Ian Yates warns aged care providers that fail to adopt the Industry Code for aged care visits will be in breach of Quality Standards – 700 calls in two weeks

The COTA CEO delivered a stern warning to providers that do not adhere to the voluntary Industry Code for the Industry Code for Visiting Residential Aged Care Homes during COVID-19, saying there is guidance from the Aged Care Quality and Safety Commission (ACQSC) that they will be assessed for compliance with the Code under the Quality Standards and Charter of Rights.

Mr Yates made the comments during a one-hour webinar yesterday run by COTA Australia, Dementia Australia, National Seniors Australia and the Older Persons Advocacy Network (OPAN) to update residents, families and their representatives on the progress of the Code, which is now due for its first review tomorrow.

The COTA CEO and OPAN CEO Craig Gear both underlined to the 400-plus viewers that the Code will need to be in place for a long time, beyond the immediate pandemic.

Both also stressed that their organisations are still receiving complaints following the Code’s finalisaton two weeks ago – Mr Gear says OPAN has netted close to 700 calls, 150 in NSW.

Mr Yates – who said the Code was drafted in just 72 hours – said “by and large” the sector had embraced the code, but COTA is still hearing about issues on the ground – even at homes where the operators have publicly said that they endorse the Code.

He acknowledged that some operators are genuinely confused about the Code and the various State and Territory directions around visiting aged care homes.

However, he said there are still some providers saying that the Code is not the law and are telling family members ‘you just go away’.

“We’ve had less of those but it’s still the case,” he said.

The COTA CEO conceded that the Code is “not an instrument” under the Aged Care Act.

However, he pointed to a factsheet from the Aged Care Quality and Safety Commission (ACQSC) that states the Code will be considered by the Commission when they are assessing providers on the Aged Care Quality Standards and the Aged Care Charter of Rights or looking at complaints from family members about access to loved ones.

“The Commission is saying that the Code is directly relevant and evidence of compliance or non-compliance with the Code is directly evidence of compliance with the Standards and the Charter of Rights,” he said.

“That’s a very important statement that all providers need to be cognisant of.”

Mr Yates also said that if the evidence shows that a number of providers will not be following the Code, COTA will be going to the Government to demand it be made part of the Aged Care Principles.

“We don’t want to go down that route,” he added.

The CEO said that COTA has already been going to the peak bodies to follow individual cases of providers failing to adhere to the Code to follow up with their members.

“Under the Standards, there are references to best practice. If this is a widely adopted Code … providers will have in my view to justify why they are not following best practice. Otherwise, they will be in breach of the Standards.”

If Friday’s review of the Code results in any changes, we will know quickly.

Mr Yates said while they are not looking to do “wholesale revisions” given the Code was already subject to wide consultation, any changes will be made by the close of business next Monday – five days away.

Stay tuned then.