New framework concept for regulating aged care

On 8^th Feb 2022, the government announced a concept paper that outlines a new, improved approach for regulating aged care.

The introduction of the new framework aims to strengthen and enhance the protection and rights of older Australians.

According to the government, this new approach replaces the previous one-size-fits-all approach to better align regulation to the proportionality of risk by building the capability to use data and intelligence to understand and anticipate risk and differentiate across the sector.

They advise that some progress has been made, but more is expected to be done.

This concept design paper is written to provide early communication with stakeholders on concepts and ideas for a potential new model to regulate aged care.

As advised, a comprehensive consultation process will commence in 2022 to inform the detailed design of the new aged care regulatory framework.

The government suggests that the successful design of this contemporary and risk proportionate regulatory framework will see a shift in how aged care is regulated compared to the current aged care regulatory framework.

They provide an indicative future state view below suggesting what it would be like in practice with the aim to support the overarching aims of enhancing quality and safety, building market capability, and encouraging innovation and continuous improvement.

A new approach to Aged Care

Education

• Better information sharing across the sector to inform areas for education
• Specific data and intelligence to registration categories and risk available
• Supports around continuous improvement

Registration, approval and agreement

• Market entry based on the categories with risk proportionate requirements
• Funding model and setting agnostic
• Period of registration aligned to risk

Rules and standards

• Rationalised and coherent provider requirements with an outcomes focus
• Differentiation of providers so the level of regulation imposed is proportionate to the risk
• Requirements applied specific to different types of providers and different registration categories
• Regulatory obligations have a strong connection to the quality outcomes sought

Monitoring, assessment and reporting

• Enhanced risk-based monitoring and reporting
• Re-assess each provider’s suitability to remain registered at regular intervals
• Report on the outcomes of monitoring activity and trends to drive improved quality and safety of care
• Graduated assessment of providers to identify excellence and innovation, to lift sector performance and quality outcomes for senior Australians

Complaints

• Better integration and use of complaints and other information to inform the most appropriate actions
• Enhanced use of advocacy to support senior Australians
• Sharing of relevant information between regulators, particularly where it relates to complaints about breaches of the Care and Support Code of Conduct

Compliance and enforcement

• Enhanced data and intelligence to flexibly respond to emerging risks
• Streamlined powers and modern regulatory tools to oversight the sector and drive quality through the system

Consumer information

• Expanded beyond the detail available on My Aged Care to include an online platform that permits the searchability of providers relevant to categories of care
• Continue publication of certain enforcement actions and reports on monitoring activities

We would recommend that you participate in the consultation process to get most out of the new regulatory framework. Action should also be taken towards the continuous improvement that is expected across this sector. Please refer to this link for more information.