HEALTHCARE QUALITY COMMISSIONER BILLNEW HEALTH COMPLAINTS LEGISLATION

Michael Gorton AM

Principal

26 September 2014

mwg 3756028

> Bill

> Explanatory Memorandum

> Review

> Government response to Review

> HSC Research – Views of Complainants

In Parliament – May not pass

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> Maintain Victoria’s approach to conciliate complaints

> Faster, more effective complaint processing

> Link to quality improvements

> Deal with unregistered providers

> Support for complainants

> Improve interface with AHPRA

OBJECTIVES

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> Local resolution – Commissioner may defer

> Anyone may complain – but consent required

> Carers may complain

> Lodgement more flexible

> Commissioner to assist

> Early ADR approach – Informal/Proactive

COMPLAINT PROCESSING

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> Broader powers – provide information / documents

> Power to refer to other agencies

> Move to investigation or conciliation faster

> Combining complaints (“Frequent Flyers”)

COMPLAINT PROCESSING

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> Complaint handling standards

> Comprehensive data

> Power to follow up “outcomes” from investigation / conciliation

> De-identified recommendations

> Power to name (after due process)

QUALITY IMPROVEMENT

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(“UNETHICAL, IMPAIRED OR INCOMPETENT GENERAL HEALTHCARE PRACTITIONERS”)

> Code of Conduct

> Prohibition Order for breach (including temporary, interim or permanent)

> Public warnings / naming if “serious risk”

> Similar to NSW, QLD, SA (move to National scheme)

UNREGISTERED PROVIDERS

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> Code to cover: Delivery of services

False claims

Infection control

Record keeping

Information to patients

> Review by VCAT

UNREGISTERED PROVIDERS

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> Arising from complaint / Code of Conduct / referral by Minister or Parliament

> Stronger powers to compel

> Investigation reports – recommendations

> Complaint “Data investigation” – systemic issues

> Follow up on recommendations – further inquiry

INVESTIGATIONS

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> No longer absolute (even conciliation)

> But strict limits and protections:

Commissioner believes necessary

Public interest test

Due process

Approval of Department Secretary

> A party cannot disclose anything from conciliation (unless agreed)

CONFIDENTIALITY AND DISCLOSURE

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> Current Commissioner / AHPRA consultations – already streamlined

> Splitting – allows simultaneous handling

> Better communication / explanation for parties

IMPROVE RELATIONSHIP WITH AHPRA NOTIFICATIONS

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> Different approach / coverage with MHCC

> Splitting and referral where appropriate

MENTAL HEALTH COMLAINTS

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> Healthcare Quality Council (of HSRC) Increased oversight

> HQC Practice Protocols

> Guiding Principles

> Advertising and education of changes

> Power to require de-identified data from providers

ADMINISTRATION

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QUESTIONS

CONTACT

Michael W Gorton AM

Principal

Russell Kennedy Solicitors

Level 11, 469 La Trobe Street, Melbourne

Tel: (03) 9609 1625

Fax: (03) 9609 6825

MWG 3756028

The information contained in this presentation is intended as general commentary and should not be regarded as legal advice. Should you require specific advice on the topics or areas discussed please contact the presenter directly.

Disclaimer

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