The Provider Loft

Supporting small and medium NDIS and health providers in Australia

David Kinnane

How to navigate conflict with other people

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Interpersonal conflicts are common. They can make us worry and react in regrettable ways that make us feel bad about ourselves. Sometimes, we withdraw from relationships, which is also not good for us.

Conflict with people can lead to lots of bad outcomes: reduced focus and creativity, worse decision making, and unhappy relationships.

None of us is perfect when it comes to relationships. When you are in conflict with someone else, there are several strategies you can use to find a healthy way forward:

  • Remember your perspective is just one amongst many. Sometimes, we forget that we all have different viewpoints and values and think that our view is correct and all other views are uninformed, irrational or biased. Thus is not always true – not everyone sees things that same way and that’s okay.
  • Be aware everyone is biased (including you!). We sometimes assume that other people’s behaviour is due to their personality, when it might just be due to their situation. Ask someone you trust to help you reflect on the ways you might be seeing the situation unfairly.
  • Avoid black and white thinking. Sometimes, when we disagree with others, we start to think that the other person is an opponent or even enemy! Rather than thinking it’s ‘you versus them’, focus on the decision or situation instead and try to make progress on it. Think of yourself and the other person as sitting on opposite sides of a seesaw and work together to find a balance.
  • Know your goals: Avoid drama and stay focused on your goals, e.g. you want a healthy relationship that will last into the future, and you want to feel less angry/frustrated after interactions. Make a list of your goals and circle the most important ones. You don’t need to be best friends with the other person – focus first on having a functional, respectful relationship.
  • Don’t gossip or look for drama: It’s perfectly fine to seek help with sorting out your feelings and to check in with others. But choose who you speak with carefully and look for people who are constructive and who will challenge your perspective – people who will help you solve the specific problem.
  • Experiment: There is no one way to solve interpersonal conflicts. Your strategy will depend on the situation and the people involved. Experiment and see what happens: e.g. decide that for two weeks you will listen to the other person, and not interrupt, and focus on what they are saying (rather than how they say it). Try to summarise what the other person is saying, and check you have understood them. Try to interrupt your conflict patterns of the past.
  • Stay curious: People are complex! Try to learn more about the other person. Do not approach conversations with aggression or defensiveness, but with creativity and with genuine questions about them. Think about a future when you have overcome the conflict.
  • Don’t give up: With good faith efforts and hard work, you can resolve most interpersonal conflicts.

Key source: Gallo, A. (2022) How to Navigate Conflict with a Coworker, Harvard Business Review, September/October.

Updated NDIS Participant Booklets

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Recently, the National Disability Insurance Agency (NDIA) updated three of its information booklets for National Disability Insurance Scheme (NDIS) participants.

The booklets are:

  • Booklet 1: Applying for the NDIS  
  • Booklet 2: Creating your NDIS plan  
  • Booklet 3: Using your NDIS plan  

The booklets are available in PDF, Word, and Easy Read versions from the NDIS website here.

We understand the booklets will soon be available in 17 different languages, as well as an Auslan video translation. 

The Word versions of the booklets are particularly helpful as they allow participants to include notes, goals, actions, questions and ideas in the documents.

We plan to share the updated booklets with our clients who are considering applying to the NDIS, preparing for a first planning meeting with an NDIA representative, or who are going through the NDIS plan reassessment process. 

The new look booklets include recent changes to the NDIS Act.

Change to short notice cancellations under the NDIS Pricing Arrangements and Price Limits 2022-23

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On 22 June 2022, the National Disability Insurance Agency (“NDIA”) published pricing arrangements for the National Disability Insurance Scheme in its NDIS Pricing Arrangements and Price Limits 2022-23 (“Pricing Arrangements”), to take effect on 1 July 2022.

Amongst other things, the NDIA has modified the definition of short notice cancellation in the Pricing Arrangements.

(1) Short Notice Cancellation

A short notice cancellation is defined in the Pricing Arrangements as when a NDIS participant:

  • doesn’t show up for a scheduled support within a reasonable time (e.g. in the event the NDIS participant should be attending a clinic where the NDIS provider is located); or
  • is not present at the agreed place within a reasonable time when the NDIS provider is travelling to deliver the support (e.g. in the event the NDIS provider provides the support at the NDIS participant’s home or a third party location),

and

  • has given less than seven clear days’ notice for a support.

This means an NDIS participant should give an NDIS provider at least seven clear days’ notice of the cancellation of a support.

The definition has been simplified from a two-tier system (two or five clear business days) notice, depending on the duration and cost of the support under the 2021-22 arrangements, to a single definition based on the number of days (rather than business days).

(2) Claiming for a Short Notice Cancellation

In the event of a short notice cancellation, an NDIS provider is able to claim 100% of the agreed fee associated with the support from the NDIS participant’s plan, provided that all of the following conditions are met:

  • the Pricing Arrangements set out that NDIS providers can claim for short notice cancellations in relation to the relevant support item; and
  • the proposed charges for the activities comply with the Pricing Arrangements; and
  • the service agreement between the NDIS provider and NDIS participant specifies that short notice cancellations can be claimed; and
  • the NDIS provider was not able to find alternative billable work for the relevant worker and was required to pay the worker for the time that would have been spent providing the support.

