Optimum Health Solutions

NDIS Service Agreement Terms And Conditions

Service Agreement

This Service Agreement helps us ensure that we have agreed expectations of:

What services will be delivered
Responsibilities of both parties
Cost of your supports
How to end this agreement
How to resolve potential problems

Initial Appointment Requirements

Please provide a copy of your NDIS Plan to your servicing practitioner on your initial appointment. This helps us to ensure your funding is maximised for you.

Cancellations

The NDIS has determined that short notice (less than 48 hours’ notice) cancellations by Participants should be charged for the service. If Optimum cancels a service for any reason, the participant will not be charged for the service. If you cancel an appointment with more than 48hours notice, there will be no cancellation charge.

Payments

NDIA – Agency Managed Bookings

When Agency-Managed supports are requested, a tentative Service Booking will be held through PRODA for the amount requested to confirm funding is in place. A Service Agreement will then be issued, if the Service Agreement is not signed within 2 weeks, the Service Booking will be released without any funds being drawn.
After providing supports as stated below, the provider will claim payment for those supports from the NDIA.

NDIS (PACE) Participants ONLY

Participants and their representatives must endorse providers prior to commencement of services. This should be done at their plan or implementation meeting, or at any time by calling the NDIS National Contact Centre on 1800 800 110. This needs to be completed prior to the initial appointment.

Self-Managed Funding

If you are Self-Managed in the NDIS, you are required for you to make payment on the day you receive your service. You will receive an invoice and receipt to confirm payment has been made so that you can claim the reimbursement from the NDIS. Alternate arrangements may be arranged by contacting our intake team via email at [email protected] or (02) 8599 6284 prior to signing this service agreement.

Plan-Managed Funding

Confirmation of funding availability in-line with the schedule of supports is required from your Plan- Manager/Third Party within 14 days of signing this Service Agreement. (Note: email confirmation of agreement is an acceptable form of response).

Service Provider

This agreement is made with Optimum Performance Training Pty Ltd (Registered NDIS Provider # 4050008640) and incorporates the following entities:

Optimum Performance Training Pty Ltd (t/as Optimum Health Solutions Australia) ABN 76 128 542 236

Optimum Health Solutions (NSW South Coast) Pty Ltd ABN 77 643 773 111

Optimum Health Solutions (Tasmania) Pty Ltd ABN 27 606 845 498

Optimum Health Solutions (Goulburn) Pty Ltd ABN 58 615 423 446

Optimum Health Investments Pty Ltd (t/as Optimum Health Solutions (Liverpool) ABN 57 637 316 511

Services will be provided by any of the aforementioned entities, with provision of services to be at Optimum Health Solutions Australia clinics, at your home, or other agreed upon locations.

Service Agreement Scope

This Service Agreement is made for the purpose of providing supports under the participant’s NDIS plan. The parties agree that this agreement is made in the context of the NDIS, which is a scheme that aims to:

Support the independence and social and economic participation of people with disability
Enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

Responsibilities of the Provider:

The provider agrees to:

Review the provision of supports as required with the Participant
Once agreed, provide supports that meet the Participant’s needs at the Participant’s preferred times
Communicate openly and honestly in a timely manner
Treat the Participant with courtesy and respect
Consult the Participant on decisions about how supports are provided
Give the Participant information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant).
Communicate clearly to the Participant the plan Optimum Health Solutions Australia will have in place to ensure continuity of support in the event of emergency and disaster – in accordance with NDIS Practice Standards (Amendment 2021 Measures No. 1, Rules 2021 – https://www.legislation.gov.au/Details/F2021L01480)
Listen to the Participant’s feedback and resolve problems quickly
Give the Participant a minimum of 24 hours notice if the provider has to change a scheduled appointment to provide supports
Give the Participant the required notice if the provider needs to end the Service Agreement
Protect the Participant’s privacy and confidential information
Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and Rules, and the Australian Consumer Law; keep accurate records on the supports provided to the participant
Issue regular invoices and statements of the supports delivered to the participant as per the Terms of Business for Registered Providers.

