsibilities regarding the receipt of care and services, and the services being provided.
The approved provider must also help the care recipient to understand what fees they will be charged by reflecting the approved provider's fees policy and the fees negotiated with the care recipient, in the home care agreement. Know too, that the daily care fee IS negiotable. In addition, the amount of exit fees* (further down this page) should be in your Home Care Agreement so that you are not caught unawares when/if you want to move to another Provider.
Aged care minister Ken Wyatt has written to home care providers reminding them they will be required to participate in a pricing comparison table on the My Aged Care website from mid next year.
It will also become mandatory for them to publish their pricing schedules on the portal’s Home Care Package Service Finder.
The moves are designed to increase transparency and help older Australians better assess costs so they can make an informed choice about their home provider, Mr Wyatt told Aged and Community Services Australia.
The measures are expected to come into force from June 2019 and October 2018 respectively.
12 July 2018
Do remember too, that any 'contingency funds' - that extra $ your Provider may have suggested you contribute to your account for 'those extra emergencies/a buffer' to have should you require that bit extra for your care is to be Fully Refunded to YOU, the client, when/if you leave their care. Bear in mind that if you leave home care altogether (e.g. you go into residential care, or upon your death), the unspent home care subsidies from the government will be returned to the Commonwealth. Previously, unspent Government funds, plus those "contingency funds" which amounted to millions of dollars across the sector, were retained by the Providers when the client - YOU, left that particular Provider.
The Provider will also be required to disclose to YOU, the consumer, in your home care agreement, other matters which could restrict the portability of your Package, such as minimum contractual periods (there actually is none)* and required notice to leave a package (there actually is none),* although there is a new responsibility for the consumer to tell the approved provider and their staff of the day YOU intend to cease to receive services. Do be aware that a 'high' exit fee 'could' discourage you from changing to another Provider in the future... - You Do Not Have To Agree To This... If in doubt, take the paperwork away and talk it over with a trusted family member or another trusted person of your choice, BEFORE you sign and commence a home care package with that Provider. The Exit $ Must be published on My Aged Care site.
If you need help, an advocate can be made available through ADA Australia. Just give them a call on 1800 818 338.
Since 27 February 2017, the package (Level 1, 2, 3 or 4) goes to YOU. You choose your own Provider and the Government then gives them the $ to spend on what YOU Want. Do be aware that some Providers are charging joining, upgrade or exit fees for their in home health and wellbeing services. This is Not Mandatory, and should any Provider place these restrictions in your New Home Care Agreement, Do NOT sign it. You do NOT have to pay for these. Only those things which YOU have agreed to can be placed in your new Home Care Agreement. If this is happening to You, do not sign and immediately look around and choose another Provider.
“$50,000 Should Not Translate To Just Nine Hours Of Care,” Royal Commission Hears
by Caroline Egan. https://hellocaremail.com.au/home-care-delivered-hours-care-royal-commission/
Home care was under the Royal Commission’s spotlight on Monday, as the second set of hearings began.
19 March 2019
Providers have responsibilities to support consumers to understand the new Charter of Aged Care Rights comes into effect from 1 July 2019.
From 1 July 2019, providers must give consumers a copy of the new Charter signed by the provider, and ensure that the consumer or their authorised person has been given a reasonable opportunity to sign a copy of the Charter.
Note: As there is no legislation mandating a particular time - it is whatever is jointly agreed between You and your Provider. Note though, that a new responsibility is now included for a consumer to tell the approved provider and their staff of the day the consumer intends to cease to receive services.
Many of those Providers who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned to the consumer.
As a potential Customer, do be aware of what your Home Care Agreement ACTUALLY says: Do Not Sign it until you have had it all explained to you AND YOU UNDERSTAND IT.
A potential Home Care Provider needs to bear in mind when offering your Home Care Agreement:
As a provider of home care you will want to promote your business so that you can compete for customers. But you also have to make sure that you don’t break the law by saying things to consumers that might mislead or confuse them. When you offer home care services to consumers it is important that you present information (whether it be written or verbal) to a consumer accurately, clearly and honestly. This allows consumers the opportunity to make decisions with all the facts. Under the ACL, businesses that do not do this are likely to be engaging in misleading and deceptive conduct.
Misleading and deceptive conduct can include practices such as:
Home Care Agreements need to be clear and easy to understand so that consumers are able to make informed decisions. Make sure that your Home Care Agreements are transparent, in plain language and highlight important terms, especially key information such as:
Example: A term in a Home Care Agreement says “you agree to allow the provider to place a caveat over your home to enable the collection of any unpaid fees”. This would likely be an unfair term as it is not reasonably necessary to protect the legitimate interests of the business in relation to government funded home care services and would cause significant detriment to the consumer if it were relied upon.
Download your own copy: https://www.accc.gov.au/publications/home-care-services-your-business-rights-obligations
Home care services - your business rights & obligations.
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New Aged care means assessment forms
The Department of Human Services (DHS) has released the new Aged Care Calculation of your cost of care (SA486) digital form. Your clients can fill it in online, print and sign it and send it to DHS with their supporting documents. The digital form uses dynamic questions tailored to the customers’ individual circumstances.
For clients who would prefer to use our simplified paper forms, they are as follows:
These forms are all available on the DHS website. Tips on how to download the digital form can be found here.
Aged care means tests: https://www.humanservices.gov.au/individuals/services/aged-care-means-tests
We assess your financial details to work out how much you need to pay towards aged care.
Customers commencing a Home Care Package don’t need to fill in a form if they get a means tested income support payment from Centrelink or DVA.
Customers entering Residential Care don’t need to fill in a form if they:
It is important to make sure their income and assets are up to date when they enter into care to ensure their assessment can be completed automatically. They can do this by accessing their Centrelink online account or by calling Centrelink on 132 300or DVA on 1800 555 254.
Department of Health
13 August 2019
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Even the bare bones home care management services still have management fees. These include administration and case management amounts that in some cases exceed 20 per cent of the funding. However, this is still significantly below an approximate industry average of 30 per cent with some operators charging above the 50 per cent mark.
Change to pure self-management in the industry is no longer an if, rather a when. Developments in the industry are already visible with:
24 May 2018
https://www.youtube.com/watch?v=Fz-uSLvcafc
Big Changes to Homecare since 27 Feb 2017 Explained
Published on Feb 1, 2017
An exit amount is an amount that can be deducted by your Provider in working out a care recipient’s unspent home care amount, when they cease to provide home care to the care recipient. The maximum exit amount fee is submitted at the ‘approved provider’ level and Must be made publicly available on the My Aged Care service finder (since 27 February 2017) for all of your Provider's home care services and outlets. My Aged Care website has just been upgraded to display the average percentage of packaged funds a provider will make available, so YOU can more easily compare average administration and case management charges. The maximum 'exit amount' should be updated by the Provider through the My Aged Care Provider Portal. Note: Some Providers are choosing not to charge a fee. Do be aware though that many of those who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned.
30 January 2017
Step by Step calculation of Unspent Funds for Consumer Directed Care (CDC) Home Care
November 2, 2016
The Department of Health has released a Step by Step guide on how to calculate unspent funds. More detail is required than most expect.
