The Industry Code for Visiting Residential Aged Care Homes During COVID 19 (‘The Code’) came into effect on 13 May 2020. It is designed to create a uniform approach to receiving visitors across the aged care industry. It provides guidance on how aged care homes can take a proportionate approach to keeping residents safe against COVID-19.
In today’s article we summarise why this has happened and what it means for your aged care home.
The Code was developed after mounting pressure from the Commonwealth Government for aged care homes to ease visitation restrictions that go beyond baseline recommendations.
Despite health care directives allowing a maximum of two visitors per resident, some homes implemented more severe restrictions. Some considered such restrictions a necessary precaution to protect the group that is the most vulnerable to COVID-19, with the majority of deaths occurring in people aged 60 and above. Others, including the Commonwealth Government, did not agree, having concerns about the impact of social isolation on residents.
In response to threatened government intervention, the Code was developed by a group of aged care peak bodies and consumer advocacy organisations. A number of aged care providers, including church-based providers and not-for-profits, were part of the development process, which also took into account input from residents, their families, friends and representatives and aged care providers and staff during a webinar held on 7 May 2020.
No. The Code is not a law. It was not issued by government or the Aged Care Quality and Safety Commission; it was issued by organisations within the industry and is described as “an agreed industry approach.”
However, much of what is in the Code overlaps with existing laws and registration requirements, so that if you breach the Code you are probably breaching your legal requirements as well.
The Code commenced on 13 May 2020. The Code says, “This industry code will be adopted during the period of COVID-19, after which usual practices will return.”
The Code is flexible and acknowledges that some of its principles will not apply in the event of an outbreak, when providers will have to bring in stricter controls.
The Code applies to residential aged providers, residents and visitors.
The Code contains 13 principles and outlines the rights and responsibilities of providers, residents, and visitors. It also provides a Complaints Process to address any issue arising from the Code.
Providers have flexibility as to how the Code is implemented, but should adhere to the Code’s core principle, which is to facilitate connections between residents and their families, families of choice or friends during the COVID-19 pandemic, whilst minimising the risk of an infection being introduced to the home or an outbreak occurring in the home.
Shorter Visits can be between 30 mins (minimum visitation time advised by the Code) and two hours (maximum time allowed by State/Territory health directives).
Principle 7 provides conditions under which Longer Visits can occur, which includes visiting a resident who is palliative or approaching the end of life.
Note that although these points are listed in the Code under “Residents and Visitors Responsibilities”, most of them apply only to visitors.
Aged care homes are not legally required to comply with the Code. However, the Commonwealth Government has threatened intervention if it doesn’t see changes within the industry with respect to receiving visitors. This could result in the Code, in whole or part, becoming a legal requirement.
The Code will be reviewed on Friday 29 May 2020 to adjust any implementation issues that might arise.