First Gen Healthcare Solutions - Terms of Business
Responsibilities of Providers within the NDIS:
Ensuring Scheme integrity and protecting against misuse and fraud is the responsibility of everyone engaged with the NDIS. As a provider, First Gen Healthcare Solutions acknowledges and accepts the following responsibilities to ensure Scheme integrity:
1. Acting in Accordance with Australian Consumer Law:
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Adhering to the principles outlined in the Australian Consumer Law in all interactions with participants.
2. Charging within Price Limits and Pricing Arrangements:
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Ensuring that all charges are within the price limits and pricing arrangements specified in the NDIS Pricing Arrangements and Price Limits.
3. Declaration of Prices to Participants:
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Providing clear declarations of prices to participants before the delivery of any service.
4. Providing Receipts to Participants:
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Furnishing participants with receipts to facilitate the acquittal of funds against their plan.
5. Timely Payment Requests:
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Making payment requests only after the support has been successfully delivered or provided.
6. Timely Submission of Payment Requests for NDIA-Managed Participants:
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Submitting payment requests for NDIA-managed participants within a reasonable time frame, not exceeding 90 days from the end of the service booking.
7. Record-Keeping:
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Maintaining comprehensive and accurate records of all supports delivered.
8. Conflict of Interest Management:
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Proactively managing perceived and actual conflicts of interest to ensure transparency and fair practices.
Provider Compliance Obligations:
First Gen Healthcare Solutions commits to complying with the rules set out by the NDIA and the NDIS Commission, including the following six main compliance obligations:
1. Correct and Truthful Claims:
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Making claims for payments that are correct and truthful.
2. Supports in Line with Participant's Plan:
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Only providing and charging for supports that align with a participant's approved plan.
3. Conflict of Interest Declaration and Management:
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Identifying, declaring, and managing any conflict of interest, including disclosing relevant information to the participant.
4. Fair and Ethical Financial Dealings:
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Behaving fairly and ethically in all financial dealings.
5. No Misleading Practices:
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Not purposely misleading anyone to gain a financial or other advantage.
6. Ethical Conduct with Public Officers:
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Not attempting to convince a public officer to act unethically.
Australian Consumer Law Responsibilities:
Under the Australian Consumer Law, First Gen Healthcare Solutions is legally required to:
1. Treat Customers Fairly:
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Avoiding unconscionable conduct when dealing with participants.
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Providing accurate information about products and services.
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Offering remedies when goods or services fail to meet consumer guarantees.
2. Compliance with Unfair Contract Terms:
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Complying with consumer law requirements around unfair contract terms.
3. Product Safety Obligations:
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Taking responsibility for the safety of goods and actively testing products for safety.
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Immediately notifying the ACCC of any reports of death or serious injury caused by supplied products.
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Recalling products that present safety risks or do not comply with standards.
4. Fair Competition:
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Competing fairly in the market and refraining from anti-competitive agreements.
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Avoiding agreements with competitors on pricing, goods/services provided, or geographic areas served.
First Gen Healthcare Solutions acknowledges that failure to comply with these responsibilities may result in legal consequences, including penalties and potential bans for unregistered providers. It is imperative to stay informed about the obligations outlined by the ACCC and the NDIS Commission. For more detailed information, refer to the ACCC publication "A Guide to Competition and Consumer Law for Businesses Selling to and Supplying Consumers with Disability."
This document serves as an agreement and commitment by First Gen Healthcare Solutions to uphold the highest standards of integrity, transparency, and compliance within the NDIS framework and Australian Consumer Law.