Aged care news highlights from the week ending 3 September 2021, aggregated by CompliSpace.

The information in the Weekly Wrap is aggregated from other news sources to provide you with news that is relevant to the aged care sector across Australia and worldwide. Each paragraph is a summary of the subject matter covered in the particular news article. The information does not necessarily reflect the views of CompliSpace.

Coronavirus/COVID-19 News

Mandatory COVID-19 Vaccinations for Residential Aged Care Workers

Vaccinations are not mandatory until the state/territory enacts a public health order to that effect. The status of the orders in the states/territories as at 2 September 2021, is as follows:

There are exemptions and complications within all the rules. For more information see Department of Health: Mandatory COVID-19 vaccination in residential aged care.

NSW Health – Updated advice

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, the screening advice for residential aged care facilities and home care service providers has been updated for 28 August 2021.

The key messages for this update include:

• From 6 September 2021, aged care staff who live in an area of concern and work at a facility outside of that area will be required to have had at least one dose of a COVID-19 vaccine in order to attend work. Upon request, they must be able to provide their employer with evidence of their vaccination status. However, this does not apply if the person has not been in the area of concern for the previous 14 days.
• Rapid antigen testing will not be a substitute for vaccination.
• All areas of NSW are currently under stay at home Orders.
• From 6 September 2021, staff who live in the Canterbury-Bankstown, Cumberland or Fairfield Local Government Areas will no longer be required to provide evidence of COVID-19 surveillance testing every 72 hours

This information can change rapidly so please check the NSW Health website at least daily for updates.

Update your My Aged Care Workforce Vaccination data now

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, nationally, 83% of residential aged care workers are reported by providers as having received a first dose COVID-19 vaccine, of those 62% are fully vaccinated. 212 aged care facilities report 100% of their workers have received a first dose COVID-19 vaccine. A further 909 facilities report that 90 - 100% of their workforce have received a first dose.197 services report less than 60% of workers having received a first dose.

You are strongly urged to ensure your reporting is accurate and counts all currently engaged workers only. A fact sheet has been provided to all providers and facilities and will shortly be available on the website.

Please keep your data updated on a daily basis via My Aged Care as the 17 September deadline for mandatory vaccination approaches.

The data available publicly on the interactive map is as provided by you and the map is updated by 5pm each weekday.

Take action now if access to a vaccine is an issue 

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, we are working with each facility to ensure plans are in place, and to provide support where needed, to ensure every worker has access to vaccination prior to 17 September.

If you have any workers who are unable to access a COVID-19 vaccine please urgently contact your Primary Health Network or Commonwealth State Office Manager.

Pfizer is available to residential aged care workers regardless of age. This includes workers who do not have a Medicare card.

If workers have questions or need help to book an appointment, they can call the dedicated COVID-19 Vaccine Helpline on 1800 020 080 and select option 4.

No fault COVID-19 indemnity scheme

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, the Australian Government has finalised the details of the no fault COVID-19 Vaccine Claim Scheme following extensive consultation to ensure a comprehensive National Scheme.

The Scheme will provide Australians with quick access to compensation for COVID-19 claims related to the administration of a Therapeutic Goods Administration approved COVID-19 vaccine delivered through a Commonwealth Government approved program.

The Scheme will be administered by Services Australia and will provide Australians with a single front door to a simple and quick administrative process for compensation. The TGA will provide guidance on recognised adverse reactions as part of their established surveillance program.

From 6 September Australians who suffer injury and loss of income due to their COVID-19 vaccine will be able to register their intent to claim from the COVID-19 vaccine claims scheme webpage.

The Scheme will cover the costs of injuries above $5,000 due to a proven adverse reaction to a COVID-19 vaccination. Claims will be assessed by independent experts, and compensation paid based on the recommendations.

The cost of compensation payments under this Scheme will be fully funded by the Commonwealth and is designed to help the small number of people who unfortunately experience a moderate to significant adverse reaction to a COVID-19 vaccine.

The COVID-19 Vaccine Rollout Scheme will be backdated to February 2021.

Mandatory vaccination for ACQSC field staff

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, the Australian Aged Care Quality and Safety Commission’s vaccination policy requires all field staff, including quality assessors, to be vaccinated against the seasonal flu where it is available (unless medically exempt). The Commission is updating this policy to include COVID-19.

In correspondence to approved providers on 16 August, Commissioner Janet Anderson PSM stated “as a further protection for aged care consumers and staff, the Commission is introducing the same requirement”  - for all field staff to at a minimum, a first dose of a COVID-19 vaccine by 17 September.

