David Kinnane

Last week, we attended two, lengthy webinars hosted by the team at The Social Deck, on behalf of the Department of Social Services, about Foundational Supports, including Targeted Foundational Supports. Our key takeaways for allied health providers of paediatric services are as follows*:

State of play:

Consultation period ends on 5 December 2024. Soon!
Weirdly, negotiations between governments are happening completely separately from community stakeholder consultations.
No update on the status of negotiations between the states and the Federal government, who will share the costs, 50:50.

General impressions:

Lots of stressed attendees. (Lifeline number shared!)
Frequent reminders from convenors that “we won’t be able to answer some of the specific questions about how foundational supports might work in the future” because they depend on what governments may decide to do.
Lots of very good ideas, but not clear how they could all work together in the real world. (One participant described the session as an “idea salad”, which I borrowed for the title.)
Private practitioners appeared to be under-represented in discussions, perhaps because the webinars occurred:
- in the middle of working days; and
- so close to the calendar year-end.

General themes:

Targeted Foundational Supports should:

include early recognition and assessment of needs;
be family-centred and holistic;
be consistent and continuous;
include disability-led organisations; and
include robust quality, safety and accountability controls.

Attendee concerns, including about:

NDIS changes and children falling through the “cracks” right now;
allied health workforce readiness, including training pathways and supervision;
gaps between evidence-based practices and front line realities;
how to ensure consistency and continuity of services;
how best to engage families and deliver family-centred care; and
how supports will work in rural and remote areas and for CALD populations.

Services delivery preferences:

General – but not unanimous – preferences for:

a move away from one-to-one, clinic-based therapy;
transdisciplinary and multidisciplinary teams;
service delivery in naturalistic settings using existing (public) infrastructure;
systems that promote longer-term relationships between families and professionals;
a movement away from medical models of care; and
key workers and allied health assistants having significant roles in the new system.

Many big questions remain:

Who will be eligible to deliver targeted supports and how will they be registered/certified?
Who will employ, train, and supervise them?
How (if at all) will allied health professionals access some settings, e.g. in states like NSW without a long history of integrated health/education service delivery?
Who will oversee and audit services, including outcomes?
How will services be funded? (Fee for service, block funding, fees for outcomes?)
What intensity of support is envisaged? (The consultation paper appears to envisage low intensity supports.)
Will recipients have any choice and control?
How (if at all) will upcoming elections affect the proposals, including their timing?

Lots of questions. Few answers.

Paediatric allied health clinic owners: things are not looking great when it comes to Targeted Foundational Supports

Foundational Supports for children with developmental concern, delay and/or disability and their families, carers and kin Consultation Paper

Foundational Supports | Department of Social Services

* Any errors of interpretation are – as always – completely our own.

We’d like to thank Mel Butcher and the rest of the team at The Social Deck for the work they are doing under enormous time pressures.

Key personnel of allied health NDIS providers: your legal risks will almost certainly increase in 2025

David Kinnane · 30 November 2024 · Leave a Comment

Big Picture:

Consultation is underway on proposed reforms to strengthen the regulatory powers of the NDIS Commission.

If enacted, the proposed changes will increase legal risks for providers and for their key personnel, including directors and executives of allied health providers.

What to watch:

Proposed additional:

statutory duties for providers and for key personnel of providers;
penalties for non-compliance;
restrictions on advertising and marketing for NDIS supports;
obligations to provide documents and information to the NDIS Commission; and
requirements to hold information in Australia.

New statutory duty owed by providers:

Provider obligation to ensure, as far as is reasonably practicable, that the conduct of the provider does not cause adverse effects to health and safety of participants while the provider is delivering those supports and services.

Breaches would attract a civil penalty.

New statutory duty owed by key personnel (personally):

Key personnel to exercise due diligence to ensure the NDIS provider complies with its NDIS Act obligations.

Likely to impose clear obligations on key personnel to train staff, manage risks, oversee and investigate incidents, and to address complaints.

New proposed penalties for providers include:

criminal offences for serious failures to comply with conditions of registration; and
significantly increased maximum penalties for serious harm or death of a participant.

Anti-promotion orders

Restrictions on advertising and marketing that undermines the integrity and principles of the NDIS.
Broadly consistent with existing allied health professional and ACCC advertising rules.
Will capture shopping coupons and other exploitative and inaccurate advertising.