Read the full report
https://agedcare.health.gov.au/sites/g/files/net1426/f/documents/11_2016/mai_example_-_calculation_of_unspent_home_care_amounts_-_.pdf
* Important Things to Remember:
An exit amount cannot be charged if the client's unspent home care amount is negative, the amount is nil. An exit amount charge cannot result in a debt to the client.
If a client is moving services but isn’t moving providers (i.e. remaining with the same provider), an exit amount cannot be charged.
If a client changes package level with the same provider, this is not regarded as the client exiting their package, so an exit amount cannot be charged.
If a client has an unspent amount, then the exit amount is deducted before calculating the Commonwealth portion and the care recipient portion (or the transfer portion, if moving providers).
The unspent home care amount is calculated based on the amount paid by the Department Human Services (DHS) payment system for the client’s period of care at the time of calculation, not the amount owed.
The new provider must notify DHS within 28 days of the client starting care, by submitting an Aged Care Entry Record.
The new provider must identify the transfer portion received from the original provider in the next monthly statement after they receive the transfer.
If a client is moving to residential aged care they are considered to be leaving the home care package and the outlined process must still occur, even if they are remaining with the same provider (i.e. the unspent amount, if applicable, must be returned to the care recipient and the Commonwealth).
Failure to pay the care recipient portion or the transfer portion (portion to the new provider) can result in a sanction.
Providers must ensure that they keep accurate records of these processes.
Monthly statements must be updated so that they no longer state that unspent funds will not be refunded, if applicable.
Your existing Provider will have 56 days to reconcile and 70 days to transfer a consumer’s (Your) unspent funds. Be aware too that during your time with a Provider, they may have suggested that you 'top up' your funds that they hold on your behalf - for those unexpected contingencies, or just to act as a buffer or for when you have an unexpected big $ purchase e.g. a wheelchair, electric bed... This Needs to be set out in your Home Care Agreement with them - just how these 'extra' funds will be treated should you leave that particular Provider. Note: Some Providers are choosing not to charge a fee. Do be aware though that many of those who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned.
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Can my provider end my Home Care Agreement?
Once you have signed a Home Care Agreement, your provider must continue to deliver your home care package services for as long as you need them. This is called ‘security of tenure’ and your Home Care Agreement should include detailed information about this.
If you wish to end your Home Care Agreement you must do so in line with the agreement you signed. This usually requires you to tell your provider in writing the day you wish to end the Home Care Agreement.
Your care plan cannot change without your agreement. Your service provider must give you a copy of any agreed changes to the care plan for your records.
The care plan must be reviewed at least once every 12 months to make sure the care and services you receive through your home care package still meet your needs. You can ask for a review of your care plan at any time if your care needs change. A home care provider may stop providing services if you do not meet your responsibilities within your control, this includes not paying your income-tested care fee.
Providers have responsibilities to support consumers to understand the new Charter of Aged Care Rights came into effect from 6 September 2019.
From 1 July 2019, providers must give consumers a copy of the new Charter signed by the provider, and ensure that the consumer or their authorised person has been given a reasonable opportunity to sign a copy of the Charter.
Any government funding will be paid to the home care provider. Your provider can then spend the funds on the items you both agreed to in the Home Care Agreement (see changes from 27 February 2017) further down this page.*
* and remember that since 27th February 2017, YOU can change your Provider whenever YOU like. You take your Package with you even if you change to a different part of Australia. After all, it is YOUR care that matters!!! YOU know what you want.
Note: A new care recipient is commencing a home care package with Provider A. The care recipient and the approved provider negotiate and agree that the care recipient will not pay the basic daily fee, but will pay the income tested care fee, depending on the fee advice issued by the Australian Government. The home care agreement for this care recipient will state that the basic daily fee is not payable but an income tested care fee will be charged depending on the fee advice received from the Australian Government.
What is an individual plan?
You will be allocated a program coordinator whose role it is to organise and coordinate services and resources necessary to develop and implement your individual plan.
The individual plan will identify agreed upon goals to be achieved through the development of skills; the securing of resources; access to and coordination of services; the meeting of social, physical, medical, vocational, recreational and emotional needs. The plan may be recorded on an individual plan form or a form designed specifically for the program.
Here are some questions you might be asked by your Provider to assist in making your plan:
During the care planning process, your service provider will need to take into account any support you already have in place, such as carers, family members, local community and other services. Your home care package is intended to meet needs that are not already met by these other supports.
As a guide, your care plan may include:
https://www.australianageingagenda.com.au/2018/04/12/key-considerations-when-negotiating-cdc-package-spending/
The Department of Health says the types of care and services provided under a home care package will depend on the person’s assessed care needs.
A package should help older people to stay at home, provide tailored services and cover a person’s care and safety needs.
If a package is used to contribute towards the cost of items within a consumer’s home, the impact on a person’s individual budget, capacity to deliver other care and services and responsibility for any maintenance should be considered, the department says.
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You can discuss the possible list of care and services further with your service provider. If you identify a type of service that you feel would best meet your identified care needs, the service provider has to do what they can to assist you to access that care or service. This may include sub-contracting or brokering services from other service providers. As this may increase the costs charged to your home care package, any additional costs should be made clear to you prior to you agreeing to the service.
____________________________Pathway to access a home care package_____________________
After you have been assessed as eligible for a home care package, follow this pathway to access and manage your services:
Search for a home care provider
Often older adults have physical health conditions which prevent them doing things they had previously enjoyed. The case managers were able to encourage participants to think about alternative ways of doing things which would provide similar satisfaction. “It is not what we do that is the most important thing, it is what we get out of doing it or what function it has for us.”
Case managers worked with people to identify what they got out of an activity they could no longer do, to look at other activities which could replace those functions and provide similar positive rewards to help them stay well.
Some of the key aspects of the intervention were:
Can someone help me with creating my care planning?
YES, You can have another person, such as a carer or family member, with you to help co-design your care.
You have the right to call on an advocate that you choose to represent you when talking with a service provider.
If requested, the approved provider must allow an advocate acting for the consumer access to the home care service. If you need help, an advocate can be made available through the ADA Australia - Advocacy by calling 1800 818 338 free call. M-F 9.30 to 4pm.
A consumer may wish to have another person, such as a carer or family member, with them to help them during the development of their care plan.
A consumer has the right to call on an advocate of their choice to represent them in their dealings with you.
Services provided by an Advocate may include:
• establishing or reviewing the Home Care Agreement, care plan and individualized budget
• negotiating the administration costs the approved provider may charge to the package budget
• presenting any complaints the consumer may have.
You have a right to be looked after properly, treated well and given high-quality care and services. To make sure you get the best care, all service providers have responsibilities and must meet certain standards.
How you are coveredIf you are receiving a Home Care Package or services under the Commonwealth Home Support Programme, service providers who deliver your care must follow the:
Charter of Care Recipients' Rights and Responsibilities for Home CareThe Charter acknowledges your rights and those of your family and carers, as well as your responsibilities. According to the Charter, services should be delivered in a respectful manner.
The Charter also says carers should be recognised as partners in care, and be able to participate in decision making in care situations when the care recipient is unable to do so.