Takeaways

In order to claim for a short notice cancellation, NDIS providers should:

  • check that short notice cancellations can be claimed in relation to the relevant support item under the Pricing Arrangements;
  • ensure that their charges comply with the Pricing Arrangements;
  • check that the service agreement between them and an NDIS participant specifies that short notice cancellations can be claimed (and, if required, amend the service agreement with a variation signed by the NDIS participant and NDIS provider); and
  • be able to show that they could not find alternative billable work for the relevant worker and was required to pay the worker for the time that would have been spent providing the support.

The definition of short cancellation notice includes the concept of “within a reasonable time”. NDIS providers should consider what, in the circumstances of the provision of a particular support, is a reasonable time to wait when a NDIS participant does not show up for a support prior to making a claim for a short notice cancellation under the NDIS participant’s NDIS plan.

As good practice, NDIS providers should remind NDIS participants of the need to provide 7 clear days notice of a cancellation of a support (so as to not be impacted by short notice cancellations).

Our NDIS Service Agreement and NDIS Provider and Health Provider Booking and Cancellation Policy templates have been updated to respond to the changes to the Pricing Arrangements with respect to short notice cancellations.

Disclaimer: we have done our best to ensure that this article is correct as at the date of publication (1 July 2022). It may not reflect any changes to the Pricing Arrangements or other NDIS rules or guidelines after the date of publication. The article is intended to provide general information and is not legal advice. Formal legal and/or accounting advice should be sought for particular circumstances and transactions, or for matters arising from this article.

The new NDIS Provider Emergency and Disaster Management Plan Framework

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Resource update: An emergency and disaster management framework template for small- and medium-sized NDIS Providers.

In late 2021, the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 were amended and the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 were compiled to create additional NDIS practice standards. One of the key new requirements was a new practice standard for emergency and disaster management.

Among other things, this new standard requires NDIS providers to prepare, prevent, manage and respond to emergency and disaster situations whilst mitigating the risks to and ensuring the continuity of supports that are critical to the health, safety and wellbeing of NDIS participants.

In this 16-page resource, we provide a template framework designed to help small- and medium-sized NDIS providers to develop emergency and disaster plans and think through management issues associated with emergencies and disasters, and to assist NDIS providers to demonstrate compliance with the new emergency and disaster management NDIS practice standard.

purchase the ndis provider emergency and disaster management plan framework

ALOFT March 2021: the future of work after COVID-19, the status of workers in the gig economy, and defining your risk culture

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ALOFT: Advances. Legal Updates. Organisation. Frameworks. Tips.

In this month’s ALOFT, we focus on the future of work after COVID-19, ongoing legal skirmishes about the status of workers in the gig economy, and what it means to define and improve your risk culture. We also provide some useful tools for communicating the story of your business to others, and highlight a free course to get yourself going again when it all seems too hard and you want to give up. 

At The Provider Loft, we’re focused on giving your quick, practical tips you can use to improve your provider business. Let’s go!

Advances

COVID-19 has had a dramatic impact on the way we work. While it’s too early to tell whether some of these changes are permanent, it would take a brave person to bet against trends towards remote work, digitisation and automation. Check out this provocative infographic from the corporate consulting fortune-tellers at McKinsey: 

Legal updates: UK guidance of the rights of gig economy workers – the Uber case

The line between who is an employee and contractor has always been fuzzy, and never more so than now, with the gig economy. While tax authorities, legal commentators, and others have different views, it’s better to be safe than sorry – especially as most of the legal, tax and financial risks of getting it wrong fall on providers (as hirers). This month, we’ve been looking at the recent UK Supreme Court decision about the status of the Uber worker. Natasha Bernal, of Wired Magazine, has an interesting take on the implications of the decision for gig workers in the UK and internationally here.

Organisation success: how to define and improve your risk culture

To thrive in uncertain times, you need a strong risk culture. This requires a clear acknowledgement of your exposure to risk, and a commitment to manage it. A provider’s success may also depend on its commitment to values like responsiveness, transparency, and respect. 

According to Richard Higgins and colleagues, defining your risk culture involves thinking about your organisation’s confidence, openness, challenges, speed of response, level of care, communication practices, tolerance for risk, level of insight, adherence to rules, and your team’s ability to cooperate. Once you’ve measured your organisation’s current status for each of these elements, you can address any shortcomings, using an influence model composed of four elements: understanding and commitment, role modelling and leadership, capability building, and formal reinforcement mechanisms. For a detailed blueprint for how to do this, read more here.

Frames of mind to improve your marketing

Way back in 1991, Kenn Adams developed the “Story Spine” – an 8-sentence basic structure that underpins thousands of human stories – everything from classical myths, to Pixar movies, to marketing campaigns. This framework can be adapted easily for a provider’s traditional marketing efforts, social media, blogs, YouTube videos, staff training days  – any material that tells your story. Just remember: the hero of your story should be your client – not you! Thanks to @alexgarcia_atx for this practical summary: 

To hear more about this useful model from Kenn himself, check out this short video.

Tips for practice

Procrastination, perfectionism, and the imposter syndrome are all forms of resistance – invisible forces that get in the way of us sharing our best work with our clients and participants, and the world. To overcome resistance, it helps to have a mentor – someone to push you on when you want to turn back or give up. There’s no-one better placed for the fight than Steven Pressfield, author of “The War on Art” and “Turning Pro”. If you are coming up against a blank page, or something else that stops you from doing the work that matters, I recommend Steven’s free audio course, which you can access here: Steven Pressfield’s The War of Art.

That’s it for this month’s ALOFT.

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