NDIS Quality & Safeguarding Framework. March 2018

Transcription

1 NDIS Quality & Safeguarding Framework March 2018

2 Disclaimer While every effort has been made to ensure content is factual and accurate at time of writing, given the rapidly evolving nature of NDIS, DSC does not warrant the validity of information providers and advises that reliance on the information is at the sole discretion and risk of the recipient. 2

3 Today s Webinar Welcome and Introduction Journey to date What is Changing What to do next? 3

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5 We re passionate about Quality for 1 reason: Improving the lives of people with disability and their families

6 What is Quality & Safeguarding 01 Quality the standard of something as measured against other things of a similar kind; the degree of excellence of something PLAN DO 02 Safeguarding protect from harm or damage with an appropriate measure. ACT CHECK 6

7 Quality means doing it right when no one is Henry Ford looking. Henry Ford

8 Journey To Date Full Scheme rollout begins with State based quality arrangements The NDIS Amendment (Quality and Safeguards Commission and Other Measures) Bill Nov 2017 passes parliament The Quality and Safeguarding Commission established JULY JULY FEB FEB NOV NOV DEC DEC FEB 2018 FEB JULY 1 JULY The Quality and Safeguarding Framework finalised New National Practice Standards trialled with some providers NSW and SA transition to the new National Quality Framework 8

9 Full Scheme Rollout Full Scheme Rollout The Q&S Framework NDIS Practice Standards pilot The NDIS officially rolled out July ,000 participants $22 billion in funding NDIS Act Updated The Q&S Commission Double the workforce, Double the funding, Double the trouble? Rollout 9

10 The Quality and Safeguarding Framework Full Scheme Rollout New national functions The Q&S Framework NDIS Practice Standards pilot 1 Provider registration and renewals 3 Complaints handling system 5 Behaviour support & restrictive practice oversight NDIS Act Updated The Q&S Commission 2 A new Code of Conduct 4 Reportable incident notification 6 Worker screening processes Rollout 10

11 The Quality and Safeguarding Framework Full Scheme Rollout The Framework itself consists of measures targeted at The Q&S Framework NDIS Practice Standards pilot THE INDIVIDUAL supporting and empowering people with disability THE WORKFORCE promoting a safe and competent workforce PROVIDERS encouraging safe, innovative, highquality support provision NDIS Act Updated The Q&S Commission Rollout Developmental Preventative Corrective Building capability and support systems Preventing harm and promoting quality Responding if things go wrong 11

12 The NDIS Practice Standards Full Scheme Rollout 4 areas (modules) are based on the National Disability Standards. The Q&S Framework NDIS Practice Standards pilot Additional Modules covering 6 areas: High Intensity Daily Activities Rights and responsibilities Governance and Operational Management Specialised Behaviour Supports NDIS Act Updated Community Nursing The Q&S Commission Early Childhood Supports Specialised Support Coordination Provision of Supports Support Provision Environment Specialised Disability Rollout Accommodation 12

13 Amendments to the NDIS Act 2013 Full Scheme Rollout The Q&S Framework NDIS Practice Standards pilot NDIS Act Updated The Q&S Commission Rollout National Disability Insurance Scheme Act 2013 No. 20, In November 2017, this bill passed the two houses of parliament. It made amendments to the NDIS Act to include the new Commission and its powers into the NDIS Act. 13

14 The Quality and Safeguards Commission Full Scheme Rollout The Q&S Framework Begins: 1 July 2018 Budget: $209 Million Head Office: Western Sydney Commissioner: Graeme Head NDIS Practice Standards pilot QUALITY AND SAFEGUARDING COMMISSION FUNCTIONS NDIS Act Updated The Q&S Commission Investigations, Compliance, Legal Advice Strategy, Policy, Education Complaints and Reportable incidents Registration and Market Monitoring Senior Practitioner and Behaviour Support Rollout 14

15 Rollout Full Scheme Rollout The Q&S Framework NDIS Practice Standards pilot NDIS Act Updated 2019 The Q&S Commission Rollout NSW and SA ACT, NT, QLD, VIC and TAS WA 15

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17 Summary of Main Changes Area Investigations, Compliance and Legal Advice Policy, Strategy and Education Registration and Market Monitoring Complaints and Reportable Incidents Behavioural Support and Restrictive Interventions What is Changing The Commissioner will monitor and investigate compliance and can implement bans and penalties A new Code of Conduct, Orientation Module and Worker Screening will begin Two pathways to Registration: Verification and Certification against the New NDIS Practice Standards New online systems for recording and monitoring complaints and reportable incidents A new system for recording and monitoring Behavioural Support interventions 17