* and remember that since 27th February 2017, YOU can change your Provider whenever YOU like. You take your Package with you even if you change to a different part of Australia. After all, it is YOUR care that matters!!! YOU know what you want.
TO COMPARE $ PRICES in Home Care
Since 1 July 2019 home care providers have needed to publish their prices in a new standardised home care pricing Schedule on the My Aged Care website. This transition to the new pricing structure may be an opportune time to analyse their current pricing policies and determine if they (the Provider) need to change their prices.
The Schedule will provide information on the common services and costs under a home care package.
This will better support senior Australians to understand and compare home care pricing information, and make a more informed decision about which provider is best placed to deliver your care.
01 July 2019
WHAT TO DO...
STEP 1: https://www.myagedcare.gov.au/find-a-provider
STEP 2: Click on "Help at Home"
STEP 3: Select your Suburb
STEP 4: Click on "Home Support Services" to get a list of Providers
OR “Home Care Package” Level 1, 2, 3 or 4
You can then click on the Providers name for their details
OR Just click on COMPARE – up to 3 at a time
and COMPARE ONE PROVIDER $ AGAINST ANOTHER... Just scroll down.
You are looking at:-
Case Management - approximate number of hours per fortnight
Price for Common Services - shown as $ per hour
Other costs:
It's quite an Eye-opener!!!
Note: when exiting your current Provider, the Maximum Amount they can charge you for 'Exit Fees'* cannot be more than the Maximum Amount that MUST have been put in your original Home Care Agreement with them.
* the Maximum Exit $ Amount for each Provider is published on MyAgedCare before it is included in your Home Care Agreement. You may also be charged some Administration Costs.
Q. What happens if I use up all my annual budget before the end of the year?
A. If you use up your individual funding amount before the end of the year, you will have to pay for any home care services you would like to still receive out of your own pocket for the remainder of the year, or choose to go without.
What to do when you want to change your Provider:
Whatever services you decide on will form your care plan including:
“There is so much change going on in that area and more transparency about the funding for instance. So people are seeing where the money is going and that is leading to people coming to us with questions about how their packages are being funded, where the money is being used and what their options are.” Aged Care Commissioner April 2016.
What is the process?
A delegated staff member will:
What is the content of the individual plan?
The individual plan will:
Conducting a Review of a Client’s Support Plan
This provides assessors with the ability to conduct review(s) of a client’s Support Plan from within the Assessor Portal. This change will allow assessors to review and, where appropriate, to amend a client’s Support Plan. If necessary, assessors will also be able to initiate a new assessment for a client following the review. This enables assessors to ensure that a client’s needs continue to be met through the services and strategies identified in the Support Plan.
WHAT IS A REVIEW?
A review by an assessor relates to the effectiveness and appropriateness of the client’s Support plan. An assessor may set a review date of the Support plan at the time of the assessment. A review may also be requested by a client or a service provider. It may be completed over-the-phone with the client.
A review by an assessor will look at the following aspects:
The reason a review has been requested and its impact on the client’s existing assessment information and Support Plan
The appropriateness of the services in meeting the client’s goals
Any new goals for the client, and associated referral(s) for service
The appropriateness of setting another review date or an end date for service delivery.
A client can have multiple reviews of their Support plan. Assessors should consider whether the client requires a new copy of the Support plan as a result of a review.
The care plan must be reviewed at least once every 12 months to ensure the package is still suitable to meet the needs of the consumer. The consumer can ask for a review of their care plan at any time if their care needs change. There may be additional costs involved if the consumer requests an unplanned review, and you can give advice about this.
The care plan cannot be changed without the consumer’s agreement. Your Provider must give YOU, the consumer a copy of any agreed changes to the care plan for their records. The agreed position and the responsibilities of the service provider/care worker and the consumer/carer should be documented and included in the Home Care Agreement between the Provider and the consumer.
What is Consumer Directed Care (CDC)?
Some Home Care Packages will be delivered on a Consumer Directed Care (CDC) basis. CDC is a new way of providing home care. It gives you more control and choice about the types of care and services you receive, how care is delivered and who delivers it to you.
Under CDC, you will determine the level of involvement you would like to have in managing your own package. You will be provided with a personalised budget so that you can see how much funding is available for services and how the money is being spent. *
The package will be signed off between the consumer and the provider (in a "Care Recipient Agreement" and care plan) with clear documentation of the elements for which the provider and consumer are responsible.
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* Admin charges on unspent funds to be disclosed on My Aged Care By Linda Belardi on February 25, 2016 in Community Care Review
Home care providers will be required to publish on My Aged Care all administration charges to be deducted from any future unspent funds should a client switch providers or permanently leave their package. The proposal for increased transparency for consumers is contained in legislation introduced into Parliament this month as part of the government’s reforms to home care, as announced in last year’s budget.
The government said all charges Must be set out in a Home Care Agreement offered to the consumer and be published on My Aged Care.
Providers will also be required to disclose to consumers minimum contractual periods and required notice to leave a package, according to the bill.
The government is not proposing to regulate admin charges, minimum contract periods or notice requirements, but said it will closely monitor practice in this area.
“If there is evidence that restrictive conditions are being included in Home Care Agreements, it would be open to the government to more actively regulate in this area in the future,” it said.
Unspent home care package funds will move with the consumer if they change home care providers. When a person permanently leaves their package, for example if a client moves into residential care, unspent funds must be returned to the consumer (or their estate) and the government.
This will represent a significant change for providers which have been allowed to retain unspent funds in the past. Providers will be responsible for calculating the proportion of the consumer and Commonwealth contributions to be returned.
Do be aware though that some Providers could charge high exit fees that might discourage you from transferring your Package to another Provider. This should appear in your Home Care Agreement with them. Do remember that YOU have to agree with this Before you sign your Home Care Agreement. Do negotiate hard. After all, it's Your $ Funds.
There was a mix of views within sector as to what should happen to unspent funds where a consumer permanently leaves home care, and different policy options canvassed by government.
As flagged in the government’s consultation, the legislation proposes:
This bill makes amendments to the Aged Care Act and the Aged Care (Transitional Provisions) Act. The government has committed $73 million over four years to implement the changes from 27 February 2017.
Aged Care Quality Standards
The Department of Health will introduce the Aged Care Quality Standards from 1 July 2018 to replace all previous standards. They will apply to all Commonwealth aged care services including residential care, home care, flexible care and services under the Commonwealth Home Support Program.
Assessment will continue against current applicable standards, with assessment against the new Standards in effect from 1 July 2019. Further information is available on the Aged Care Quality and Safety Commission website.
Update on quality standards
Aged Care Quality and Safety Commission 1800 550 552 regarding a Commonwealth-subsidised residential or home-based aged care service
https://www.agedcarequality.gov.au/about-us
Minister Wyatt announced that the Complaints Commissioner and the Australian Aged Care Quality Agency will form part of the New Aged Care Quality and Safety Commission in January 2019. "I am confident the new Commission will better target sub-standard care. It will be a central point to identify failures, highlights quality concerns and have them rectified,” he says.
The Commission replaces the Australian Aged Care Quality Agency and the Aged Care Complaints Commissioner. Combining these functions into one independent agency strengthens the focus on consumers, streamlines regulation, supports better engagement with consumers and providers, and promotes transparency.