Responsibilities of the Participant / Participant's representative

The Participant/Participant’s representative agrees to:

Inform the provider about how they wish the supports to be delivered to meet the participant’s needs
Treat the provider with courtesy and respect
Talk to the provider if the participant has any concerns about the supports being provided
Give the provider a minimum of 48 hours notice if the participant cannot make a scheduled appointment; and if the notice is not provided by then, the provider’s cancellation policy will apply
Give the provider the required notice if the participant needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information), and
Let the provider know immediately if the participant’s NDIS plan is suspended or replaced by a new NDIS plan or the participant stops being a participant in the NDIS.
NDIA-managed participants who have transitioned to PACE, the new NDIS system, are required to endorse “Optimum Performance Training Pty Ltd” as a participant-endorsed provider prior to engaging in services.
NB: Please refer to ‘Payments & Billing’ detailing the endorsement of ‘Optimum Performance Training Pty Ltd’ as a participant-endorsed provider prior to engaging in services.

Emergency Plan For Continuation of Support In The Event Of An Emergency Or Natural Disaster

The Optimum Health Solutions Emergency Management Plan provides details on how Optimum Health Solutions will prepare for and respond to unplanned emergencies. Optimum Health Solutions is committed to supporting the continuation of support for NDIS Participants so that they may continue progress towards their plan goals.

This plan applies to all clients, staff, contractors, and visitors associated with this service. In the event of an emergency a message provided regarding the clinic status and hours of operation, as well as relevant advice to Participants/clients. Each Participant will be contacted via a phone call, email and text message. There will be a text message organised by Optimum updating all future appointment bookings regarding the clinic’s status.

Other alternative forms to inform updates will be via social media platforms. The aim will be to provide
information regarding the clinic’s operation status so Participants and essential parties will be informed of
arrangements made for supports to continue.

Optimum Health Solutions locations aim to always have enough clinicians present and practicing during our open times, so that if one of the staff is unwell, their appointments can be completed by another available. In the rare occasion that we are unable to complete an appointment for the time arranged, our local Client Retention Officer will call all Participants in enough time to reorganise for another day that week.

Optimum Health Solutions multidisciplinary care model and CRM system allows the Participant to access care that will ensure continuation towards their goals. Our Clinicians all share the same skills and knowledge of our care model. This ensures that we have backup staff if one is unable to come to work.

In the case of an emergency occurring, we will work with the Participant to provide an individualised plan to provide the assistance required to ensure their safety.

Changes To This Service Agreement:

If changes to the supports or their delivery are required, the parties agree to discuss and review this Service Agreement. The parties agree that any changes to this Service Agreement will be in writing, signed, and dated by the parties.

Ending this Service Agreement

Should either party wish to end this Service Agreement they must give 1 month notice. If either party seriously breaches this Service Agreement the requirement of notice will be waived.

Feedback, Complaints and Disputes

People with disability have the right to complain about the services they receive. If the Participant feels comfortable, Optimum Health Solutions encourages them to raise their concern or complaint with us first, as this is often the best way to have your issue resolved quickly. Feedback or complaints can be made directly with Optimum Health Solutions Australia via the number in the letter heading or by emailing [email protected]. If the Participant is unsatisfied or does not want to communicate with Optimum Health Solutions, the Participant may seek support from family, a friend or an independent advocate when making a complaint.

A complaint can be made to the NDIS Commission by:

Phoning: 1800 035 544 (free call from landlines) or TTY 133 Interpreters can be arranged.
National Relay Service https://www.communications.gov.au/what-we-do/phone/services-people- disability/accesshub/national-relay-service and ask for 1800 035
Completing a Complaint Contact Form: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=PRD00-OCF

The NDIS Commission can take complaints from anyone about:

NDIS services or supports that were not provided in a safe and respectful way
NDIS services and supports that were not delivered to an appropriate standard
How an NDIS provider has managed a complaint about services or supports provided to an NDIS participant

As well as dealing with complaints, the NDIS Commission works to educate providers about delivering quality and safe supports, and effectively responding to complaints. If a complaint raises a serious compliance issue, the NDIS Commission has powers to take action.