18 Quality and Safeguarding Commission General Counsel / Investigations Strategy and Engagement Complaints Commissioner Registrar Senior Practitioner Compliance Investigation Education and Engagement Complaints Management Registration / Market Oversight Behaviour Support Investigation Policy, Strategy and Research Reportable Incidents Service Provider Registration Clinicians Legal Advice Conciliation / Resolution Market Monitoring & Risk Management Report Monitoring & Analysis Source: NDIS 18

19 1 Investigations, Compliance and Legal Advice 2 Strategy, Policy and Education 3 Registration and Market Monitoring 4 Complaints and Reportable Incidents 5 Senior Practitioner and Behavioural Support 19

20 Investigations and Compliance The Commissioner can: Investigations and Compliance Enforce bans and penalties. Investigate incidents, complaints and restrictive practices Notices of non-compliance may be made publicly available 20

21 Appendix A Process of Code of Conduct Investigation & Enforcement STANDARD OF NDIS SERVICE DELIVERY ISSUES ARISING THROUGH INVESTIGATION AND ASSESSMENT REGULATORY ACTIONS Practice Standards Code of Conduct Complaints Processes Reportable Incident Notification Monitoring of Restrictive Practices Issues for Investigation Assessment against practice standards and Code of Conduct Providers Revocation of registration Ban orders Civil penalties Training & Education Warnings & Directions Enforceable undertakings Individuals Civil penalties Reassess worker clearancess Conduct taken up with provider Source: NDIS Code of Conduct Discussion paper REFERRALS 21

22 BAN REVOKE REGISTRATION CIVIL PENALTIES INFRINGEMENT NOTICE COMPLIANCE NOTICE, ENFORCEABLE UNDERTAKING REGISTRATION, AUDIT, INVESTIGATION EDUCATION, PERSUASION, COMPLIANCE SUPPORT Source: Explanatory Memorandum, National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017, p. 36

23 So what is changing? 1 Investigations, Compliance and Legal Advice 2 Strategy, Policy and Education 3 Registration and Market Monitoring 4 Complaints and Reportable Incidents 5 Senior Practitioner and Behavioural Support 23

24 Strategy, Policy and Education The commission will work with providers to support continuous improvement and build capacity, including: Strategy, Policy and Education Enforceable NDIS Code of Conduct Orientation Model for frontline staff Nationally consistent worker screening process. 24

25 NDIS Code of Conduct The Code of Conduct will apply to: NDIS Code of Conduct registered NDIS providers; unregistered NDIS providers; contractors providers delivering LAC, ILC, CoS and/or ECEI Individual workers providing NDIS funded supports or services. 25

26 NDIS Code of Conduct NDIS Code of Conduct Potential breaches of the code of conduct will be investigated by a screening unit Breaches of the code of conduct can result in penalties and bans Workers who are excluded will be able to apply to their State tribunal for review 26

27 Worker Screening Begins 1 July Operational responsibility will stay with States and Territories. Worker Screening Worker screening will apply to everyone including interns, volunteers, contractors, sub-contractors, managers. Providers will have additional responsibilities to ensure compliance. 27

28 Orientation Module An online induction program Mandatory for front line staff workers Orientation Module Training records system will need to be kept Includes Registered providers, sole traders and allied health professionals 28

29 So what is changing? 1 Investigations, Compliance and Legal Advice 2 Strategy, Policy and Education 3 Registration and Market Monitoring 4 Complaints and Reportable Incidents 5 Senior Practitioner and Behavioural Support 29

30 Registration There will be a new provider registration system. Registration The Registrar will monitor for thin markets and anti competitive conduct. 30

31 New Registration System Verification via independent certifying body and online desktop audit Certification against the 4 NDIS Practice Standards plus additional specialised support modules 31