The new Aged Care Quality and Safety Commission began on January 1st, 2019.
Who do the Act and Rules apply to?
What changes can services and providers expect?
The new Rules look quite different due to the combined functions under the Act. However, while the Rules have combined a number of previously separate legislative instruments, the core processes are preserved.
Factsheets & FAQs
Aged Care - Flexible
Aged Care – Home and Community
Aged Care – Residential
Assessing services
Tuesday, 8 January 2019
It will have a budget of almost $300 million over four years, employing dozens of additional senior compliance officers. The new Commission will immediately absorb the roles of the current Aged Care Complaints Commissioner and the Australian Aged Care Quality Agency and, from January 2020, also take over the Department of Health's aged-care compliance responsibilities.
Key Changes under the new Commission Act and Rules.
The new commissioners of the Royal Commission in to Aged Care Quality and Safety has written to the nation’s top 100 aged care operators, asking them to self-report on details of their operations. The request for information is the first step in the Royal Commission’s information gathering process. The deadline for providing information is January. Smaller operators will also be contacted, and will be given a later deadline.
The letters mark what will be a huge information-gathering process involving every aged care facility in Australia, and also begins a process of review for all operators of their own individual systems and processes.
08 January 2019
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Priority
Since 27 February 2017 there is a new way to manage access to Home Care Packages. There is now a national pool of all available packages. After assessment you will be placed in a national ‘prioritized queue’*until a Home Care Package becomes available to you. Your place in the queue will be determined by your personal needs and circumstances and the time you have been waiting for care.
* A 'high' priority for home care service should generally indicate that a client is considered at risk in terms of rapid physical, mental or cognitive decline, or in terms of their personal safety.
The client may have a carer at risk of/ or at crisis point.
Clients with special needs should not automatically be considered to have a 'high' priority, as they may not have an urgent need to access a package quickly.
For more information on the legislative changes visit the parliament’s website.
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13 April 2022
All people receiving care under a Home Care Package must be offered a Home Care Agreement. This is an agreement between you and your home care provider that sets out what care and services they can give you; and if the Provider themselves does not have the expertise, they will/should broker out on your behalf. The approved provider must offer the home care agreement to the care recipient Before the agreed start date for the delivery of care and services. If the care recipient is unable to sign the agreement, a representative may do so on their behalf.
What is a Home Care Agreement?
What’s in it?
When you start a Home Care Package, you and your provider make an agreement that outlines the services you will receive. The agreement describes your rights and the provider’s rights. It will also refer to other documents like your budget and agreed care plan. Home Care Agreements are legally binding.
What’s the difference between a ‘provider’ and a ‘service provider’?
Only an approved Home Care Package provider can host a Home Care Package. Approved providers have satisfied the Department of Health’s legal and social requirements to administer packages on behalf of consumers. A service provider is any company that delivers the actual service or hours of care, such as direct care services, gardening, podiatry, home cleaning, personal care etc. Some Home Care Package providers are also service providers as they employ their own direct care staff. It is expected that all providers are able to buy direct care and other services from external service providers as well.
Legal informationHelp managing your affairs
If you are thinking about accessing aged care, you may want to think about who will manage your affairs as you age. You may choose to give someone you know and trust powers to make decisions for you.
- Read more about powers of attorney.
- Read more about guardianship and administrators.
Powers of attorney, enduring powers of attorney and enduring guardians
If you need help managing your affairs, you can choose to give someone you know and trust, or a specialist organisation (such as the Public Trustee and Guardian in NSW) the power to make decisions for you. This will allow the person to manage your affairs when you do not want to, or are no longer able to. For example, a person may find it hard to sign documents because they have poor eyesight or unsteady hands.
Depending on your situation, this may include:
- the power to make decisions about your financial and legal affairs
- decisions about your lifestyle (including where you live) and what medical or health treatment you should receive.
The approved provider must inform and help the care recipient to understand the terms of the home care agreement, their rights and responsibilities regarding the receipt of care and services, and the services being provided.
The approved provider must also help the care recipient to understand what fees they will be charged by reflecting the approved provider's fees policy and the fees negotiated with the care recipient, in the home care agreement. Know too, that the daily care fee IS negiotable. In addition, the amount of exit fees* (further down this page) should be in your Home Care Agreement so that you are not caught unawares when/if you want to move to another Provider.
Aged care minister Ken Wyatt has written to home care providers reminding them they will be required to participate in a pricing comparison table on the My Aged Care website from mid next year.
It will also become mandatory for them to publish their pricing schedules on the portal’s Home Care Package Service Finder.
The moves are designed to increase transparency and help older Australians better assess costs so they can make an informed choice about their home provider, Mr Wyatt told Aged and Community Services Australia.
The measures are expected to come into force from June 2019 and October 2018 respectively.
12 July 2018
Do remember too, that any 'contingency funds' - that extra $ your Provider may have suggested you contribute to your account for 'those extra emergencies/a buffer' to have should you require that bit extra for your care is to be Fully Refunded to YOU, the client, when/if you leave their care. Bear in mind that if you leave home care altogether (e.g. you go into residential care, or upon your death), the unspent home care subsidies from the government will be returned to the Commonwealth. Previously, unspent Government funds, plus those "contingency funds" which amounted to millions of dollars across the sector, were retained by the Providers when the client - YOU, left that particular Provider.
- Actively managing unspent funds: This fact sheet provides information to home care providers on how to manage the accumulation of unspent funds in home care packages.
The Provider will also be required to disclose to YOU, the consumer, in your home care agreement, other matters which could restrict the portability of your Package, such as minimum contractual periods (there actually is none)* and required notice to leave a package (there actually is none),* although there is a new responsibility for the consumer to tell the approved provider and their staff of the day YOU intend to cease to receive services. Do be aware that a 'high' exit fee 'could' discourage you from changing to another Provider in the future... - You Do Not Have To Agree To This... If in doubt, take the paperwork away and talk it over with a trusted family member or another trusted person of your choice, BEFORE you sign and commence a home care package with that Provider. The Exit $ Must be published on My Aged Care site.
If you need help, an advocate can be made available through ADA Australia. Just give them a call on 1800 818 338.
Since 27 February 2017, the package (Level 1, 2, 3 or 4) goes to YOU. You choose your own Provider and the Government then gives them the $ to spend on what YOU Want. Do be aware that some Providers are charging joining, upgrade or exit fees for their in home health and wellbeing services. This is Not Mandatory, and should any Provider place these restrictions in your New Home Care Agreement, Do NOT sign it. You do NOT have to pay for these. Only those things which YOU have agreed to can be placed in your new Home Care Agreement. If this is happening to You, do not sign and immediately look around and choose another Provider.
“$50,000 Should Not Translate To Just Nine Hours Of Care,” Royal Commission Hears
by Caroline Egan. https://hellocaremail.com.au/home-care-delivered-hours-care-royal-commission/
Home care was under the Royal Commission’s spotlight on Monday, as the second set of hearings began.
19 March 2019
Providers have responsibilities to support consumers to understand the new Charter of Aged Care Rights comes into effect from 1 July 2019.
