CHAPTER 20 Developing ethical clinical governance
FRAMEWORK
This chapter relates to the discussion described in chapters 8 and 28 in that risk management and governance are irrevocably linked to leadership. The difficulty in good clinical governance in aged care services is the need for ethical decision making in all parameters of care. End-of-life decision making is also linked to good governance and is discussed in Chapter 19. In fact, most chapters in this book would relate to good leadership in some way. The author outlines the characteristics of good corporate governance and relates these to clinical governance, clearly indicating the relationship between management, leaders and staff, with the flow of information permeating through all levels of the organisation. Not only is it important to recognise clinical skill but also the rule of law and ethical principles that govern our society. Risk management has become the area of concern for most organisations but this is an area that must also be related to the rights of older people and the balance between these rights and safety, rights of the person and of others and quality of life issues. [RN, SG]
Introduction
Admission to residential care is mostly related to end-of-life/terminal care and/or dementia. Both of these diagnoses give rise to a need for comprehensive assessment and decision making for care planning to achieve quality outcomes. The need for good clinical governance from the board of organisations is necessary to provide the environment where quality outcomes can be achieved.
Governance
The term governance is used widely across many sectors of the community. It is applied to many levels of business and government agencies and has legislative components attached, depending where and how it is used. All health care agencies are aware of the need for good corporate governance. Hospitals have been instrumental in developing systems that deliver data to demonstrate how their organisation is performing in terms of quality patient outcomes (Stary 1998). All organisations need to apply sound business principles as well as safe, patient-centred outcomes for care.
Hospital governance seems to have been a feature of the United Kingdom’s health care system for many years and has led to the development of the most comprehensive patient safety system (Baker 2006; Scally & Donaldson 1998). Australia also ranks highly on patient safety systems in hospitals.
What is governance?
Corporate governance is defined as:
There are eight very clear characteristics of good governance listed by UNESCAP (2008). They are accountability, transparency, responsiveness, equitability and exclusivity, effectiveness and efficiency, following the rule of law, participation and consensus orientation. Each of these characteristics, if followed, ensures that corruption is minimised, marginalised members are heard, and present and future needs of society are recognised (UNESCAP 2008).
Participation, equity and inclusiveness
There must be avenues for men and women to participate in the decision making at all levels of governance in the organisation. This includes the board, advisory committees, managers and staff. The way in which communication occurs from the staff to the board and back again must enable all those involved in the organisation to feel they are listened to and valued for their contribution. Workers’ inclusiveness gives people a sense of ownership and engenders pride in the organisation. Proper representation of all constituents involved must be evident and minutes kept for decisions made at all levels.
Laws and legislation
The aged care sector is one of the most legislatively controlled areas of human services. In residential care the rights and responsibilities, standards of care, monitoring and auditing and funding systems are tightly managed by the Commonwealth Government (Commonwealth Government 1997). At state and territory level there are also regulatory systems for buildings, occupational health and safety, food service delivery and complaints. Monitoring of all these areas is by government agencies and independent arbitrators. All levels of governance must be aware of the systems they operate under and be conscious of their legal obligations to their stakeholders.
Effectiveness and efficiency
Good governance will produce both effective business and care outcomes. Without efficient budgetary control and a willingness to try different methods of cost-effectiveness the organisation will not be able to deliver quality care. Benchmarks can be set by industry standards but they only give guidance for the attainment of satisfactory outcomes, not diverse excellent outcomes that are making a difference. Good governance weighs the element of risk taking against possible gains and will always follow the criteria of non-malfeasance and beneficence in ethical decision making.
Accountability
Good governance demonstrates accountability to all the stakeholders of the organisation.
Corporate governance also includes the management of adverse events and risk assessment and management. Whilst adverse events are usually well documented in health care settings through the quality systems employed, aged care organisations are just developing these systems and risk management is not well documented. Kohn and colleagues (1999) suggest that although 60–80% of adverse events involve human error, the major cause of the error does not lie within the individual but rather the structures and processes that are intended to support the provision of care.
At the same time as the population presents with these chronic health issues, the nature of the workforce in aged care has changed. Registered nurses are avoiding working in aged care and those who do are ageing themselves (Australian Institute for Health and Welfare [AIHW] 2008). The average age of registered nurses working in residential care services now in Australia is over 45 years. Provision of care is reliant on a less skilled workforce with minimal supervision. General practitioners (GPs) are also finding it difficult to maintain geriatric care and residential care coverage, especially in rural areas. Allied health practitioners are in short supply and specialist geriatricians and psychogeriatricians are becoming more and more difficult to access (AIHW 2008).