We provide an overview of the key topics in the Stage 4b Release below.
- Eligibility for entry – The Integrated Assessment Tool (IAT) must be used to conduct aged care needs assessments to inform whether an individual should be approved for funded aged care (section 62-5 of the Rules). Initially introduced on 1 July 2024, the IAT will be updated to support the New Act and the Support at Home program from 1 July 2025.
- Reassessment – For all services excluding residential care, the System Governor may decide that an individual requires reassessment if there is a significant change in circumstances, such as a carer permanently stopping care or a decline in the individual's condition that affects their need for services (section 64(1)(c) of the New Act; section 64-5 of the Rules). Other circumstances that may necessitate reassessment of an individual (excluding an individual accessing residential care) include when a carer temporarily stops providing care, or when the individual experiences an event or condition decline requiring new aged care services not covered by their current approval, and no reassessment application has been made (section 64-10 of the Rules).
- Provider registration – The Commissioner must decide on an application for provider registration (or application for renewal) within 90 days from either the day the application is received or the day the final audit report is provided to the entity, if an audit is required (sections 105(2) and 108(2) of the New Act; sections 105-5 and 108-5 of the Rules). The Commissioner must ensure that entities applying for registration or renewal in the categories of personal and care support in the home or community, nursing and transition care, and residential care either complete an audit confirming their ability to meet the strengthened Aged Care Quality Standards or meet certain circumstances (section 109(2)(d) of the New Act; sections 109-5 to 109-15 of the Rules).
- Residential care home approval – Applications for approval of residential care homes must include details such as the home's name, street address, responsible person's name, certificate of occupancy, and documentary evidence proving the building's permanence and safety, including floor plans, fixtures, furnishings, and design explanation (section 111(3)(b)(ii) of the New Act; section 111-10 of the Rules).
- Provider Register – The Provider Register must include certain information in relation to the registration of a registered provider, including the name of each parent or holding company forming part of the registered provider’s business structure, the names of associated providers in certain registration categories and certain details relating to suspensions, compliance notices and banning orders (section 141(3)(p) of the New Act; section 141-10 of the Rules).
- Service agreements – Individuals must be involved in the development and negotiation of the service agreement, and any agreements must be expressed in plain language and be readily understandable by the individual (section 148-65 of the Rules). Additionally, service agreements must be reviewed at least once every 12 months or upon request from the individual.
- Aged care digital platform operators – Operators must verify and display that aged care workers comply with applicable worker screening requirements, ensure entities seeking to deliver services hold the stated credentials or qualifications, and provide general information about the processes used to check these credentials or qualifications (section 188(1)(b)(vi) of the New Act; section 188-1 of the Rules). A range of additional obligations are prescribed for aged care digital platforms which are also constitutional corporations, such as implementing a complaint and incident management system and reporting on information to the Aged Care Quality and Safety Commission (ACQSC). Importantly, regardless of the involvement of a digital platform, the registered provider is responsible for the quality and safety of care delivered. If a registered provider operates as a sole trader, they must still adhere to all obligations and conditions associated with their registration (Aged Care Rules – Release 4b Public Release – Supporting document).
- Recordkeeping – Registered providers (excluding NATSIFACP providers) must retain evidence to support any claim for a funded aged care service delivered to a person for the period of seven years (section 154-3300 of the Rules). Specialist aged care programs are required to report on and keep comprehensive records of their financial and operational activities. This includes submitting documents such as the Annual Activity Report, Annual Accountability Reports, and the Annual Financial Declaration Statement.
- Change in circumstances – In addition to the existing rules relating to notifying the ACQSC of material changes affecting provider suitability, registered providers must notify the ACQSC of changes to the types and scale of services delivered (sections 167-45 and 167-50 of the Rules). Additionally, registered providers must notify the System Governor about bed capacity at residential care homes due to the ‘Places to People’ reform to understand supply changes. Any other significant changes to an approved residential care home, such as those affecting its definition, safety, construction activities, unplanned events, or bed availability, must also be reported, including details like the home's name, address, and the nature of the change (section 167-70 of the Rules).
- Dealing with complaints and reportable incidents – The Stage 4b Rules also introduce provisions for regular communication, resolution processes, and reconsideration of complaints (Chapter 11, Part 3, Division 3 of the Rules). Additionally, the ACQSC may assess and address reportable incidents individually or collectively, including referring cases to appropriate agencies and requiring corrective actions (Chapter 11, Part 3, Division 1 of the Rules).
Initially projected to be approximately 900 pages in length, the full compilation of the Rules, now that all stages are released, is just over 700 pages.
We understand that reform fatigue is impacting providers, and we are here to help. Our team has developed a range of resources to assist with the transition, including updated service agreements and compliance frameworks, which can be explored on our Aged Care Solutions page.