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NDIS providers

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

David Kinnane · 12 July 2024 · Leave a Comment

If you are a private allied health business owner who works with NDIS participants – you should take a look at the Deloitte Access Economics report about NDIS price limits for therapy supports and the Ability Roundtable 2023-24 Annual Price Review Submission about Therapy Supports.  

Both are harrowing reads for occupational therapists, speech pathologists, physiotherapists, social workers, and other allied health businesses. They suggest that most of the bigger, NDIS-registered allied health therapy businesses operate at – or below – break-even point against NDIS price limits. For the 2024-25 financial year, the Ability Roundtable has projected a median loss (net margin) of -14.2% for larger registered providers of therapy supports.  

For registered and unregistered NDIS providers, the real costs of providing therapy supports to participants are often underestimated, including by many allied health business owners. Costs include:

  1. staff base wages and salary oncosts (e.g. annual leave, personal leave, public holiday leave, long service leave, and parental leave, superannuation, workers compensation insurance); 
  2. costs of supervision, training, professional development, and accreditation;
  3. non-billable (but necessary) activity costs, like non-billable client, travel and cancellation time;
  4. service delivery overheads, including occupancy costs (e.g. rent and electricity), motor vehicle fleet costs, specialised equipment, IT costs (e.g. laptops and software), and client consumables;
  5. non-service level staff costs (e.g. team leader and corporate governance costs);
  6. corporate overheads, e.g., IT, finance, human resources and recruitment, insurance, administration, marketing, quality control, and audit and legal expenses; and
  7. NDIS and other compliance costs. 

From Deloitte’s report, it appears that many of the bigger registered allied health businesses have a major structural business problem: high (and rising) fixed costs, a limited capacity to reduce variable costs without affecting service quality or access, a limited ability to increase staff productivity without increased turnover, and of course no room to move on prices. 

The Government’s decision to freeze NDIS therapy prices for another year increases financial pressures on allied health providers. To stay in business, allied health providers must (at least) break even. But we face several difficult choices and tradeoffs as we try to get there:

  1. We can’t lower wages without losing staff to higher paying opportunities, e.g. in the public sector.
  2. We can’t reduce new graduate and early career hiring and support without affecting the future of our professions (onboarding new graduates and building their caseloads requires significant investment and time, which affects average utilisation rates).
  3. We can’t ask frontline staff to see more clients without increasing staff burnout and turnover.
  4. We can’t cut corners on supervision, education and training without reducing the skills of our workforce and the quality of our therapy services.
  5. We can’t recalibrate staffing levels to match fluctuating client demand patterns (e.g. during school holiday periods) without reducing full-time employees and switching to casuals and contractors and reducing continuity of service to some participants.
  6. We can’t reduce investments in corporate governance controls without increasing business and client risks, including to safety.
  7. We can’t narrow our scope of services (e.g., switching to lower-cost supports or private client work outside the NDIS) without reducing NDIS participant access to our services.

For ethical reasons, many of these options and trade-offs are unacceptable for reputable allied health providers.

In the bleak business environment depicted in the Deloitte and the Ability Roundtable reports, it would be logical for:

  1. more registered NDIS allied health providers to deregister, continuing the trend described in the NDIA’s latest Annual Pricing Review;
  2. some allied health providers to downsize and to cut investments to reduce costs; 
  3. some allied health providers to cease working with participants with complex (higher cost) needs and to reduce (higher cost) in-community services to reduce losses; and 
  4. some allied health providers to pivot their businesses to focus on non-NDIS clients to reduce their exposure to NDIS price controls.

Unless allied health NDIS providers find new ways to increase productivity and to re-establish sustainable margins, we may end up with fewer registered allied health providers, fewer larger allied health employers, uneven levels of supervision, training and support for staff across the professions, and fewer options for some NDIS participants to access quality therapy supports. 

NDIS Providers: 5 basic things to know about the NDIS (Getting the NDIS Back on Track No. 1) Bill 2024

David Kinnane · 25 June 2024 · Leave a Comment

With today’s news, we don’t yet know the final form of the NDIS (Getting the NDIS Back on Track No.1) Bill 2024 or when it will be passed into law.

But, despite the uncertainty and lack of detail on many key points, NDIS providers (including unregistered providers) need to understand some basic concepts to prepare for the big changes ahead:

  • Providers should expect increased regulation, oversight, and enforcement action. The NDIS Quality and Safeguards Commission and the NDIS Commissioner will have expanded powers.
  • NDIS access rules will be clarified so that participants know whether they meet the disability requirements, the early intervention requirements, or both.
  • NDIS pathways will change. The NDIS will work differently for participants accessing early intervention supports compared with participants receiving disability supports for lifelong disabilities. (Future reforms will create a new early intervention pathway.)
  • Significant changes to NDIS supports, assessments, reports, and budgets:
    • “NDIS Supports” will replace “reasonable and necessary supports”, narrowing supports that will be funded by the NDIS.  
    • “Needs-based assessments” will replace diagnoses-based assessments, and produce “needs assessment reports”. 
    • The needs assessment report requirements will be developed in consultation with people with a disability, health and allied health technical professionals and governments. 
    • The “reasonable and necessary budget” will be determined by the needs assessment report and replace line-by-line “reasonable and necessary supports”.  
    • Reasonable and necessary budgets will be composed of “stated supports” (fixed budgets for things like assistive technology and supported independent living), “flexible funding” (e.g. for health or rehabilitations services), or both.
  • Provider boards and senior management must understand their NDIS compliance obligations and work with participants and others to improve their governance and leadership practices to enhance safety, quality, accountability, and responses to risk.

With thanks to the presenters at the Legalwise Seminars’ NDIS Law Intensive on 20 June 2024.

NDIS basics for new small and medium-sized providers: what’s it all about?

David Kinnane · 31 October 2022 · Leave a Comment

For many small and medium-sized providers of supports and services to National Disability Insurance Scheme (NDIS) participants, the NDIS can be confusing – especially for new providers.

To understand the NDIS, you need to know a bit about the National Disability Insurance Scheme Act (2013) (the Act).

What is the NDIS trying to do?

Among other things, the objects of the Act are to:

  • give effect to some of Australia’s obligations under the Convention on the Rights of Persons with Disabilities;
  • provide ‘reasonable and necessary supports’, including early intervention supports, for participants;
  • enable participants to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports;
  • promote the provision of high quality and innovative supports to enable participants to maximise independent lifestyles and full inclusion in the community; and
  • protect participants from experiencing harm arising from poor quality and unsafe supports or services provided under the scheme.

How does it work?

The Act’s objects are achieved through:

  • the NDIS, which follows an insurance-based approach, informed by actuarial analysis, to the funding of supports for participants;
  • the National Disability Insurance Agency (NDIA), which delivers the scheme;
  • a national framework that regulates:
    • registered NDIS providers and their services and supports; and
    • services and supports provided to participants by unregistered providers; and
  • the NDIS Quality and Safeguards Commission and the Office of the NDIS Quality and Safeguards Commissioner, which oversee:
    • the quality of safety of services and supports provided to participants;
    • NDIS providers;
    • allegations of misuse and fraud; and
    • the NDIS worker screening database.

Source: sections 3, 4, and 8 of the National Disability Insurance Scheme Act 2013 (Cth), as amended.

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