From 1 July 2019, providers must give consumers a copy of the new Charter signed by the provider, and ensure that the consumer or their authorised person has been given a reasonable opportunity to sign a copy of the Charter.
- Residential aged care services will have until 30 September 2019 to provide the signed Charter to their residents.
- Home care providers will have until 31 December 2019.
Note: As there is no legislation mandating a particular time - it is whatever is jointly agreed between You and your Provider. Note though, that a new responsibility is now included for a consumer to tell the approved provider and their staff of the day the consumer intends to cease to receive services.
Many of those Providers who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned to the consumer.
As a potential Customer, do be aware of what your Home Care Agreement ACTUALLY says: Do Not Sign it until you have had it all explained to you AND YOU UNDERSTAND IT.
A potential Home Care Provider needs to bear in mind when offering your Home Care Agreement:
As a provider of home care you will want to promote your business so that you can compete for customers. But you also have to make sure that you don’t break the law by saying things to consumers that might mislead or confuse them. When you offer home care services to consumers it is important that you present information (whether it be written or verbal) to a consumer accurately, clearly and honestly. This allows consumers the opportunity to make decisions with all the facts. Under the ACL, businesses that do not do this are likely to be engaging in misleading and deceptive conduct.
Misleading and deceptive conduct can include practices such as:
- false claims or statements about your home care services or the price
- false claims about a consumer’s legal rights
- not telling a consumer important information
- hiding important information in small print or disclaimers
- using overly complex language that means important information is not clear. Make sure that what you say or give to consumers is easy to understand, honest, and contains all the relevant information. Being honest and clear with your customers is the best way to promote longer relationships and grow your business.
Home Care Agreements need to be clear and easy to understand so that consumers are able to make informed decisions. Make sure that your Home Care Agreements are transparent, in plain language and highlight important terms, especially key information such as:
- what services are to be provided, by who, when and how
- costs and fees
- any conditions that may apply to the Home Care Agreement (for example termination conditions).
- Allow consumers enough time to read the Home Care Agreement, ask questions and seek assistance or advice if they need to.
- Never rush or pressure a consumer, as consumers have the right to take their time and seek financial or legal advice before signing.
Example: A term in a Home Care Agreement says “you agree to allow the provider to place a caveat over your home to enable the collection of any unpaid fees”. This would likely be an unfair term as it is not reasonably necessary to protect the legitimate interests of the business in relation to government funded home care services and would cause significant detriment to the consumer if it were relied upon.
Download your own copy: https://www.accc.gov.au/publications/home-care-services-your-business-rights-obligations
Home care services - your business rights & obligations.
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New Aged care means assessment forms
The Department of Human Services (DHS) has released the new Aged Care Calculation of your cost of care (SA486) digital form. Your clients can fill it in online, print and sign it and send it to DHS with their supporting documents. The digital form uses dynamic questions tailored to the customers’ individual circumstances.
For clients who would prefer to use our simplified paper forms, they are as follows:
- Home Care Package Calculation of your cost of care (SA456)
- Residential Aged Care Calculation of your cost of care (SA457)
- Residential Aged Care Property details for Centrelink and DVA customers (SA485)
These forms are all available on the DHS website. Tips on how to download the digital form can be found here.
Aged care means tests: https://www.humanservices.gov.au/individuals/services/aged-care-means-tests
We assess your financial details to work out how much you need to pay towards aged care.
Customers commencing a Home Care Package don’t need to fill in a form if they get a means tested income support payment from Centrelink or DVA.
Customers entering Residential Care don’t need to fill in a form if they:
- get a means tested income support payment, and
- don’t own their own home.
It is important to make sure their income and assets are up to date when they enter into care to ensure their assessment can be completed automatically. They can do this by accessing their Centrelink online account or by calling Centrelink on 132 300or DVA on 1800 555 254.
Department of Health
13 August 2019
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Even the bare bones home care management services still have management fees. These include administration and case management amounts that in some cases exceed 20 per cent of the funding. However, this is still significantly below an approximate industry average of 30 per cent with some operators charging above the 50 per cent mark.
Change to pure self-management in the industry is no longer an if, rather a when. Developments in the industry are already visible with:
- New entrants. These new home care providers aren’t necessarily following the industry script around administration and case management charges. Many are simply costing in one management fee and others are charging only for administration. If case management is requested, this will be added as a cost or an independent case manager will be sought.
- Organisational cultures are changing. Many service providers are making their case managers more independent to that of their direct care staff, to the benefit of the care recipient. Providers are becoming more flexible with the ability to use other organisations where there are service and price benefits compared to in-house options.
- Home care provider duty of care is increasingly being supported by advances in technology. Some examples include online care worker verification services that provide reference, qualification and police checks, client wellness monitors via clockout processes, telehealth, personal alarm/trackers, home sensors, and carebots (friendly interactive robots).
- Software is appearing that claims full integration of home care provider administration requirements.
24 May 2018
https://www.youtube.com/watch?v=Fz-uSLvcafc
Big Changes to Homecare since 27 Feb 2017 Explained
Published on Feb 1, 2017
An exit amount is an amount that can be deducted by your Provider in working out a care recipient’s unspent home care amount, when they cease to provide home care to the care recipient. The maximum exit amount fee is submitted at the ‘approved provider’ level and Must be made publicly available on the My Aged Care service finder (since 27 February 2017) for all of your Provider's home care services and outlets. My Aged Care website has just been upgraded to display the average percentage of packaged funds a provider will make available, so YOU can more easily compare average administration and case management charges. The maximum 'exit amount' should be updated by the Provider through the My Aged Care Provider Portal. Note: Some Providers are choosing not to charge a fee. Do be aware though that many of those who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned.
30 January 2017
Step by Step calculation of Unspent Funds for Consumer Directed Care (CDC) Home Care
November 2, 2016
The Department of Health has released a Step by Step guide on how to calculate unspent funds. More detail is required than most expect.
Read the full report
https://agedcare.health.gov.au/sites/g/files/net1426/f/documents/11_2016/mai_example_-_calculation_of_unspent_home_care_amounts_-_.pdf
* Important Things to Remember:
An exit amount cannot be charged if the client's unspent home care amount is negative, the amount is nil. An exit amount charge cannot result in a debt to the client.
If a client is moving services but isn’t moving providers (i.e. remaining with the same provider), an exit amount cannot be charged.
If a client changes package level with the same provider, this is not regarded as the client exiting their package, so an exit amount cannot be charged.
If a client has an unspent amount, then the exit amount is deducted before calculating the Commonwealth portion and the care recipient portion (or the transfer portion, if moving providers).
The unspent home care amount is calculated based on the amount paid by the Department Human Services (DHS) payment system for the client’s period of care at the time of calculation, not the amount owed.
The new provider must notify DHS within 28 days of the client starting care, by submitting an Aged Care Entry Record.
The new provider must identify the transfer portion received from the original provider in the next monthly statement after they receive the transfer.
If a client is moving to residential aged care they are considered to be leaving the home care package and the outlined process must still occur, even if they are remaining with the same provider (i.e. the unspent amount, if applicable, must be returned to the care recipient and the Commonwealth).
Failure to pay the care recipient portion or the transfer portion (portion to the new provider) can result in a sanction.
