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Allied Health NDIS Providers: Keep your eye on the ball in 2025!

David Kinnane · 21 January 2025 · Leave a Comment

Happy new year, allied health NDIS providers! 

After the wild lead up to the end of 2024, we hope you managed to get a break and to reset for what promises to be another eventful year.

Media watch: Did you (like me) spend part of your break reading the steady stream of NDIS media reports, press releases, and commentaries? 

  • Some providers are allegedly committing all sorts of alleged frauds, rorts, scams, misleading advertising campaigns, and worker abuses, warranting continuing ‘crack downs’ by regulators, including the NDIS Commission and the ACCC.
  • To some economists, the NDIS is a productivity drain producing jobs that take workers from other, “more productive” sectors, putting pressure on budgets and interest rates.
  • Investigations by Rick Morton and others suggest that children have been affected most by NDIS cuts and reforms to date.
  • The long-term funding of music therapy remains uncertain.
  • The costs of assessments remain a significant barrier for some looking to access NDIS supports. 
  • Some allied health providers have gone into liquidation or otherwise gone out of business over the break.
  • Governments are establishing a National Disability Data Asset to consolidate 18 existing data sets to connect Federal and state information about people with disability (expected to be operational in 2026).
  • The NDIA has more representatives with disability.
  • We have a new national Autism strategy, but it is unclear as to how it will work with the NDIS and Foundational Supports. 
  • Lots of positive anecdotal participant stories have been shared through NDIA press releases.
  • We have a new NDIS Minister.

Ignore the spin: Don’t be distracted by news cycles. Here are six issues I’m watching like a hawk in 2025:

1. Independent Assessments 

  • Who will be eligible to do them, and how will independent assessors be hired, trained and paid (and by whom)?
  • How will independent assessors balance their legal and professional obligations to participants against their obligations to the NDIA? To whom will they be accountable?
  • Which assessment tools will be used and will they be valid and reliable for the wide range of people being assessed?
  • What reports and other outputs will be produced from assessments? Will they be detailed enough to enable allied health providers to work with participants and families to generate management and therapy plans with meaningful outcome measures?
  • Explore further

2. Foundational Supports

  • When will the agreement between states and the Federal Government be made and disclosed so we can understand funding arrangements? 
  • How will funds be allocated, e.g., between cities and rural and remote communities? Will individuals (or groups) be funded, or organisations?
  • Who will be eligible to receive supports? Autistic children? Children with language or learning disabilities and disorders? Who will be ineligible?
  • Who will deliver? Will allied health professionals be involved, or will most front-line services be delivered by assistants or other paraprofessionals? What role (if any) will the private sector allied health providers play? Will allied health professionals be contracted or employed?
  • Where and access? Assuming Foundational Supports will be delivered in mainstream settings, like childcare centres and schools, how will access to settings work in states without integrated health and education systems (like NSW)?  
  • How will supports be delivered? Whole class, small groups, 1:1,  face-to-face, distance learning, and/or in other ways? Pull-out, inclusive?
  • ‘Dosage’: The consultation documents to date contemplate ‘low dose’ or short-term interventions. Will dosage be determined by evidence, funding constraints, or in a different way?
  • Goals and outcomes: How will goals be set and outcomes measured to ensure supports are effective and value for money?
  • Explore further

3. Mandatory NDIS Provider Registration

  • When will the government respond to the recommendations made by the NDIS Provider and Worker Registration Task Force (released 2 July 2024) in relation to allied health professionals?
  • If the government decides to move forward with mandatory registration of allied health providers:
    • will allied health workers with more than incidental contact with participants require worker screening? (This seems almost certain.) 
    • will Australian Health Practitioner Regulation Agency (AHPRA) registration suffice to fulfil the requirements for NDIS registration for registered allied health practitioners?
    • will self-regulatory certification suffice for allied health practitioners who are self-regulated by peak bodies who themselves are National Alliance of Self Regulating Health Professions (NASRHP) members?
    • what (if anything) will multidisciplinary and corporate allied health providers be required to do for registration assuming allied health professionals are registered with AHPRA or self-regulated by a member of NASRHP? 
    • what (if any) additional compliance requirements will currently unregistered providers be required to meet for registration, e.g. for complaints management or incidents reporting.  
  • Explore further 