The NDIS Commission collects and uses personal information, including sensitive information, for the purpose of performing functions as set out in the Act. The NDIS Commission is committed to the proper handling of personal information in accordance with the Australian Privacy Principles in the Privacy Act 1988 and the NDIS (Protection and Disclosure of Information) Rules.

Further information is contained in the Commission’s Privacy Policy: https://www.ndiscommission.gov.au/privacy-policy

Advocacy for Participants

A Participant may choose to have an independent disability advocate speak, act or write on their behalf. It is their job to assist participants to exercise choice and control and to have their voice heard in matters that affect them and their plan. A Participant may also choose to use an independent disability advocate when they make a complaint.

An independent disability advocate is a person who:

is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability
provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them
acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights
is free of relevant conflicts of interest.

For more information about accessing NDIS approved Advocate Agencies visit the website: https://askizzy.org.au/disability-advocacy-finder

Goods and Services Tax (GST):

For the purposes of GST legislation, the Parties confirm that:

A supply of supports under this Service 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; The participant’s NDIS plan is expected to remain in effect during the period the supports are provided; and The participant/participant’s representative will immediately notify the provider if the participant’s NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.

Optimum Health Solutions utilises advanced AI technology to enhance our services and provide personalised health recommendations. By using our services, you consent to the use of AI in processing your health data to deliver optimal care.

Cancellation

To ensure high-quality, individualised services, it is important that you book your sessions in advance. As part of Optimum’s quality assurance program, we try to ensure appropriate client-to-practitioner ratios at all times. As a result, we have a booking system that encourages clients to schedule sessions in advance to always ensure the highest level of service. On occasion, this means that we may need to limit client sessions at certain times. As per the NDIS Guidelines and to support this practice, there will be a 48-hour cancellation period for all bookings where the full fee will be charged should a session be cancelled within this period and if we are unable to replace the cancelled booking with billable work.

Manager/Third Party within 14 days of signing this Service Agreement (NB: email confirmation of agreeance is an acceptable form of response)

Schedule of Supports

An Allied Health Professional/Allied Health Assistant will provide services within this plan period. Service provision will take place from within Optimum Health Solutions Australia clinics, at your home, or other appropriate and agreed-upon locations.

Service provision will be in line with the agreed upon supports as outlined in the table below. This service will be in relation to the goals of your NDIS plan.

*Note* All fees are subject to NDIS Pricing Arrangements and Price Limits. All NDIS price changes will take immediate effect.

Optimum Health Solutions Australia complies with the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector) Act 2000 incorporating the 13 Australian Privacy Principles (APPs) that specify the rules for the handling of personal information.

Consent is needed to contact, obtain, release and discuss information that is relevant to the services being provided, and that Optimum Health Solutions Australia requires the information to maintain open and transparent communication with all key parties. This may include verbal and written communication regarding my current NDIS Plan, and past and present treatment & services.

Key Parties may include, but are not limited to, some or all of the following:

• LAC/ NDIS Plan Coordinator
• Treating Medical Practitioner (GP) / Medical Specialists
• Other Allied Health Professionals
• Support Coordinators/Case Coordinators
• Relevant Support Workers/ Key Support Workers
• Service Providers/Suppliers
• Immediate Family Member
• Guardians/Power of Attorney/Participant Nominated Representative

As part of Optimum Health Solutions Australia’s registration as an NDIS Provider, our services may be audited for quality assurance purposes against the Commission’s Practice Standards. As part of the audit process, the NDIS Commission has the authority to review our record keeping systems, which includes Participant files. As an NDIS participant you may be contacted by the Commission to provide input into the audit. However, you can also choose to opt-out of the audit process if you wish.

Please advise us if you wish to opt of the audit process.

REFerrers Hub

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