Providers must ensure that they keep accurate records of these processes.
Monthly statements must be updated so that they no longer state that unspent funds will not be refunded, if applicable.
Your existing Provider will have 56 days to reconcile and 70 days to transfer a consumer’s (Your) unspent funds. Be aware too that during your time with a Provider, they may have suggested that you 'top up' your funds that they hold on your behalf - for those unexpected contingencies, or just to act as a buffer or for when you have an unexpected big $ purchase e.g. a wheelchair, electric bed... This Needs to be set out in your Home Care Agreement with them - just how these 'extra' funds will be treated should you leave that particular Provider. Note: Some Providers are choosing not to charge a fee. Do be aware though that many of those who have advertised ‘no exit fee’ are enforcing a notice period of 4-6 weeks, therefore getting their exit fee this way which is not being advertised or mentioned.
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Can my provider end my Home Care Agreement?
Once you have signed a Home Care Agreement, your provider must continue to deliver your home care package services for as long as you need them. This is called ‘security of tenure’ and your Home Care Agreement should include detailed information about this.
If you wish to end your Home Care Agreement you must do so in line with the agreement you signed. This usually requires you to tell your provider in writing the day you wish to end the Home Care Agreement.
Your care plan cannot change without your agreement. Your service provider must give you a copy of any agreed changes to the care plan for your records.
The care plan must be reviewed at least once every 12 months to make sure the care and services you receive through your home care package still meet your needs. You can ask for a review of your care plan at any time if your care needs change. A home care provider may stop providing services if you do not meet your responsibilities within your control, this includes not paying your income-tested care fee.
Providers have responsibilities to support consumers to understand the new Charter of Aged Care Rights came into effect from 6 September 2019.
From 1 July 2019, providers must give consumers a copy of the new Charter signed by the provider, and ensure that the consumer or their authorised person has been given a reasonable opportunity to sign a copy of the Charter.
- Residential aged care services will have until 30 September 2019 to provide the signed Charter to their residents.
- Home care providers will have until 31 December 2019.
Any government funding will be paid to the home care provider. Your provider can then spend the funds on the items you both agreed to in the Home Care Agreement (see changes from 27 February 2017) further down this page.*
* and remember that since 27th February 2017, YOU can change your Provider whenever YOU like. You take your Package with you even if you change to a different part of Australia. After all, it is YOUR care that matters!!! YOU know what you want.
Note: A new care recipient is commencing a home care package with Provider A. The care recipient and the approved provider negotiate and agree that the care recipient will not pay the basic daily fee, but will pay the income tested care fee, depending on the fee advice issued by the Australian Government. The home care agreement for this care recipient will state that the basic daily fee is not payable but an income tested care fee will be charged depending on the fee advice received from the Australian Government.
What is an individual plan?
You will be allocated a program coordinator whose role it is to organise and coordinate services and resources necessary to develop and implement your individual plan.
The individual plan will identify agreed upon goals to be achieved through the development of skills; the securing of resources; access to and coordination of services; the meeting of social, physical, medical, vocational, recreational and emotional needs. The plan may be recorded on an individual plan form or a form designed specifically for the program.
Here are some questions you might be asked by your Provider to assist in making your plan:
- What is important to me?
- What do I most enjoy doing?
- What makes my life enjoyable and meaningful?
- What's good right now and what's now?
- What's preventing me from having an enjoyable and meaningful life?
- What's missing? What would I have if I could choose anything?
- What sorts of things might help to improve my day to day life?
- What support do I need to remain safe and well?
- Where and when do I want that support to be available?
- How do I want to be supported and by whom?
- Reviewing Your Plan - some hints from the NDIS experience.
During the care planning process, your service provider will need to take into account any support you already have in place, such as carers, family members, local community and other services. Your home care package is intended to meet needs that are not already met by these other supports.
As a guide, your care plan may include:
- the exact types of services you will receive. YOU decide!
- who will provide which services
- do ask your aged care provider about what end-of-life care is available within their services (gives You surety for that continuing care)
- how much involvement you will have in managing and coordinating your services
- where your services are delivered
- when your services are delivered (for example, which day of the week)
- how much the care and services will cost.
https://www.australianageingagenda.com.au/2018/04/12/key-considerations-when-negotiating-cdc-package-spending/
The Department of Health says the types of care and services provided under a home care package will depend on the person’s assessed care needs.
A package should help older people to stay at home, provide tailored services and cover a person’s care and safety needs.
If a package is used to contribute towards the cost of items within a consumer’s home, the impact on a person’s individual budget, capacity to deliver other care and services and responsibility for any maintenance should be considered, the department says.
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You can discuss the possible list of care and services further with your service provider. If you identify a type of service that you feel would best meet your identified care needs, the service provider has to do what they can to assist you to access that care or service. This may include sub-contracting or brokering services from other service providers. As this may increase the costs charged to your home care package, any additional costs should be made clear to you prior to you agreeing to the service.
____________________________Pathway to access a home care package_____________________
After you have been assessed as eligible for a home care package, follow this pathway to access and manage your services:
Search for a home care provider
- Receive the outcome of your assessment
- Your approval letter
- Waiting time
- Research home care providers and work out the costs
- Be assigned a home care package
- Enter into a home care agreement
- Home care agreement
- Care plan
- Budget
- Manage your services
- Starting services
- Extra services
- Changing care needs
- Supplements for specific care needs
- Changing providers
- Moving unspent funds and paying exit amounts
- Rights and responsibilities
- Complaints
Often older adults have physical health conditions which prevent them doing things they had previously enjoyed. The case managers were able to encourage participants to think about alternative ways of doing things which would provide similar satisfaction. “It is not what we do that is the most important thing, it is what we get out of doing it or what function it has for us.”
Case managers worked with people to identify what they got out of an activity they could no longer do, to look at other activities which could replace those functions and provide similar positive rewards to help them stay well.
Some of the key aspects of the intervention were:
- Supporting people to re-establish connections with things they value and with the outside world
- Assessing current resources – family, friends, communication methods – telephone, internet
- Harnessing local knowledge – services, transport, groups – directory of services, sharing knowledge
- Respecting and accommodating personal values – previous work or life roles
- Providing Support to make the first step and regain confidence
- Revisiting what they used to like to do
- Helping to find other ways to be active or get what they need out of life
- Setting small targets or breaking jobs down
- Keeping a balance between routine, necessary and pleasurable activities, using a diary.
Can someone help me with creating my care planning?
YES, You can have another person, such as a carer or family member, with you to help co-design your care.
You have the right to call on an advocate that you choose to represent you when talking with a service provider.
If requested, the approved provider must allow an advocate acting for the consumer access to the home care service. If you need help, an advocate can be made available through the ADA Australia - Advocacy by calling 1800 818 338 free call. M-F 9.30 to 4pm.
A consumer may wish to have another person, such as a carer or family member, with them to help them during the development of their care plan.
A consumer has the right to call on an advocate of their choice to represent them in their dealings with you.
Services provided by an Advocate may include:
• establishing or reviewing the Home Care Agreement, care plan and individualized budget
• negotiating the administration costs the approved provider may charge to the package budget
• presenting any complaints the consumer may have.