4. Pricing

  • We await the recommendations of the Independent Pricing Committee announced in September 2024 and headed by Stephen Anthony. These recommendations are expected in February 2025.
  • We understand this advice will be used to develop the Annual Pricing Review for the coming year.
  • If pricing limits are not lifted meaningfully this year, we predict an exodus of reputable providers from the sector as they will not be able to afford to train, pay and/or supervise their teams properly within current settings.
  • Explore further

5. Allied health services as NDIS supports

  • Given all that’s happened – and is still happening – to music and arts therapy providers, we all need to be on guard for any announcements, proposals or changes to the definition or interpretation of allied health-related NDIS supports.
  • Explore further

6. Participant choice and control

  • As we work hard to adapt our supports and services to changing regulatory and business environments, providers must never lose sight of participants at the centre of the NDIS. 
  • Two key questions:
    • How will participant choice and control be protected as NDIS consultations and reforms continue to roll out at a rate of knots?
    • Will participants and other stakeholders have an opportunity to participate meaningfully in the co-design of supports and services? 
  • We should continue to resist any attempts to sow seeds of division between participants and providers. 
  • Reputable allied health providers and the participants we serve are all in this together.

Read more: 

For those of you who want to do a deep dive into recent NDIS news, here are links to some of the key news stories published over the break:

Allegations some providers self-serving, fraudulent, running scams, etc: 

Pauline Hanson rips into NDIS as an ‘absolute scam’

NDIA Empowered to Scrutinise Providers Under the NDIS Act for Overutilisation of Funds | Moray & Agnew

NDIS fraud crackdown recovers millions in nationwide sweep | Insurance Business Australia

Millions saved as NDIS fraudsters cut-short by Government taskforce | Media Release from the Minister for the NDIS Bill Shorten

ACCC puts NDIS providers who engage in ‘problematic advertising practices’ on notice – Product Liability & Safety – Australia

ACCC puts NDIS providers who engage in ‘problematic advertising practices’ on notice

NDIS providers slammed for being overly ‘self-serving’

Authorities raid properties connected to one of Australia’s worst NDIS providers | A Current Affair

NDIS participant’s family fears son being exploited for $670k plan – ABC News

ACCC Federal Court action against NDIS and aged care provider welcomed | Department of Social Services Ministers

ACCC targets NDIS provider over alleged misleading sales practices | Insurance Business Australia

See also Daily Telegraph articles (not linked due to paywalls)

Some NDIS providers are allegedly exploiting workers: 

Unions claim disability workers underpaid over Christmas – ABC listen

Australian disability support worker denounces big-business attacks on “sleepover” rates and other hard-won rights

Disability staff lose big on Christmas workday: union

NDIS as a drag on productivity, increasing interest rates:

Government jobs boom thwarts RBA rate cuts – MacroBusiness

Unsustainable NDIS spending exposes budget and economy – MacroBusiness

Costs of Assessments a barrier to support: 

NDIS access fails at first financial hurdle for families with disability – ABC News

NDIS participants fear high assessment costs are proving a barrier to support | The West Australian

Independent assessments:

PWDA, Disability Groups Oppose New Support Assessment | Mirage News

Future of music, arts, play therapy: 

Future of music therapy NDIS funding in doubt as review announced – ABC News

‘It would deflate our world’: how NDIS cuts to music therapy may silence Ava’s voice | National disability insurance scheme | The Guardian

Families to keep music and art therapy funding as Shorten pauses cuts

Play Therapy, the forgotten psychological science in our NDIS – The Big Smoke

Amanda Rishworth as likely NDIS Minister (now confirmed):

Amanda Rishworth tipped to take over NDIS from Bill Shorten in pre-election cabinet reshuffle | Australian politics | The Guardian

Problems getting access to assessments and reviews: 

NDIS reforms leave families pleading for in-person assessment | A Current Affair

A Current Affair: NDIS reforms leave families pleading for in-person assessment

Couple face barriers to attract NDIS review – The Warragul and Drouin Gazette

Children targeted in NDIS reforms: 

Exclusive: Children targeted in NDIS crackdown | The Saturday Paper

Exclusive: ‘Catastrophic errors’ seen in rushed NDIS reform | The Saturday Paper

Robodebt shadow leaves fears NDIS will be next victim of disabling policy

What does the future hold for the NDIS – and its participants? | SBS News

NDIA has more representatives with disability:

Australian government expands disability representation with NDIA appointments | Insurance Business Australia

Bill Shorten will leave the NDIS in the hands of people with disability

More people with disability appointed to the NDIA Board and NDIS Independent Advisory Council

Will new National autism strategy and foundational supports work together?

