Recent changes to the National Disability Insurance Scheme (NDIS) registration rules now require residential aged care (RAC) providers supporting people with disability, to register under the NDIS and comply with both the NDIS and the aged care regulations from 1 December 2020. Transition relief is being applied to allow RAC providers to prepare for the change.

Background

Until 30 November 2020, the NDIS (Provider Registration and Practice Standards) Rules 2018 (NDIS Registration Rules) included an exemption for RAC providers to be registered as NDIS providers.

As of 1 December 2020, RAC providers supporting people with disability must be registered as NDIS providers if they provide any of the following services to a supported person:

  • specialist disability accommodation;
  • support services as defined where the provision of those supports involve a regulated restrictive practice; or
  • specialist behaviour support services including:
    • undertaking a behaviour support assessment; or
    • developing a behaviour support plan.

Accommodation and support services typically provided by RAC providers to a person with a disability, will fall within one of these categories.

RAC providers that currently or propose to provide accommodation and services to people registered under the NDIS, should review the form of their residential accommodation agreements to allow for NDIS participants to be included and ensure it addresses NDIS specific issues.

Transitioning registration rules for RAC providers

Specific transitioning rules for RAC providers who had NDIS participants in their care (but were not registered under the NDIS) as at 1 December 2020, resulted in the RAC providers’ automatic registration as NDIS providers in respect of a particular class of support called ‘providing assistance with daily life tasks in a group or shared living arrangement’.  This covered a range of support services that reflect typical residential aged care services.

RAC providers can review their registration details online at the NDIS Provider Register. They should consider whether their registration is sufficient and whether they should apply to extend it to the types of disability support services they may actually be providing.

Transitioning to two regulatory systems

Even though RAC providers who provide accommodation and services to people with disabilities are now facing two regulatory systems, the process should be fairly manageable as both systems share similar principles. Both the NDIS and aged care sectors have a consumer centred approach which enables consumers to have significant choice and control over the care they receive.

RAC providers registered as NDIS providers will need to be familiar with their additional requirements under the NDIS rules in respect of:

  • compliance with the NDIS Practice Standards;
  • NDIS Code of Conduct;
  • NDIS Plans;
  • worker screening checks;
  • incident management; and
  • notifications to the NDIS Quality and Safeguards Commission and complaints management and resolution systems.

There are temporary transitioning arrangements for RAC providers who are also registered NDIS providers in relation to: worker screening checks; NDIS Practice Standards; and the use of regulated restrictive practices. Special conditions apply for each of these arrangements.

If you would like assistance to discuss issues raised by these changes, please contact our Health, Aged Care and Retirement Villages team.

Authors

Arthur Koumoukelis | Partner | +61 2 8248 3437 | [email protected]

Maryna Roganova | Senior Associate | +61 2 8248 5881 | [email protected]