You have a right to be looked after properly, treated well and given high-quality care and services. To make sure you get the best care, all service providers have responsibilities and must meet certain standards.
How you are coveredIf you are receiving a Home Care Package or services under the Commonwealth Home Support Programme, service providers who deliver your care must follow the:
- Charter of Care Recipients' Rights and Responsibilities for Home Care (the Charter)
- Home Care Standards
- Australian Consumer Law.
Charter of Care Recipients' Rights and Responsibilities for Home CareThe Charter acknowledges your rights and those of your family and carers, as well as your responsibilities. According to the Charter, services should be delivered in a respectful manner.
The Charter also says carers should be recognised as partners in care, and be able to participate in decision making in care situations when the care recipient is unable to do so.
* and remember that since 27th February 2017, YOU can change your Provider whenever YOU like. You take your Package with you even if you change to a different part of Australia. After all, it is YOUR care that matters!!! YOU know what you want.
TO COMPARE $ PRICES in Home Care
Since 1 July 2019 home care providers have needed to publish their prices in a new standardised home care pricing Schedule on the My Aged Care website. This transition to the new pricing structure may be an opportune time to analyse their current pricing policies and determine if they (the Provider) need to change their prices.
The Schedule will provide information on the common services and costs under a home care package.
This will better support senior Australians to understand and compare home care pricing information, and make a more informed decision about which provider is best placed to deliver your care.
01 July 2019
WHAT TO DO...
STEP 1: https://www.myagedcare.gov.au/find-a-provider
STEP 2: Click on "Help at Home"
STEP 3: Select your Suburb
STEP 4: Click on "Home Support Services" to get a list of Providers
OR “Home Care Package” Level 1, 2, 3 or 4
You can then click on the Providers name for their details
OR Just click on COMPARE – up to 3 at a time
and COMPARE ONE PROVIDER $ AGAINST ANOTHER... Just scroll down.
You are looking at:-
Case Management - approximate number of hours per fortnight
- Fully funded by Provider
- Self-managed by YOU
Price for Common Services - shown as $ per hour
- Personal Care
- Nursing
- Cleaning and Household tasks
- Light gardening
- In-home Respite
Other costs:
- Package management
- Staff travel costs to visit you
- Separate cost when you want to receive services from a different Provider
- Maximum Exit $ amount
It's quite an Eye-opener!!!
Note: when exiting your current Provider, the Maximum Amount they can charge you for 'Exit Fees'* cannot be more than the Maximum Amount that MUST have been put in your original Home Care Agreement with them.
* the Maximum Exit $ Amount for each Provider is published on MyAgedCare before it is included in your Home Care Agreement. You may also be charged some Administration Costs.
- Your Home Care Agreement - there will be full disclosure to the consumer Before the commencement of the package. This means you have discussed/and agreed to the type/s of care YOU want, and how you will receive them.
- You will have discussed the 'Exit Fee' on a full disclosure basis up-front in your Home Care Agreement and the Aged Fee clearly, and this will appear on your providers service finder.
- If you decide to change Providers in the future, what will happen to the Surplus $ funds and unspent $ funds, is to be set out in the Home Care Agreement.
- Any 'contingency funds' (that Extra $ you have given to your Provider for those 'unexpected expenses') will be paid back to YOU.
- Be aware that there is NO legislated mandatory minimum period before you can leave your Provider. No Provider should indicate otherwise.
Q. What happens if I use up all my annual budget before the end of the year?
A. If you use up your individual funding amount before the end of the year, you will have to pay for any home care services you would like to still receive out of your own pocket for the remainder of the year, or choose to go without.
What to do when you want to change your Provider:
- Find a New Provider
- Contact My Aged Care line to re-activate your referral code
- Referral code activated
- New Provider accepts the consumer's code (YOU, the consumer, tell your current Provider that you want to "cease receiving home care services from them"). There should be a mutually agreed cessation date.
- Discuss with your current Provider what your needs are and agree on a cessation day for your home care services.
- Make a Home Care Agreement with your New Provider
- Don't start with them until the NEW date with the New Provider (within 28 days)
- The start date for the new Provider must be on or after the day you stop using your existing Provider so there is no gap in your care.
- Remember that the unspent $ Funds follow the Consumer - YOU, less an agreed Exit Fee to your Old Provider.
Whatever services you decide on will form your care plan including:
- Exactly what will be provided
- who will provide it
- the timing and frequency
- the cost of the services you will receive
- any unspent funds must be rolled over from month to month and year to year for as long as you remain in the package
- Now is a good time to have a conversation about when you may have a complaint. How do they deal with this? Who would you approach? Talking about this NOW can smooth the path for when/if you or your loved one do have a complaint.
- your co-contribution
- the costs your provider incurs in managing your home care package
- Case management and advisory fees can be charged on top of admin charges and will vary depending on the level of involvement of the consumer and their carer. Do read your monthly statement carefully. If you have any queries, ask your Service Provider.
“There is so much change going on in that area and more transparency about the funding for instance. So people are seeing where the money is going and that is leading to people coming to us with questions about how their packages are being funded, where the money is being used and what their options are.” Aged Care Commissioner April 2016.
What is the process?
A delegated staff member will:
- negotiate an individual plan as soon as possible and prior to receipt of service (if the service is short term there may only be a statement outlining the service provided)
- review your plan within the specified timeframes stated in the plan; when significant unplanned changes occur; or as requested by you
- formally review individual plans annually
- ensure that strategies to meet goals are developed in the least restrictive manner
- ensure that a strengths-based approach is used when communicating with you and others in the planning process, and ensure your skills and abilities are recognised
- encourage you to include a range of people in the planning process
- view your life holistically; taking into account as many aspects of your life as possible in the planning process.
What is the content of the individual plan?
The individual plan will:
- goals (that are consistent with the individual's assessed care needs and the scope of the program) ie identifying agreed upon goals to be achieved
- show how priorities are met
- show how unmet needs are addressed
- address needs without discrimination
- describe the skills to be developed
- services and support to purchase which support the goals - what YOU want
- describe the resources to be used
- show how services are coordinated. Provider/s who will provide the services and support. (This is different to current common practice, where there is often only one organisation involved. In the CDC model, consumers can elect, where there is a choice, to purchase services from providers other than the one administering the budget); and
- amount of control the consumer will exercise over the management of the package
- Some consumers are choosing to spend their built-up funds on one-off capital items or services that offer little or in some cases no margin to providers
- Case management and advisory fees can be charged on top of admin charges and will vary depending on the level of involvement of the consumer and their carer
- show how your needs are met including health and wellbeing, behavioural support, physical, psychosocial, communication, cultural and decision-making.
Conducting a Review of a Client’s Support Plan
This provides assessors with the ability to conduct review(s) of a client’s Support Plan from within the Assessor Portal. This change will allow assessors to review and, where appropriate, to amend a client’s Support Plan. If necessary, assessors will also be able to initiate a new assessment for a client following the review. This enables assessors to ensure that a client’s needs continue to be met through the services and strategies identified in the Support Plan.
WHAT IS A REVIEW?
A review by an assessor relates to the effectiveness and appropriateness of the client’s Support plan. An assessor may set a review date of the Support plan at the time of the assessment. A review may also be requested by a client or a service provider. It may be completed over-the-phone with the client.
