Notices of Non-compliance, Notices to Agree and Sanctions in Lithgow Aged Care Limited

Service Provider: Lithgow Aged Care Limited

Non-Compliance Notices

Details
Status Status Archived
Date notice sent Date notice sent 08/02/2021
Reason(s) for notice Reason(s) for notice A Non-Compliance Notice was issued to the approved provider for failure to comply with the requirements under section 63-1(1)(m) and section 52M-1 of the Aged Care Act 1997. Specifically, in relation to the requirements to comply with Accountability Principles 2014 and the Prudential Standards set out in Part 5 of the Fees and Payments Principles 2014 (No.2).
 
Under section 35(1) and section 37 of the Accountability Principles, an approved provider must, for each financial year, prepare an Aged Care Financial Report (ACFR) relating to the activities of the approved provider and must give the aged care financial report to the Secretary of the Department within 4 months after the end of the financial year, i.e. by 31 October.
 
Under section 51 of the Fees and Payments Principles, an approved provider must give the Secretary an Annual Prudential Compliance Statement (APCS) within 4 months after the end of the financial year, i.e. by 31 October.
 
Outcome Outcome The approved provider has remedied the non-compliance.

Sanctions and Notices to Agree

Details
Status Status Archived
Sanction or Notice to Agree applied Sanction or Notice to Agree applied
  1. The approved provider is not eligible to receive Commonwealth subsidies for any new care recipients at the service for a period of three (3) months and twenty-nine (29) days.
Further requirements:
Revocation of approved provider status, unless the following actions are undertaken:
a)    an adviser is appointed by the approved provider for a period of six (6) months (ceasing 18 June 2021), at its expense, to assist the approved provider to comply with its responsibilities in relation to care and services;
c)    the approved provider provides relevant training within six (6) months (completion by 16 April 2021), at its expense, for its officers, employees and agents and to demonstrate that they have provided this training.
 
Sanction or Notice to Agree date Sanction or Notice to Agree date 18/12/2020
Expiry date Expiry date 16/04/2021
Reason(s) for sanction or notice to agree Reason(s) for sanction or notice to agree The Aged Care Quality and Safety Commission identified that there is an immediate and severe risk to the safety, health or well-being of care recipients to whom the approved provider is providing care.
 
Failures of relevance to the decision to impose the sanction are:
 
Standard 2 – Ongoing assessment and planning with consumers
Based on the following requirements:
(3) (a), (3) (e)
 
Standard 3 – Personal care and clinical care
Based on the following requirements:
(3) (a) (i), (ii), (iii), (3) (b), (3) (d), (3) (e), (3) (g) (i), (ii)
 
Standard 5 – Organisation’s service environment
Based on the following requirements:
(3) (a), (3) (b) (i), (ii)
 
Standard 6 – Feedback and complaints
Based on the following requirements:
(3) (d)
 
Standard 7 – Human resources
Based on the following requirements:
(3) (a), (3) (b), (3) (c), (3) (d)
 
Standard 8 – Organisational governance
Based on the following requirements:
(3) (a), (3) (b), (3) (c) (i), (ii), (iii), (iv), (v), (vi), (3) (d) (i), (ii), (iii), (3) (e) (i), (ii), (iii)
 
Current status of service Current status of service

An advisor was appointed by the approved provider on 22 December 2020.

A residents and relatives meeting was held on 24 December 2020.

The approved provider has sold this service. While the non-compliance remains the Aged Care Quality and Safety Commission will continue to monitor this service and support the new approved provider in returning the service to compliance.
 

Details
Status Status Archived
Sanction or Notice to Agree applied Sanction or Notice to Agree applied
  1. The approved provider is not eligible to receive Commonwealth subsidies for any new care recipients at the service for a period of six (6) months.
     
  2. Revocation of approved provider status, unless the below conditions are undertaken:
    • an adviser is appointed by the approved provider for a period of nine (9) months, at its expense, to assist the approved provider to comply with its responsibilities in relation to care and services;
    • an administrator is appointed by the approved provider for a period of nine (9) months, at its expense, to assist with responsibilities in relation to governance and business operations; and
    • the approved provider agrees to provide relevant training within nine (9) months, at its expense, training for your officers, employees and agents as specified in the sanction and to demonstrate that they have provided that training.
Sanction or Notice to Agree date Sanction or Notice to Agree date 20/08/2019
Expiry date Expiry date 20/05/2020
Reason(s) for sanction or notice to agree Reason(s) for sanction or notice to agree

The Department identified that there is an immediate and severe risk to the safety, health or well-being of care recipients at the Service following information received from the Aged Care Quality and Safety Commission.

The Department has identified critical deficiencies at the Service contributing to serious and detrimental failings in several areas of care delivery including but not limited to:
Standard 2 - Ongoing assessment and planning with consumers
Standard 3 - Personal care and clinical care
Standard 4 - Services and supports for daily living
Standard 7 - Human resources

Additional failures of relevance to the decision to impose sanctions are:

Standard 1 - Consumer dignity and choice
1(3) (a), (b), (c), (c)(i), (c)(ii), (c)(iii), (c)(iv), (d), (e), (f).
Standard 2 - Ongoing assessment and planning with consumers
2(3) (a), (b), (c), (c)(i), (c)(ii), (d), (e).
Standard 3 - Personal care and clinical care
3(3) (a), (a)(i), (a)(ii), (a)(iii), (b), (c), (d), (e), (f).
Standard 4 - Services and supports for daily living
4(3) (a), (b), (c), (c)(i), (c)(ii), (c)(iii), (d), (e), (f), (g).
Standard 5 - Organisation’s service environment
5(3) (a), (b), (b)(i), (b)(ii), (c).
Standard 6 - Feedback and complaints
6(3) (a), (b), (c), (d).
Standard 7 - Human resources
7(3) (a), (b), (c), (d), (e).
Standard 8 - Organisational governance
8(3) (a), (b), (c), (c)(i), (c)(ii), (c)(iii), (c)(iv), (c)(v), (c)(vi), (d), (d)(i), (d)(ii), (d)(iii), (e), (e)(i), (e)(ii), (e)(iii).

Current status of service Current status of service

Sanction 1 expires: 20/02/2020

The Department and the Aged Care Quality and Safety Commission are continuing to monitor the service.

A residents and relatives meeting was held on 4 September 2019.

An advisor was appointed by the approved provider 23 August 2019.

An administrator was appointed by the approved provider 23 August 2019.