Expanded information-gathering powers:

Proposed powers to:

require providers to provide documents and information; and
require information be provided in less than the current 14-day timeline.

Provider information must be held in Australia:

Information that is cloud-based and held overseas is sometimes hard to get.
All providers will be required to hold information within Australia.

Have your say and plan for 2025:

The consultation period ends on 20 December 2024. Give feedback as explained on the NDIS Commission reform hub.
Ahead of any changes, review your risk management systems, including your provider and key personnel insurance arrangements to ensure they remain adequate.

Go deeper:

Consultation on proposed changes to the NDIS Act (Bill 2)

Reform Road Map (as at 20 November 2024)

High alert: Allied health providers and participants on edge as NDIS funding for some therapies slashed without notice

David Kinnane · 27 November 2024 · Leave a Comment

What’s happened?

Yesterday, the National Disability Insurance Agency (NDIA) announced that the NDIS Pricing Arrangements and Price Limits will be amended radically with effect from 1 February 2025 to change the way music and art therapies are funded.
Many affected providers appear to have been blindsided, with some expressing real fears about the future of their businesses and jobs.
All allied health providers, and NDIS participants, should be worried about the precedent set by the NDIA’s decision-making process, including the way it announced significant changes.

Context:

Allied health providers can be paid by the NDIA only for services that are ‘NDIS supports’.
‘NDIS supports’ are now defined in section 10 of the NDIS Act 2013 and Schedule 1 of the NDIS (Getting the NDIS Back on Track No.1) (NDIS Supports) Transitional Rules 2024.
For allied health providers, key NDIS supports include:
- early intervention supports for early childhood (0-9 years) (Item 17); and
- therapeutic supports (Item 34).

Zoom in:

Early intervention supports are defined to include: “therapy provided by allied health professionals including speech pathologists and occupational therapists”.
Therapeutic supports include “supports that provide evidence‑based therapy to help participants improve or maintain their functional capacity in areas such as language and communication, personal care, mobility and movement, interpersonal interactions, functioning (including psychosocial functioning) and community living.” (Our emphasis.)

Driving the change:

According to the NDIA:

“While art and music therapy remain permissible, they do not meet the evidentiary standards required to be classified as a ‘therapy’ under the definition of NDIS supports.” (Our emphasis.)
From 1 February 2025, “[p]articipants will be able to access these supports…through their community participation budget:
- At a 1 to 1 rate of $67.56 an hour when delivered by a registered provider.
- At a group rate of $193.99 an hour when delivered to a minimum of 4 participants by a registered provider. This will support participants to have greater opportunities for inclusion and participation in the community.” (Our emphasis.)
“Participants and providers can continue with current arrangements until 1 February when the changes to the price guide come into effect.”
“We understand that the evidence base in relation to art and music therapy is continuing to be developed, as it relates to disability-related support. In recognition of this the NDIA is referring art and music therapy to be assessed by the NDIS Evidence Advisory Committee.” (Our emphasis.)

What we’re watching:

With its announcement, the NDIA:

has asserted that it can determine a recognised therapy is not supported by enough evidence to be classified as a therapeutic NDIS support;
will reduce the real-world choice and control of NDIS participants because:
- it must know that evidence-based music and art therapies cannot be delivered viably by qualified professionals for $67.56 an hour; and
- even at the lowered rates, appears to require that the services can be provided only by registered providers; and
appears to assume group therapy provides NDIS participants with greater opportunities for inclusion and participation in the community (many NDIS participants and advocates dispute this); and
has set a precedent for referring recognised therapies to an advisory committee – that doesn’t yet exist – to determine the legitimacy of their services for funding as therapies.

Bottom line:

Allied health providers and NDIS participants can no longer assume they will be consulted properly about major changes to NDIS funding or service-delivery models.
We should all keep a very close eye on:
- what is happening with the NDIS Evidence Advisory Committee including who will be be on it (expressions of interest close on 17 December 2024) and when it will be set up (potentially not until July 2025); and
- the NDIA’s evolving views on what constitutes evidence-based therapy for the purposes of determining whether a service is an NDIS support.