A review by an assessor will look at the following aspects:
The reason a review has been requested and its impact on the client’s existing assessment information and Support Plan
The appropriateness of the services in meeting the client’s goals
Any new goals for the client, and associated referral(s) for service
The appropriateness of setting another review date or an end date for service delivery.
A client can have multiple reviews of their Support plan. Assessors should consider whether the client requires a new copy of the Support plan as a result of a review.
The care plan must be reviewed at least once every 12 months to ensure the package is still suitable to meet the needs of the consumer. The consumer can ask for a review of their care plan at any time if their care needs change. There may be additional costs involved if the consumer requests an unplanned review, and you can give advice about this.
The care plan cannot be changed without the consumer’s agreement. Your Provider must give YOU, the consumer a copy of any agreed changes to the care plan for their records. The agreed position and the responsibilities of the service provider/care worker and the consumer/carer should be documented and included in the Home Care Agreement between the Provider and the consumer.
What is Consumer Directed Care (CDC)?
Some Home Care Packages will be delivered on a Consumer Directed Care (CDC) basis. CDC is a new way of providing home care. It gives you more control and choice about the types of care and services you receive, how care is delivered and who delivers it to you.
Under CDC, you will determine the level of involvement you would like to have in managing your own package. You will be provided with a personalised budget so that you can see how much funding is available for services and how the money is being spent. *
The package will be signed off between the consumer and the provider (in a "Care Recipient Agreement" and care plan) with clear documentation of the elements for which the provider and consumer are responsible.
- The way the balance of responsibilities is defined will have an impact on the 'core advisory and case management' component of the individualized budget.
- The provider will discuss the package with the consumer and deliver or 'broker' the agreed services in an environment of least restriction, giving due regard to workforce safety, budgetary constraints, quality of care, duty of care and regulatory obligations.
- Consumers will be given information and sufficient time to make informed decisions.
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* Admin charges on unspent funds to be disclosed on My Aged Care By Linda Belardi on February 25, 2016 in Community Care Review
Home care providers will be required to publish on My Aged Care all administration charges to be deducted from any future unspent funds should a client switch providers or permanently leave their package. The proposal for increased transparency for consumers is contained in legislation introduced into Parliament this month as part of the government’s reforms to home care, as announced in last year’s budget.
The government said all charges Must be set out in a Home Care Agreement offered to the consumer and be published on My Aged Care.
Providers will also be required to disclose to consumers minimum contractual periods and required notice to leave a package, according to the bill.
The government is not proposing to regulate admin charges, minimum contract periods or notice requirements, but said it will closely monitor practice in this area.
“If there is evidence that restrictive conditions are being included in Home Care Agreements, it would be open to the government to more actively regulate in this area in the future,” it said.
Unspent home care package funds will move with the consumer if they change home care providers. When a person permanently leaves their package, for example if a client moves into residential care, unspent funds must be returned to the consumer (or their estate) and the government.
This will represent a significant change for providers which have been allowed to retain unspent funds in the past. Providers will be responsible for calculating the proportion of the consumer and Commonwealth contributions to be returned.
Do be aware though that some Providers could charge high exit fees that might discourage you from transferring your Package to another Provider. This should appear in your Home Care Agreement with them. Do remember that YOU have to agree with this Before you sign your Home Care Agreement. Do negotiate hard. After all, it's Your $ Funds.
There was a mix of views within sector as to what should happen to unspent funds where a consumer permanently leaves home care, and different policy options canvassed by government.
As flagged in the government’s consultation, the legislation proposes:
- removal of Aged Care Approvals Round for home care places
- packages allocated to consumers
- a nationally consistent approach to prioritizing access to home care
- portability of packages
- a simplified process for becoming an approved provider.
This bill makes amendments to the Aged Care Act and the Aged Care (Transitional Provisions) Act. The government has committed $73 million over four years to implement the changes from 27 February 2017.
Aged Care Quality Standards
The Department of Health will introduce the Aged Care Quality Standards from 1 July 2018 to replace all previous standards. They will apply to all Commonwealth aged care services including residential care, home care, flexible care and services under the Commonwealth Home Support Program.
Assessment will continue against current applicable standards, with assessment against the new Standards in effect from 1 July 2019. Further information is available on the Aged Care Quality and Safety Commission website.
Update on quality standards
Aged Care Quality and Safety Commission 1800 550 552 regarding a Commonwealth-subsidised residential or home-based aged care service
https://www.agedcarequality.gov.au/about-us
Minister Wyatt announced that the Complaints Commissioner and the Australian Aged Care Quality Agency will form part of the New Aged Care Quality and Safety Commission in January 2019. "I am confident the new Commission will better target sub-standard care. It will be a central point to identify failures, highlights quality concerns and have them rectified,” he says.
The Commission replaces the Australian Aged Care Quality Agency and the Aged Care Complaints Commissioner. Combining these functions into one independent agency strengthens the focus on consumers, streamlines regulation, supports better engagement with consumers and providers, and promotes transparency.
The new Aged Care Quality and Safety Commission began on January 1st, 2019.
Who do the Act and Rules apply to?
- Approved providers of residential aged care services, home care services and short-term restorative care services.
- Service providers of Commonwealth-funded aged care services (this includes Commonwealth Home Support Programme and National Aboriginal and Torres Strait Islander Flexible Care Program (NATSIFACP) services).
What changes can services and providers expect?
The new Rules look quite different due to the combined functions under the Act. However, while the Rules have combined a number of previously separate legislative instruments, the core processes are preserved.
Factsheets & FAQs
Aged Care - Flexible
Aged Care – Home and Community
Aged Care – Residential
Assessing services
Tuesday, 8 January 2019
It will have a budget of almost $300 million over four years, employing dozens of additional senior compliance officers. The new Commission will immediately absorb the roles of the current Aged Care Complaints Commissioner and the Australian Aged Care Quality Agency and, from January 2020, also take over the Department of Health's aged-care compliance responsibilities.
Key Changes under the new Commission Act and Rules.
The new commissioners of the Royal Commission in to Aged Care Quality and Safety has written to the nation’s top 100 aged care operators, asking them to self-report on details of their operations. The request for information is the first step in the Royal Commission’s information gathering process. The deadline for providing information is January. Smaller operators will also be contacted, and will be given a later deadline.
The letters mark what will be a huge information-gathering process involving every aged care facility in Australia, and also begins a process of review for all operators of their own individual systems and processes.
08 January 2019
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Priority
Since 27 February 2017 there is a new way to manage access to Home Care Packages. There is now a national pool of all available packages. After assessment you will be placed in a national ‘prioritized queue’*until a Home Care Package becomes available to you. Your place in the queue will be determined by your personal needs and circumstances and the time you have been waiting for care.
* A 'high' priority for home care service should generally indicate that a client is considered at risk in terms of rapid physical, mental or cognitive decline, or in terms of their personal safety.
The client may have a carer at risk of/ or at crisis point.
Clients with special needs should not automatically be considered to have a 'high' priority, as they may not have an urgent need to access a package quickly.
For more information on the legislative changes visit the parliament’s website.
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13 April 2022