Key resources to support your workers

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health:

Webinar series for residential aged care workers on COVID-19 mandatory vaccination – the department has held jurisdiction-specific webinars for workers in SA, TAS, NSW, QLD, ACT and NT, and VIC will be held next week. The webinars are recorded and links to the webinars will be provided to you to share with your workers as soon as possible.

A fact sheet is available for workers on the safety of the Pfizer COVID-19 vaccine for women who are pregnant or breastfeeding. Pregnant women are advised to receive the COVID-19 vaccine. The risk of serious outcomes from COVID-19 is higher for pregnant women and their unborn baby.

COVID-19 vaccines – Is it true? is available for workers providing accurate, evidence-based answers to questions about COVId-19 vaccines to share with your workforce.

Single site funding support for COVID-19 impacted areas in New South Wales including the Jervis Bay Territory

(Note: this excerpt is from the Department of Health newsletter. We cannot provide a link to the full version of this story until the Department of Health uploads it to their website.)

According to the Department of Health, the Australian Government is closely monitoring the situation across the country. Following the extended hotspot declaration in all of New South Wales by the Australian Government Chief Medical Officer, Professor Paul Kelly, workers at residential aged care facilities in impacted areas are asked to continue limiting their work to a single facility to reduce the risk of transmission and protect workers and residents. This includes Jervis Bay Territory, as clarified by the Chief Medical Officer on 28 August.

In addition to funding support, a reminder that providers can also access guidance on practical implementation of single site arrangements, including employee relations expertise, through the Guiding Principles Support Hub website or hotline on 1800 491 793.

Resident wellbeing key in outbreak plan, says regulator

According to Australian Ageing Agenda, psychosocial, physical and nutritional health and wellbeing are three key areas aged care providers must include in their outbreak management plan, the aged care regulator’s chief clinician has told an industry forum. Aged Care Quality and Safety Commission chief clinical advisor Dr Melanie Wroth said aged care providers need to be aware of the impacts of COVID-19 outbreaks can have on residents.

Other News

Behaviour support plan resources for aged care providers: Free Download

According to Inside Ageing, Dementia Support Australia (DSA) has released a resources toolkit to assist aged care providers to meet new behaviour support plan requirements intended to minimise or eliminate the need for chemical or other restraint.

Student visa holders can continue working longer hours

According to Australian Ageing Agenda, aged care provider peak bodies say they are pleased with the extension of the government’s initiative allowing aged care staff on student visas to continue working increased hours. The initiative announced in March last year in response to the COVID-19 pandemic allows international student visa holders working in aged care on a visa to work more than 40 hours a fortnight. The extension announced this week applies to all student visa holders working in aged care, regardless of when they commenced work.

Aged care peak bodies put the Government on notice

According to Aged Care Guide, the Federal Government has been put on notice by key aged care peak bodies as it has been 100 days since the May Federal Budget and they believe there has been lacking consultation on critical aged care reforms during that time.

Senator wants new Aged Care Act to require facilities to have at least one registered nurse present at all times

According to Aged Care Insite, with the 1997 Aged Care Act going through a process of reform in Canberra, Independent Senator Rex Patrick has proposed an amendment to the new bill which would force aged care homes to have at least one registered nurse working on site at nursing homes at all times. The Aged Care Amendment (Registered Nurses Ensuring Quality Care) Bill 2021, proposed on September 1, aims to raise the level of care provided to aged care residents, Patrick said, and will help attract new nurses to the sector.

Legislation

Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021 [CTH] – introduced and second reading 1 September 2021

A Bill for an Act to amend the law relating to aged care, health and aged care pricing, and information sharing in relation to veterans and military rehabilitation and compensation, and for related purposes

Schedule 1 – Residential aged care funding

Schedule 1 amends the Aged Care Act 1997 (Aged Care Act) and the Aged Care (Transitional Provisions) Act 1997 (Transitional Act) to enable the introduction of a new residential aged care basic subsidy calculation model, the Australian National Aged Care Classification (AN-ACC)

Schedule 2 – Screening of aged care workers, and governing persons, of approved providers

Schedule 2 of the Bill amends the Aged Care Act and the Aged Care Quality and Safety Commission Act 2018 (Quality and Safety Commission Act) to establish the legislative authority for nationally consistent pre-employment screening for aged care workers of approved providers to replace existing police checking obligations.

Schedule 3 – Code of conduct and banning orders

Schedule 3 of the Bill amends the Aged Care Act and the Quality and Safety Commission Act to allow the Aged Care Quality and Safety Commissioner (Commissioner) to make and enforce a Code of Conduct (Code) that will apply to approved providers and their workers, including governing persons.

