The NDIS Wants Support Workers Do the Work of ICU Nurses! Australian Federal Court Ruled Against It!

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The NDIS Wants Support Workers Do the Work of ICU Nurses! Australian Federal Court Ruled Against It!

National Disability Insurance Agency v KKTB, by her litigation representative CVY22 [2022] FCAFC 181
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2022/2022fcafc0181

Code of conduct
https://www.ahpra.gov.au/Resources/Code-of-conduct.aspx

Professional standards
https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards.aspx

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Hi, it’s Patrik Hutzel from intensivecareathome.com where we provide tailor-made solutions for long-term ventilated adults and children with tracheostomies and where we also provide tailor-made solutions for hospitals and intensive care units whilst providing quality care for long-term ventilated adults and children with tracheostomies. Also, otherwise medically complex adults and children at home including home BIPAP (bilevel positive airway pressure), home CPAP (continuous positive airway pressure) ventilation, home tracheostomy care when adults and children are not ventilated, also Home TPN, home IV potassium, home IV magnesium infusions, as well as IV antibiotic infusions at home. We also provide port management, central line management, PICC (Peripherally Inserted Central Catheter) line management, Hickman’s line management, as well as palliative care at home, and that also includes ventilation weaning at home.

We have also provided an emergency department bypass service in the past for the Western Sydney Local Area Health District. We’ve successfully kept patients at home as opposed to them going to the Emergency Department. So, Intensive Care at Home is really making a big difference for our clients and their families, and of course, also for hospitals, intensive care unit, but also for emergency departments.

Now, in today’s video, I actually want to talk about a recent court case. When I say recent, the court case was in November 2022, at the time of this recording, it’s April 2024. The court case is around the National Disability Insurance Agency, also known as NDIS, versus some NDIS participants. The court case was around funding registered nurses are not under the NDIS and what is reasonable and necessary.

Now, let me give you some background why this is important for the work that we are doing and why this is important for our clients, in particular. In 2020, there were three of our clients that were ventilated and/or had a tracheostomy in the community. They were not funded for 24-hour nursing care with intensive care nurses, as is evidence-based, because the NDIS rejected that. Those clients were only funded for night shifts and did have no daytime ICU nurse.

We predicted at the time that if the NDIS wasn’t funding 24-hour intensive care nurses that these clients are at risk of dying during the daytime when there’s no intensive care nurse present. Unfortunately, our predictions became a reality very quickly. All those three clients passed away in the absence of an intensive care nurse because support workers, family members, or even registered nurses without ICU experience could not manage the medical emergency that came up for patients that have a tracheostomy and/or were ventilated.

They’re technically intensive care patients because if they had gone back to hospital, they would have presented back into intensive care because the general ward or the general floor areas do not have the skills or the expertise to look after them.

Continue reading at: https://intensivecareathome.com/the-ndis-national-disability-insurance-scheme-wants-support-workers-do-the-work-of-icu-nurses-australian-federal-court-ruled-against-it/