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Competition and Consumer Protection Commission - Guidelines for contracts of care in nursing homes May 13, 2019

In December 2016 Sage Advocacy published a discussion document on Nursing Home Charges and in October 2017 it published a further discussion document on Nursing Home Contracts.  Following this, and a considerable level of media coverage and public concern, the Competition and Consumer Protection Commission engaged with the issue of nursing home contracts and organised a public consultation process.  Sage Advocacy made a detailed submission to the CCPC in February 2018.
Sage Advocacy welcomes the publication of these Guidelines for Contracts of Care in Nursing Homes.  It is a long-awaited response by one agency of state but other responses are required.  Sage Advocacy is disappointed with certain aspects of the guidelines document.

  1. The guidelines suggest that in drafting fair contracts the nursing home should ‘Consider the consumer and their situation’.  It recognises that the nursing home may be dealing with a vulnerable person but it makes absolutely no mention of the issue of consent, of the need to be aware of the guiding principles of the Assisted Decision Making (Capacity) Act 2015 due to be commenced in late 2020.  
  2. In our submission to the CCPC in February 2018 Sage Advocacy drew attention to the difficulties identified with the process of agreeing contracts for care in nursing homes.

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