Australia has a new autism strategy but questions remain for those who don’t get NDIS support

Funding cuts threaten early intervention program for kids with autism

Good news stories about people with disabilities getting support: 

Laura is grateful the NDIS is there when she needs it

From Bench to Home: How the NDIS Empowered Jack

A big believer in the NDIS, Mandy is now helping others

Shorter hospital stays for NDIS participants saving ‘hundreds of millions’, Bill Shorten says | National disability insurance scheme | The Guardian

Providers going out of business:

Another Geelong disability organisation goes bust

NDIS provider collapses right before Christmas, staff learn in brutal text message

Foundational supports: 

New report calls for more foundational support for early childhood

State premiers petition against proposed federal NDIS overhaul

Linking disability data:

World-first data asset to improve outcomes for people with disability | Press Release from the Minister for Social Services Amanda Rishworth

Benefits of self-management to get the most out of plans and NDIS workshop, NDIS app on self-management: 

Parents Jennifer and Josh are thinking creatively to get the most from their sons’ NDIS plans.

Self-manager Gill is using the tools and resources available to help her get the most out of her NDIS plan

Bree and Mitch built their capacity to self-manage by starting small and learning what works best for them. | NDIS

Paediatric allied health providers: government-funded, dedicated, multi-disciplinary needs assessors to provide “free” assessments for children under 9 

David Kinnane · 18 December 2024 · Leave a Comment

What’s happened:

As part of the NDIA’s early designs for a new early intervention pathway for children under 9, the Government plans to create and fund a “dedicated, multidisciplinary workforce” of needs assessors to assess children under 9 with developmental delay or disability. Families will not need to pay for these assessments.

Driving the change:

  • The authors of the 2023 NDIS Review recommended the NDIA should reform the early intervention pathway for children under the age of 9 to enter the NDIS; and introduce a more “consistent and robust approach to assessing developmental delay”. 
  • The Government claims that creating a new workforce of dedicated needs assessors will mean that allied health professional time will be “freed up” so we can spend more time delivering supports, “putting downward pressure on waiting times…over the next 5 years”. 

Anti-provider undercurrents? While acknowledging allied health professionals have a “crucial role in the Scheme”, the Minister, in his press release (linked below): 

  • states repeatedly that the aim of the change is to put participants “back in the centre of the scheme”, suggesting they’re not there now; and
  • unhelpfully claims allied health professionals write “expensive 80-page reports which are not able to be implemented”. (!)

Reality checks: 

  • Nothing is changing right now for participants or allied health providers. The NDIA will need time to:
    • create and (presumably) train a new dedicated workforce of needs assessors; 
    • consult with participants and professionals to identify valid and reliable assessment tools they can use to determine the NDIS support needs of children; and
    • co-design and implement the rest of the early intervention pathway.
  • If the announced changes are implemented, families will have less choice and control over who assesses their child.
  • The proposal is a sustainability measure. There is no such thing as a free assessment – somebody will pay, e.g.:
    • some families, through Government savings from decisions to revoke or not grant access to the NDIS, or through significantly reduced plan funding; and
    • taxpayers.

What to watch:

  • What criteria (experience, qualifications, checks) will be required for someone to become a needs assessor? 
  • How will needs assessors balance their NDIA policy objectives with their legal, ethical, and professional obligations to clients, their professions, and to the public?
  • Who will train and supervise needs assessors? To whom will they be accountable?
  • Which assessment battery/tools will needs assessors use to assess participants, and are they valid and reliable for the children assessed?
  • How will the (as yet undesigned) new early intervention pathway interact with the (as yet unfunded and unannounced) Targeted Foundational Supports system, and various mainstream supports systems in different settings and states to support children?