32 Figure 3 Tiered Provider Requirements LOWER-RISK SUPPORTS HIGHER-RISK SUPPORTS LARGER PROVIDERS SMALLER PROVIDERS Provider types: e.g. cleaning company (more than five employees) Requirements: can choose verification of individual employees or certification of organisation. The latter will be more efficient (lower cost and address employee turnover). Provider types: e.g. sole operator doing gardening, cleaning, allied health professionals registered with AHPRA or that have full membership of a recognised professional association, where relevant to their scope of practice. Requirements: verification of insurance, qualifications, employee screening. Provider types: large organisation undertaking range of higher risk supports, including personal care, behaviour support or accommodation. Requirements: quality assurance certification focused on compliance with practice standards and management of risks, including governance and internal quality systems. Requirements tailored to scope of supports offered. Provider types: e.g. sole operator offering higher risk supports. Requirements: proportionate quality assurance certification tailored to scope of supports. Includes: competence, training, experience and understanding of risks. Certification evidence requirements proportionate to the size of the organisation. Source: Quality and Safeguarding framework 32

33 Figure 4 Provider registration, verification and certification processes VERIFICATION RE-VERIFICATION Provider is proposing to deliver supports deemed to be low risk Triaging of applications by NDIS registrar Provider supplies required information (e.g. About insurance, worker credentials) NDIS appointed verifier checks provider credentials CERTIFICATION Provider meets requirements Provider is approved and able to deliver supports in the categories specified in their registration Provider credentials reverified to confirm ongoing compliance every 12 months RE-CERTIFICATION Provider is proposing to deliver supports deemed to be higher risk Provider is also proposing to deliver specialist supports Provider completes selfassessment against Core Standards Provider completes self-assessment against Core Standards and relevant Specific Practice Standards Provisisional registration for new providers Relevant NDIS Practice Standards are met Provider successfully completes certification within 12 months of selfassessment Provider is approved and able to deliver supports in the categories specified in their registration Annual surveillance audits and recertification every three years to confirm ongoing compliance 33

34 The Verification Process 1. Begin Verification process 2. Apply for Verification to Q&S Commission 3. The NDIS appointed verifier checks credentials 4.Provider meets requirements and is approved against specified registration groups 5. Yearly reverification via a desktop audit 34

35 Registration Registration Groups requiring certification are*: Personal Activities High Daily Tasks/ Shared Living Participation in Community Specialised Behaviour Support Community Nursing Specialised Support Coordination Specialised Supported Employment Assist Personal Activities Group/Centre Based Activities Early Childhood Supports Specialised Disability Housing 35

36 The Certification Process 1. Begin Certification process 2. Online Self Assessment against the Practice Standards (plus additional modules) 3. Provisional Approval with independent audit with first 12 months 4.Provider meets requirements and is approved against specified registration groups 5 Annual surveillance audits and 3 yearly recertification 36

37 Registration things you must do Providers must: Registration Update their registration groups and contact details prior to rollover. In NSW, ensure TPV is up to date prior to 1 July 2018 Ensure insurances are up to date 37

38 Market Oversight The Commission will provide NDIS market oversight. Market Oversight Emerging Risk Failing Markets Unplanned Service withdrawel 38

39 So what is changing? 1 Investigations, Compliance and Legal Advice 2 Strategy, Policy and Education 3 Registration and Market Monitoring 4 Complaints and Reportable Incidents 5 Senior Practitioner and Behavioural Support 39

40 Complaints The Commission will monitor and investigate complaints Not deal with complaints relating to the NDIA. Complaints Can investigate individual workers There will be a new online system for reporting Providers will be required to keep a appropriate complaints management system 40

41 Reportable Incidents The commissioner will Monitoring and Investigate reportable incidents. An online system will be used Reportable Incidents Registered providers must keep a appropriate system for reportable incidents Providers may need to arrange and pay for independent investigations into reportable incidents. 41

42 So what is changing? 1 Investigations, Compliance and Legal Advice 2 Strategy, Policy and Education 3 Registration and Market Monitoring 4 Complaints and Reportable Incidents 5 Senior Practitioner and Behavioural Support 42

43 Senior Practitioner and Behaviour Support A Senior Practitioner will oversee this area including compliance, monitoring and education. Senior Practitioner and Behaviour Support States and Territories will approve Restrictive interventions. The commissioner will develop and implement a competency framework for registered NDIS providers who provide behaviour support. 43

44 Recap Q&SF Commences 1 July 2018 in a progressive rollout Key Points Reportable Incidents, Complaints and Restrictive Practices will be monitored and investigated New Worker Screening, Orientation Module and Code of Conduct New Registration process 44

45 Where to Next?

46 Where too next? Read the framework.. Keep an eye out for updates Things you can do Ask questions Make sure your registration details are up to date Make sure that your quality systems are working 46

47 Thank You If you have any questions, please Bronwyn Stanley Links to documents in this presentation resources?category=quality+&+safeguarding