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NDIS

Speech pathologists should consider notifications and continuity of supports for clients over the holiday period

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As we approach the holiday season, a few reminders:

  • NDIS participants have a right to timely and appropriate support.
  • Planned interruptions to services should be announced ahead of time, explained and agreed with participants ahead of time.
  • When needed for the safety, health or wellbeing of a participant, alternative arrangements should be in place to support them over the break.
  • To avoid miscommunication and client frustration, it’s a good idea to give all clients and the general public plenty of notice about your holiday opening hours. 

Here’s what we say:

Read more: NDIS Practice Standards and Quality Indicators (Version 4), Core Module 2.

Australian SLP Spark Alert: Australian SLPs must review their marketing materials and websites ASAP!

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The big picture:

On 13 November 2024, the Australian Competition & Consumer Commission (ACCC) warned providers to review their advertising about NDIS services as a matter of urgency.

Why it matters:

Now that new laws are in place about NDIS supports, the ACCC is going after “problematic advertising practices” targeting NDIS participants. All marketing and advertising materials must: 

  • be true and accurate; and
  • not mislead or deceive.

Zoom in:

Speech language pathologist (SLP) services and products are not automatically NDIS approved or funded for all participants. When marketing services and products to NDIS participants, SLPs must not use terms like:

  • “NDIS approved”
  • “NDIS funded”
  • “NDIS accredited”
  • “NDIS endorsed”  

or anything else that suggests services are funded or approved by the NDIS. 

Bottom line:

The ACCC is monitoring provider advertisements closely to ensure they follow the rules, and “will not hesitate to take appropriate enforcement action” if they “consider advertising is false or misleading”. 

Read more:

NDIS providers put on notice about consequences of misleading advertising | ACCC

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

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

See also: 

SPA Code of Ethics – Advertising (updated with effect from 1 July 2024)

Code of Conduct – Non-registered Health Practitioners – section 10 (NSW)

NDIS Code of Conduct – Part 2, Section 4.

Advertising and promotions | ACCC

Australian SLP Spark: NDIS Reminder: update your invoice systems before 2 November 2024

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The big picture:

The NDIS CEO expects SLP providers to be up to speed on the new NDIS rules before 2 November 2024 (i.e. by close of business on Friday, 1 November).

Why it matters: 

  • From 3 October 2024, participants can only spend NDIS funding on things that are in the approved list of NDIS supports, and cannot spend NDIS funding on anything in the non-NDIS supports list (other than a replacement support exception).
  • SLP services and invoices need to reflect the new laws. 
  • As a condition of processing, many plan managers are now requiring confirmation from SLPs that our services are, in fact, NDIS supports.

What to do: 

  • Make sure your services are “NDIS supports” within the meaning of Schedule 1 of the new Rules.
  • Update your invoices to include a statement about NDIS supports. 

Zoom in: 

  • To get paid efficiently, include enough detail in your invoices to allow third parties to substantiate that your services are NDIS supports.
  • Example invoice wording: “This is an NDIS Support as described in column 2 of [item 17/item 34] in the table in clause 1 of Schedule 1 of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024.”
  • The exact statement/item numbers on invoices will depend on your service mix – and how much space is available in your template invoice fields.  

Go deeper: 

Read:

More from us:

Hot topic: Will all Australian SLP practices have to register with the NDIS Commission? 

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Breaking news:

On 2 August 2024, the NDIS Provider and Worker Registration Taskforce Advice was released, with their views on mandatory registration.

SLP views were heard:

“The Taskforce acknowledges there are a number of allied health practitioners who are not required to register with AHPRA, including…speech pathologists. Some of these practitioners operate in a self-regulated environment (e.g. for National Alliance of Self Regulating Health Professions (NASRHP)). These frameworks may be accompanied by a certification process and Code of Ethics. We have heard that members of these bodies would prefer to not be required to operate under duplicate accreditation and registration requirements, through mandatory registration with the NDIS Commission.”

Existing CPSP self-regulation arrangements may count as NDIS registration:

“The Taskforce recommends consideration be given to the appropriateness of extending a recognition of those registration schemes to self-regulating allied health professionals. Any such assessment would need to consider the requirements of the self-regulated environment and other relevant matters. This recommendation is in relation to registration only and does not apply to worker screening.” (Our emphasis.)

Why it matters:

SLPs are well-regulated in Australia with certification processes, professional standards that mirror AHPRA standards, and a robust Code of Ethics with complaint processes.

Mandatory NDIS registration would increase compliance costs and red tape, duplicate existing rules, and discourage some SLPs from offering NDIS-funded services, reducing participant choice and control.   

Go deeper:

Read the NDIS Provider and Worker Registration Taskforce Advice.

Watch this space:

We now await the Government’s response to the Taskforce advice.

This article also appears in a recent issue of Banter Booster, our weekly round up of the best speech pathology ideas and practice tips for busy speech pathologists, speech pathology students and others.

Sign up to receive Banter Booster in your inbox each week:

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

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The National Disability Insurance Agency (“NDIA”) has published pricing arrangements for the National Disability Insurance Scheme (“NDIS”) in its NDIS Pricing Arrangements and Price Limits 2022-23 (“Pricing Arrangements”), which took 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.

NDIS Service Agreement Template
NDIS and Health Provider Booking and Cancellation Policy Template

Disclaimer: we have done our best to ensure that this article is correct as at the date of publication (7 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.

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