Assessment quality affects the safety and quality of NDIS supports: 

  • To deliver safe, evidence-based, and quality NDIS supports to young children, allied health professionals need accurate, complete, and reliable assessment data, communicated in clear, trustworthy reports written by qualified professionals. 
  • Reports shouldn’t be 80-pages long. But, to meet NDIS objectives and measure outcomes, they must take into account:
    • a child’s delay or disability;
    • the effects of the child’s delay or disability on their real-world functioning, inclusion, participation, and quality of life; and 
    • the family’s priorities and concerns. 
  • Without solid assessment data and reports, allied health professionals will struggle to provide personalised, evidence-based and family-centred care, and to measure outcomes without spending scarce therapy time establishing baselines and evidence-informed therapy goals. 

Bottom line

  • Allied health professionals should:
    • continue to advocate for the choice and control of participants and families; 
    • push back against unhelpful anti-provider rhetoric that seeks to pit participants against providers in a zero-sum-game; and
    • be proud of the work we do to deliver high quality, safe supports to children across the country, despite all the uncertainties and risks created by rolling reforms.

Read more: 

Minister for the NDIS Media Release: Putting participants back at the centre of the NDIS

Allied health NDIS providers: after 6 months of havoc, make time to rest, recharge and reset for 2025 

David Kinnane · 12 December 2024 · Leave a Comment

Tumult and disorder: 

Consider just some of what we’ve endured in the second half of 2024:

  • 01.07: Pricing Limits unchanged for 5th straight year
  • 02.07: NDIS Taskforce Report on Provider registration
  • 04.08: NDIS supports “consultation”
  • 22.08: NDIS Bill No 1. Passes
  • 03.09: NDIS Commission Enforcement Policy
  • 04.09: NDIA Quality supports for Children Guide
  • 05.09: new NDIS Act becomes law
  • 16.09. First phase of mandatory registration announced
  • 18.09: NDIA CEO emails participants about changes
  • 19.09: Reform Roadmap released
  • 20.09: Foundational Supports General Supports consultation
  • 26.09 Future Conflicts of Interest resources announced
  • 26.09 Independent Pricing Committee announced
  • 01.10 Transitional Rules on NDIS Supports take effect
  • 03.10 NDIS Amendment Act comes into force
  • 07.10 NDIA CEO email to participants about transition
  • 25.10 NDIA CEO emails providers about NDIS support grace period (ends 1.11)
  • 28.10 New laws announced re increased provider penalties
  • End of October: Foundational Targeted Supports consultation paper
  • 05.11 Final Report on Scope of Practice Review released
  • 11.11. Position statement on Conflicts of Interest released
  • 13.11 Consultation in NDIS Bill 2 
  • 13.11 ACCC warning to providers about advertising
  • 26.11 Music and arts therapy announcement
  • 27-29.11 Foundational Supports seminars
  • 02.12 Ramped up fraud prevention investment
  • Sometime soon, perhaps? NDIS Operational Guidelines on therapy supports?

Overwhelmed? Worry not. Take a breath, and check out our plain English update summaries (see below).

Stand proud: Despite all the sound and fury of 2024, most of us have muddled through and worked hard to:

  • support NDIS participants, families and carers; 
  • train and supervise our teams; and
  • stay in business!

Self-care: Even if just for a day or two, take time to:

  • rest;
  • ‘touch grass’ (as the young folk say); and
  • gear up for what promises to be an eventful 2025.

Happy holidays! Thanks for your support this year. See you in 2025!

Plain English update summaries:

Targeted Foundational Supports consultations: an “idea salad” with more questions than answers for allied health providers?

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

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

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

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

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

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

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

The 1st Foundational Supports Consultation has kicked-off. 8 things allied health NDIS providers need to know

The Government’s Draft List of Allied Health NDIS Supports: What’s In; and What’s Out

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

Therapy Support Providers: Frozen pricing limits and shorter notice cancellation rules. What was the NDIA thinking?

Targeted Foundational Supports consultations: an “idea salad” with more questions than answers for allied health providers?

David Kinnane · 3 December 2024 · Leave a Comment

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.

Read more: 

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)

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