Go deeper:

NDIA: Statement – NDIS funded music and art therapy

Petition · Save Music Therapy: Keep It Funded Under NDIS – Australia · Change.org

Allied health providers must review services for young participants to ensure they’re NDIS supports

NDIS Evidence Advisory Committee | Department of Social Services

National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024

Allied health clinic owners: avoid chaos by focusing on strategic constants in a time of rapid change

David Kinnane · 20 November 2024 · Leave a Comment

Big picture:

In Australian markets for private allied health services, things are a bit all over the place at the moment:

Some clinics have closed, while new ones launch, and others aggressively expand.
Some clinic owners are going all in on the NDIS and future Foundational Supports, while others are reducing their NDIS work and looking to other markets.
Some clinic owners read every government announcement and paper, then scramble to adapt, while others wait to see what will happen.

Behind the scenes:

Each allied health clinic owner has to decide for themselves how best to respond to rapid changes, including:

new funding realities associated with pricing limits, more-limited NDIS supports, and (as yet undelivered) Foundational Supports;
potential increased professional regulation, e.g. flagged in the Scope of Practice Review and NDIS registration taskforce reports;
changed market dynamics, including frozen price limits and cost of living pressures;
government disability, health and education system overlaps and gaps;
shifting consumer preferences; and
technological advances, like telehealth and AI.

The problem:

“Agility” is a terrible business buzzword. But it’s almost impossible – and dangerous – to try to keep up with every change while running quality practices, helping clients, and managing a team. Attempting to respond to every change:

spreads limited resources too thinly;
weakens the focus on core competencies;
lures us into chopping and changing what we do without enough thought;
fosters a focus on short term opportunities and quick returns; and
can lead to organisational chaos, as we attempt to realign operations, processes, staff and culture to ever changing goals.

A solution:

Filter out transient factors, and instead re-commit to strategic constants, including:

core values;
client relationships;
key competencies; and
brand identity.

Case in point:

When Netflix transitioned from DVD-mailing to streaming, it understood that its key competitive value was derived from its core offering – delivering great content to customers – not from how it did it. This enabled it to make a major change to service delivery while staying true to its mission.

Zoom in:

Liao and Zhu (see link below) recommend a 4-step process for creating a strategically constant business in a time of rapid change. Paraphrased for allied health business owners, our key takeaways are as follows:

Start at the end: What’s your mission? What broad objectives can you set to achieve it in any market conditions?
Identify your strategic constants: What factors are relevant today and are likely to continue to be so in the future?:
1. Demand: The needs and preferences of your clients, e.g. for quality services, safety, convenience, and reputation.
2. Supply: Operational efficiencies, e.g. from workflows, delivery systems, and continuous improvement process in service delivery.
Match constants to capabilities: Review your strengths. Focus your strategy either on your demand or supply constants (not both to start with or you’ll lose focus and run out of resources).
Adapt around constants: Use your constants to set the boundaries for your decisions about how best to adapt to changes, including which services to offer, and which technologies to adopt.

Bottom line:

To create both stability (to take advantage of past successes) and agility (needed to evolve to exploit new opportunities related to your mission), clinic owners should review their business strategy and objectives to identify and prioritise strategic constants, while staying flexible about how to adapt to regulatory, market and other changes.

Go deeper:

Liao, J. and Zhu, F. (2024). How to Avoid the Agility Trap, Harvard Business Review, November-December issue.

Allied health providers: get up to speed on the key NDIS reforms that will affect your practice (a free resource)

Allied health NDIS providers: back yourself to try new things, and help more people: a case study

Paediatric allied health providers: let’s tackle our NDIS worries by improving our services, bit-by-bit, and monitoring general reform trends

Will NDIS reforms and foundational supports trigger the end for many paediatric allied health clinics?

Blood from a stone: What allied health NDIS providers can do to improve their lot

How will allied health NDIS providers survive? Some difficult choices ahead

David Kinnane

Tumult and disorder:

State of play:

General impressions:

General themes:

Attendee concerns, including about:

Services delivery preferences:

Many big questions remain:

Read more:

Big Picture:

What to watch:

New statutory duty owed by providers:

New statutory duty owed by key personnel (personally):

Anti-promotion orders

Expanded information-gathering powers:

Provider information must be held in Australia:

Have your say and plan for 2025:

Go deeper:

What’s happened?

Context:

Zoom in:

Driving the change:

What we’re watching:

Bottom line:

Go deeper:

Big picture:

Behind the scenes:

The problem:

A solution:

Case in point:

Zoom in:

Bottom line:

Go deeper: