1. Schedule of Supports
1.1. Provided that NDIS funds are available for My Care Planner to access on the NDIA portal relevant to the Client, My Care Planner agrees to provide the supports to the Client as set out in Schedule 1.
2. Our Responsibilities
By entering into this Agreement, My Care Planner agrees to:
2.1. Treat the Client/Authorised Representative with courtesy and respect
2.2. Assist the Client/Authorised Representative to understand what is considered reasonable and necessary
2.3. Maintain accurate records regarding the supports delivered to the Client
2.4. Reconcile NDIS funding balances
2.5. Facilitate payments of invoices on behalf of the Client
2.6. Process approved reimbursement claims to the Client
2.7. Track expenditure on Provider supports against the Client’s budget
2.8. Make budget information available by:
2.8.1. Making relevant budget information available via the Careview Advantage app
2.8.2. Making monthly statements available via email to the Client/Authorised Representative
2.9. Facilitate Client/Authorised Representative communication via emails, phone calls, video calls and other formats as preferred by the Client/Authorised Representative
2.10. Listen to the Client/Authorised Representative’s feedback and resolve problems quickly
2.11. Protect the Client’s privacy and maintain confidentiality of personal information in accordance with My Care Planner’s Privacy and Confidentiality Policy
2.12. Liaise with providers regarding any invoice discrepancies on behalf of the Client/Authorised Representative as required
2.13. Give the Client/Authorised Representative information about making complaints and providing feedback, including information about contacting the NDIS Quality and Safeguards Commission
2.14. Observe and investigate any incidents that occur and comply with the NDIS (Incident Management and Reportable Incidents) Rules 2018
3. Your Responsibilities
By entering into this Agreement, the Client/Authorised Representative agrees to:
3.1. Treat My Care Planner staff with courtesy and respect
3.2. Inform My Care Planner immediately regarding any concern the Client/Authorised Representative has about the support being provided by My Care Planner
3.3. Accept responsibility for all purchases made
3.3.1. Where the Client/Authorised Representative wishes to purchase low-cost/low-risk assistive technology and consumables items that may be considered an everyday expense, the Client/Authorised Representative is responsible for obtaining supporting evidence and retain this information to be provided to the NDIA if requested
3.4. Accept responsibility for determining whether a support is reasonable and necessary and accept that if the NDIA determines that a support does not meet the reasonable and necessary criteria, that the Client/Authorised Representative may be required to repay the NDIA for the item or support
3.5. Monitor budget information made available by My Care Planner to reduce the risk of overspending in relation to the Client’s NDIS Plan
3.6. Inform My Care Planner if the current NDIS Plan is suspended or replaced by a new NDIS Plan, or the Client ceases to be a Participant of the NDIS
3.7. Advise My Care Planner of any changes to personal contact details
3.8. Give My Care Planner the required notice if the Client/Authorised Representative needs to end the Agreement
3.9. Not engage in conduct or knowingly provide My Care Planner with misleading or incorrect information which may reasonably be expected to:
3.9.1 Expose My Care Planner to reputational, regulatory, or financial risk
3.9.2 Present a work, health, and safety risk to any My Care Planner staff, which extends to and covers any verbal or written abuse
3.9.3 Be contrary to NDIA rules, guidelines, legislation, or relevant policies and/or any other documents or publications as may be issued by the NDIA from time-to-time
3.9.4 Be contrary to, or cause My Care Planner to potentially breach, the National Disability Insurance Scheme Act 2013 (Cth) or any other law or regulation (including conditions which relate to the registration requirements of My Care Planner)
4. Fees
4.1. My Care Planner will directly claim establishment and monthly fees against the Client’s NDIS Plan from the NDIA for the provision of plan management or individual capacity building supports as set out in Schedule 1.
4.2. The prices set out in Schedule 1 includes the fees for providing the stated supports. The fees will be automatically updated from time-to-time in line with changes to the NDIA Price Limits and/or other documents or publications issued by the NDIA. No action will be required by you.
5. Service Provider Claims
5.1. My Care Planner will claim from the NDIA portal for funding up to the amounts specified in the support category and budget approved in the Client’s current NDIS Plan.
5.2. After supports are delivered by the Client’s providers, the provider or Participant will claim payment for those supports from My Care Planner by forwarding a compliant tax invoice to accounts@mycareplanner.com.au.
5.3. Reimbursements can be claimed by forwarding a receipt and bank details to accounts@mycareplanner.com.au.
6. Invoice Processing
6.1. My Care Planner adopts a ‘Standing Approval’ process in which My Care Planner processes invoice payments automatically on the Client’s behalf when an invoice is successfully submitted to accounts@mycareplanner.com.au.
6.2. The Client/Authorised Representative can choose to opt-out of the ‘Standing Approval’ process, and in doing so, approve or reject each invoice individually. This process is called ‘Review for Approval’.
6.2.1. Approval or rejection of an invoice is predominately completed using the My Care Planner app, Careview Advantage.
6.2.2. Once a provider submits an invoice, the invoice is loaded into the My Care Planner system and a notification is sent to the Client/Authorised Representative via Careview Advantage.
6.2.3. The Client/Authorised Representative can approve or reject the invoice by responding via Careview Advantage within 2 business days. If the invoice is not actioned within 2 business days, My Care Planner will automatically process the invoice and payment will be made to the provider.
6.2.4. If the Careview Advantage app is not preferred, the Client/Authorised Representative can ask service providers to send invoices to the Client/Authorised Representative directly. The Client/Authorised Representative can then forward approved invoices to My Care Planner for payment.
6.3. After each invoice is successfully submitted and approved by the Client/Authorised Representative via ‘Standing Approval’ or ‘Review for Approval’, My Care Planner will bill the NDIA on the next business day.
6.4. Once funds have been released by the NDIA, My Care Planner will pay the Client’s provider on the following business day.
7. Changes to This Agreement
7.1. Any changes to this Agreement will be made in writing, signed, and dated by the Client/Authorised Representative and My Care Planner. Alternatively, verbal agreement can be provided by the Client/Authorised Representative.
7.2. If the Client/Authorised Representative exercises their right to not sign changes to this Agreement, the Client/Authorised Representative understands that they accept the changes to this Agreement if they continue to accept the provision of plan management services after it has been made clear to the Client/Authorised Representative that the terms of this Agreement have changed.
8. Ending This Agreement
8.1. Either Party may end this Agreement at any time by giving the other party at least seven (7) days’ notice in writing, unless agreed otherwise by the Parties.
8.2. If a Party materially breaches this Agreement, the other Party may terminate this Agreement immediately by notice in writing to the other Party.
8.3. My Care Planner will notify your Support Provider(s) of the cessation of this Agreement if we receive an invoice for services after the End Date.
8.4. To ensure a smooth transition of your Plan Management support, My Care Planner will provide the Client/Authorised Representative a summary statement of remaining funding.
9. Conflict of Interest
9.1. My Care Planner recognises a conflict of interest can arise by providing more than one service to the Client/Authorised Representative. As a provider of Plan Management and Support Coordination services, My Care Planner mitigates the risks of conflict of interest by ensuring that:
9.1.1. Advice given to the Client/Authorised Representative about support options is transparent and promotes choice and control
9.1.2. The Plan Management team is responsible for Plan Management only
9.1.3. The Support Coordination team is responsible for Support Coordination only
9.1.4. The Client/Authorised Representative is informed of the Conflict of Interest Policy including an explanation of the conflict of interest for supports that are provided by My Care Planner
9.1.5. The Client/Authorised Representative is made aware of their right to include a support person or advocate in the decision-making process
9.1.6. The Client/Authorised Representative is asked within this Agreement to acknowledge that conflict of interest has been explained to them and that they were not influenced in their choices
9.1.7. The Client/Authorised Representative is presented a range of choices about providers of supports other than My Care Planner
9.1.8. Staff do not seek to influence the Client/Authorised Representative to select My Care Planner
9.1.9. Brief notes are made in the Client’s file confirming the advice given to the Client/Authorised Representative the other choices provided, and the choices made by the Client/Authorised Representative
9.1.10. A permanent entry is made in the Conflict of Interest Register in the event of a conflict of interest
10. Feedback, Complaints, and Disputes
10.1. If the Client/Authorised Representative wishes to provide feedback or make a complaint regarding the services they receive from My Care Planner, the Client/Authorised Representative is encouraged to contact My Care Planner by emailing feedback@mycareplanner.com.au, calling 1800 954 480, or sending mail to PO Box 220, Magill SA 5072.
