Preparing providers for the new regulatory model: What we know so far!

It is important to be ‘transition ready’ for the new regulatory model. Providers should have a firm understanding of the Act and the Quality Standards.
Preparing providers for the new regulatory model: What we know so far!
Merina Martin
15th May 2024

The Department of Health and Aged Care is keen to prepare providers for transition to the new model and new ways of working. The aim is to facilitate a smooth transition for aged care providers so they can focus on delivering uninterrupted service to care recipients during this shift between regulatory frameworks. It’s key that providers stay informed and keep up to date with newsletters and updates from the Department.

As dates for the new regulatory model to start are currently not set in stone, the Department are stating that, ‘The new regulatory model will start when the new Aged Care Act commences’. Whilst the Act looks like it will come into force in 2025, it is prudent for providers to commence with preparations for transition.

New ‘universal’ provider registration

In the new regulatory model, the Department will introduce universal provider registration, consolidating the registration process for each provider across all aged care programs. This streamlines the requirement so that providers delivering services across multiple programs (such as home care and residential aged care) will only need to register and report once.

The new registration model will apply to all providers delivering Australian Government-funded aged care, including:

  • Residential aged care services
  • Commonwealth Home Support Programme (CHSP)
  • Home Care Packages (HCP)
  • Short-term Restorative Care (STRC)
  • Transition Care Programme (TCP)
  • Multi-Purpose Services (MPS)
  • National Aboriginal and Torres Strait Islander Flexible Aged Care (NATISFAC)

There will be six registration categories, which group service types based on similar care complexity and risk. This approach ensures that registration requirements, related provider obligations, and regulatory oversight are proportional to the registration categories. Providers have the option to register into one or more of these six categories relevant to the type of services they provide. The Aged Care Quality and Safety Commission (the Commission) will oversee provider registration and renewal.

Renewal of provider registration

The registration period for all providers will be set at three years. After the new Act comes into effect, the Commission will assign a specific end date for registration to all registered providers. For existing aged care providers, the Commission sensibly plans to stagger these dates in order to reduce the risk of bottlenecks and to facilitate the orderly management and of registration renewal.

The Commission will determine the registration renewal date while taking these matters into consideration:

  • Risk
  • Regulatory intelligence
  • Workforce management
  • Recency of accreditation audits

Before the registration period ends, the Commission will request providers to initiate the registration renewal process. Providers will be informed of the specific timeframe within which they need to commence filling out a Registration Renewal Application Form. These timeframes will vary based on the provider’s registration categories and whether an audit against the Quality Standards is deemed necessary. The initiation of this process can take place up to 18 months prior to the expiration of the registration period. Providers are required to showcase their suitability, capability, viability, and propriety in delivering aged care services to the Commission both at entry and during renewal.

Registration of existing providers – ‘deeming’ process

The department is actively preparing all Australian Government-funded providers for the transition to the new system as registered providers, in anticipation of the new Aged Care Act. As part of this support, existing providers will be automatically ‘deemed’ to be registered once the new Aged Care Act comes into effect. This process will be based on the services they are presently offering. In practical terms, this means that existing aged care providers will seamlessly transition to being registered providers from day one of the new Act.

Aged care providers currently delivering services will not be required to apply for registration ahead of the commencement of the new Act. This approach:

  • Removes administrative burdens for providers
  • Ensures continuity of care for older people in Australia is sustained
  • Once the new Act takes effect, providers will function under the updated regulatory model, and the associated obligations of registration categories will become applicable.
  • The Department will migrate provider information to the new system and assign registration categories and corresponding obligations based on the types of services rendered.
  • In the following months, the department will contact providers to:
  • Request any additional necessary details
  • Review and verify their details, registration category/categories, and obligations

What do providers need to do?

The Department states that providers do not need to take any action at this time. Providers can continue operating as usual during the deeming transition process. The Department will reach out to providers in the coming months to help you prepare for the transition.

However, it is important to be ‘transition ready’, this means having a firm understanding of the Act and also the Quality Standards. It is key to ensure that both processes and service delivery are outstanding and that staff are clear about the implications of the Act, new ways of working and how their roles will be impacted. The fundamentals of the Quality Standards are around person-centred care and they clearly define what good care looks like.

Care planning should intricately outline the individual needs of service users, and the delivery of care must closely align with those needs. It is imperative to thoroughly document identified risks, implement risk management strategies, and establish agreed-upon goals and outcomes. Real-time communication plays a crucial role in ensuring the safety of individuals using services and proactively addressing their evolving needs. Leveraging technology is paramount for successfully achieving these objectives!

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