Aged Care Providers fronting Royal Commission – See Ansvar first!
30 May 2019

Ansvar National Technical Claims Manager, Christian Muddle, has a simple message for Aged Care providers that are due to give evidence at the Aged Care Royal Commission:

“Clients who receive notices requiring attendance, statements or production of documents should get in touch with their broker or Ansvar straight away.”

Christian also has three easy steps for clients:

1) Check with Ansvar to see exactly what cover your policy provides;
2) Take advantage of the skills that Ansvar’s expert legal panel can provide; and
3) Allow Ansvar to assist in a debriefing of the hearing, to feed back into your enterprise risk management processes.

Christian says it is vital that clients act now to prepare properly for the Royal Commission hearings.

“We are happy to talk about what has been requested and is required in a response, and how your policy may respond, so you know exactly how you are covered.

“Our legal panel is put together from the best full-service and insurance specialist firms. These firms all have Royal Commission experience – both in advising on responding to and attending, and dealing with claims for compensation arising from matters raised during, Royal Commissions.

“Many of these firms have particular expertise in dealing with aged care from the point of view of claims, complaints to regulators, and coronial inquiries balancing both client and insurer expectations.”

Christian says now that the general responses are in, the focus of the Commission is now on providers who are being asked to produce documents related to specific complaints or individuals.

“This is more likely to trigger cover under Ansvar’s policies than the more general request for information.”

“There’s a need to be really prepared with records on individuals and the issues around them.

Christian notes that the Commission’s initial Request for Information issued to all providers was general in nature and in most cases coverage for legal costs was not available as a result. Now things, in some cases, are changing.

With that is a reminder to clients and brokers of disclosure obligations and agreements on costs.

“Clients must seek our agreement to use outside experts. That’s another reason they should come to us first.

“One thing we’ve learned from previous Royal Commissions is that preparation is paramount. And that means having a plan for the future as well. Whether in a written statement or testimony, you need to declare what you are doing going forward – not simply ask for guidance from the Commission.”

Christian says being able to demonstrate lessons learned, how the business has improved standards, particularly with the new National Quality Standards – which organisations need to comply with – will all need to be done to prevent criticism from the Commission.

 

Ansvar’s Claims Department Contact Details
1300 650 540
liabilityclaims@ansvar.com.au