10.1.1. Complaints made to My Care Planner undergo an internal process of investigation. Complaints are acknowledged within 2 business days, and all efforts are made to achieve an effective resolution within 30 business days or as soon as practicable.
10.2. If the Client/Authorised Representative is unhappy with the response from My Care Planner or feels uncomfortable about raising their complaint directly with My Care Planner, the Client/Authorised Representative can contact the NDIS Quality and Safeguards Commission by calling 1800 035 544 or visiting www.ndiscommission.gov.au/about/complaints.
10.2.1. When the Commission receives a complaint, a complaints officer will get in touch with the Client/Authorised Representative to discuss the complaint.
10.3. If the Client/Authorised Representative would like support to give their feedback, My Care Planner encourages them to seek support from family, a friend, or an independent advocate. An independent advocate can be found by visiting www.askizzy.org.au/disability-advocacy-finder.
10.4. All feedback, complaints, and disputes will be managed in accordance with the Complaints Management Policy.
11. Goods and Services Tax (GST)
11.1. For the purposes of GST legislation, My Care Planner confirms that a supply of supports under this Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the Participant’s NDIS plan currently in effect under section 37 of the NDIS Act.
11.2. My Care Planner will pay GST as specified in the NDIS Act.
12. Miscellaneous
12.1. Force Majeure
12.1.1. My Care Planner shall not be liable for delay or failure to perform its obligations under this Agreement if the cause of the delay or failure is beyond its control.
12.2. Waiver
12.2.1. Failure by My Care Planer to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of its rights or obligations under this Agreement.
12.2.2. A waiver of any provision of, or right or obligation under, this Agreement is effective only to the extent specifically expressed in writing.
12.3. Severability
12.3.1. If any provision of this Agreement shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected.
12.4. Jurisdiction
12.4.1. These terms and conditions and all matters concerning the relationship between My Care Planner and the Client/Authorised Representative shall be governed by the law of the State of South Australia and the parties submit to the exclusive jurisdiction of the Courts of South Australia for the conduct of any litigation.
12.5. Disclaimer
12.5.1. My Care Planner information is provided in good faith, to the best of our knowledge and is considered to be correct at the time of communicating, however, changes may affect this accuracy therefore My Care Planner gives no assurance as to the accuracy of any information or advice given.
12.5.2. Any advice given by My Care Planner outside of financial intermediary advice shall be considered general in nature.
12.5.3. Nothing in this Agreement negates or diminishes the statutory guarantees regarding the supply of services under Schedule 2 of the Competition and Consumer Act 2010.
12.5.4. My Care Planner takes in good faith the information provided by the Client/Authorised Representative to be true and accurate, and that claims presented to My Care Planner are a true reflection of goods and services provided to the Client in line with the NDIS guidelines.
12.5.5. The Client/Authorised Representative will not hold My Care Planner responsible for any loss or damage suffered as a result of, or in connection with, the conduct of any other third party.
12.5.6. Subject to the rights of the Client/Authorised Representative under Schedule 2 of the Competition and Consumer Act 2010, My Care Planner shall not be liable for any loss or damage of any kind whatsoever, arising from this Agreement or otherwise, including consequential loss whether suffered or incurred by the Client/Authorised Representative or another person and whether in contract, tort (including negligence), equity or otherwise.
12.5.7. My Care Planner’s aggregate liability under or in connection with this Agreement will not exceed the amount of fees paid for Plan Management services in the previous twelve (12) months.