Schedule 4 – Extension of incident management and reporting

Schedule 4 of the Bill amends the Aged Care Act to extend the Serious Incident Response Scheme (SIRS) from residential care to home care and flexible care delivered in a home or community setting from 1 July 2022.

Schedule 4 of the Bill will also amend the Quality and Safety Commission Act to expand the Commissioner’s powers to deal with incidents that are reported by Commonwealth grant funded aged care service providers, and authorise these providers to collect, use and disclose information relevant to their obligations in relation to the SIRS for the purposes of the Privacy Act 1988.

Schedule 5 – Governance of approved providers

Schedule 5 of the Bill amends the Aged Care Act and the Quality and Safety Commission Act to improve the governance of approved providers of aged care.

Schedule 5 also introduces new reporting responsibilities for approved providers, including to provide an annual statement on their operations that will be made publicly available.

Schedule 6 – Information sharing

Schedule 6 of the Bill amends the Aged Care Act, the Quality and Safety Commission Act, Veterans’ Entitlements Act 1986, the Military Rehabilitation and Compensation Act 2004, and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 to facilitate greater information sharing between Commonwealth bodies across the aged care, disability and veterans’ affairs sectors in relation to noncompliance of providers and their workers.

Schedule 7 – Use of refundable deposits and accommodation bonds

Schedule 7 of the Bill amends the Aged Care Act to enable the Secretary or Commissioner to request information or documents from a provider or borrower of a loan made using a refundable accommodation deposit or bond.

Schedule 7 also amends the Quality and Safety Commission Act to enable the Commissioner to issue an infringement notice for a borrower who commits an offence for failing to comply with a request under these amendments.

Schedule 8 – Independent Health and Aged Care Pricing Authority

Schedule 8 to the Bill amends the National Health Reform Act 2011 (National Health Reform Act) and the Aged Care Act to expand the functions of a renamed Independent Health and Aged Care Pricing Authority (Pricing Authority) to include the provision of advice on health care pricing and costing matters, provision of advice on aged care pricing matters and the performance of certain functions conferred in the Aged Care Act.

Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 2) Act 2021 (No. 2 of 2021) [CTH] – commenced 1 September 2021

The purpose of the Act is to improve the administration arrangements of paying home care subsidy to approved providers.

Approved providers are currently required to provide a monthly statement to their home care recipients that shows the care recipient’s available funds, how the funds are being spent (i.e. care and services delivered) and the amount of unspent funds. The measures in the Act improve financial accountability and allow for better transparency over the actual use of funds for home care service delivery by requiring approved providers to also report to the Commonwealth the cost of care and services delivered to the home care recipient each month in order for the subsidies to be paid to the approved provider.

Currently, approved providers hold and manage any accumulated unspent funds (both Commonwealth subsidy and consumer contributions) that may arise over time on behalf of the home care recipient if the cost of the care and services they access is less than the sum of their home care fees and subsidies paid by the Commonwealth. Once the measures in the Act commence, the Commonwealth will retain, on behalf of care recipients, the Commonwealth subsidy that may be in excess of the services provided, to be drawn down in future.

Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021 [CTH] – commenced 1 September 2021

This instrument provides for improvements to the Home Care Packages Program administration arrangements of paying home care subsidies to approved providers. It supports the implementation of changes made by the Aged Care Legislation Amendment (Improved Home Care Payment Administration No.2) Act 2021.

Aged Care Legislation Amendment (Royal Commission Response No.1) Principles 2021 [CTH] – commenced 1 September 2021

This instrument amends the Quality of Care Principles 2014 in response to the recommendations of the Royal Commission into Aged Care Quality and Safety, and the Independent Review of the use of Restraint in Residential Aged Care.

Guardianship and Administration Amendment (Advance Care Directives) Bill 2021 (No. 14 of 2021) [TAS] – passed Assembly 1 July 2021; second reading in Council 25 August 2021

The Guardianship and Administration Amendment (Advance Care Directives) Bill 2021 (the Bill) inserts provisions into the Guardianship and Administration Act 1995 (the Principal Act) to provide for the making and implementation of advance care directives in Tasmania.

The Bill provides that a person with decision-making ability may make decisions and give directions about their future health care by giving an advance care directive. The advance care directive may be given in writing or by any other means. Witnessing requirements are prescribed in the Bill and witnesses are required to attest that the person giving the advance care directive is not acting under any form of duress or coercion.