"When a person moves into a residential aged care service, that becomes their home. Removing a person from their home should be a last resort," said Peter Edwards, the Aged Care Quality and Safety Commission's Executive Director Compliance Management Group, in a Compliance Management Insights report about more and more aged care residents being put into hospital and being refused back into their home.
"We’re particularly concerned where we see evidence of possibly opportunistic behaviour. This includes things like transferring a resident to a hospital and then refusing to readmit them when they are ready to be discharged.
"It’s not acceptable for a provider to make this decision if it can mean the resident is then possibly homeless. Every situation is different, but we disapprove of this type of behaviour.
"There needs to be evidence that the provider has worked with the person and their family to find a different solution before transferring them to hospital or while they’re in hospital.
"Where provider behaviour like this is combined with evidence that they haven’t complied with security of tenure rules, we’ll look at taking regulatory action," Peter said.
Executive Director Compliance Management Group
Aged Care Quality & Safety Commission
He said evicting an aged care resident should only be considered after the operator has made every effort to meet the resident's complex care needs, including obtaining expert advice.
"Open and honest conversations between senior staff and the resident and their family (or representative) always need to be the starting point in these situations," he said.
“There needs to be evidence that the provider has worked with the person and their family to find a different solution before transferring them to hospital or while they’re in hospital."
Aged Care Quality and Safety Commissioner, Janet Anderson, told The SOURCE, "The Commission has seen a recent increase in complaints about residential services regarding security of tenure that include issues such as moving someone within a service against their wishes, and changing or terminating a resident’s service agreement.
"Providers must be aware of their legal obligations to residents when security of tenure matters arise. These issues can often be difficult for the older person and their representatives and should be handled with care and consideration.
"The Commission encourages aged care residents or their family and supporters to contact the Commission if they have a concern about security of tenure."
Aged care residents and NDIS clients are blamed for the bed blockages in every Australian public hospital.
Read the Compliance Management Insight here.
Browse and check availability of aged care homes on agedcare101
