Chapter Three Legal Issues in Residential Care References - Revision history

Nate Russell at 19:57, 24 July 2014

2014-07-24T19:57:36Z

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	#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014). Fraser Health for example notes under “How do I access private pay facilities? that “an assessment by Fraser Health staff is not needed for admission to a private pay residence.” Online: http://www.fraserhealth.ca/your_care/residential_care/options_for_residential_care/ ( Last accessed May 1, 2014).		#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014). Fraser Health for example notes under “How do I access private pay facilities? that “an assessment by Fraser Health staff is not needed for admission to a private pay residence.” Online: http://www.fraserhealth.ca/your_care/residential_care/options_for_residential_care/ ( Last accessed May 1, 2014).
	#Ibid. Who pays.		#Ibid. Who pays.

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	#Ombuds, Best of Care. [page, 243].		#Ombuds, Best of Care. [page, 243].
	#Ombuds, Best of Care. [page, 243].		#Ombuds, Best of Care. [page, 243].
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	###(iii) expires no later than 12 months from the date consent for the plan was given, and		###(iii) expires no later than 12 months from the date consent for the plan was given, and
	##(c) participation in a medical research program approved by an ethics committee designated by regulation.		##(c) participation in a medical research program approved by an ethics committee designated by regulation.

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	#Advocacy Centre for Elderly. Long-Term Care Facilities in Ontario: The Advocate's Manual. Chapter 3. Entering a long-term care facility [“ACE LTC Manual”]		#Advocacy Centre for Elderly. Long-Term Care Facilities in Ontario: The Advocate's Manual. Chapter 3. Entering a long-term care facility [“ACE LTC Manual”]
	#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.A Section: A General Description and Definitions. Effective: January 1, 2013. [“HCC, c. 6”]		#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.A Section: A General Description and Definitions. Effective: January 1, 2013. [“HCC, c. 6”]
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	#This is language being used by some Operators. This is not the same as nominating a committee.		#This is language being used by some Operators. This is not the same as nominating a committee.
	#Ombuds, Best of Care. [pg. 242].		#Ombuds, Best of Care. [pg. 242].

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	#Business Practices and Consumer Protection Act [SBC 2004] c. 2. Online: http://www.bclaws.ca/Recon/document/ID/freeside/04002_00		#Business Practices and Consumer Protection Act [SBC 2004] c. 2. Online: http://www.bclaws.ca/Recon/document/ID/freeside/04002_00
	#BC Government. (2013). Planning for Your Care Needs. Online : http://www.health.gov.bc.ca/library/publications/year/2013/planning-for-your-care-needs.pdf [“Planning Needs”] (Last accessed May 1, 2014).		#BC Government. (2013). Planning for Your Care Needs. Online : http://www.health.gov.bc.ca/library/publications/year/2013/planning-for-your-care-needs.pdf [“Planning Needs”] (Last accessed May 1, 2014).

Admin at 16:03, 18 July 2014

2014-07-18T16:03:43Z

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Marisa Chandler: /* References */

2014-07-04T23:36:33Z

References

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	#HCC, c. 7.		#HCC, c. 7.
	#Farrell, J. (July 15, 2013). Why wheelchair fees are not fair and what they say about the state of seniors care in BC. Centre for Policy Alternatives. Online: https://www.policyalternatives.ca/publications/commentary/why-wheelchair-fees-are-not-fair-and-what-they-say-about-state-seniors-care#sthash.y4TGTDck.dpuf (Last accessed May 1, 2014).		#Farrell, J. (July 15, 2013). Why wheelchair fees are not fair and what they say about the state of seniors care in BC. Centre for Policy Alternatives. Online: https://www.policyalternatives.ca/publications/commentary/why-wheelchair-fees-are-not-fair-and-what-they-say-about-state-seniors-care#sthash.y4TGTDck.dpuf (Last accessed May 1, 2014).
	#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014).		#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014). Fraser Health for example notes under “How do I access private pay facilities? that “an assessment by Fraser Health staff is not needed for admission to a private pay residence.” Online: http://www.fraserhealth.ca/your_care/residential_care/options_for_residential_care/ ( Last accessed May 1, 2014).
	#Ibid. Who pays.		#Ibid. Who pays.
	#Ombuds, Best of Care. [page, 243].		#Ombuds, Best of Care. [page, 243].

Marisa Chandler: /* References */

2014-07-03T22:38:46Z

References

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	##Interior Health: http://www.interiorhealth.ca/YourCare/HousingHealth/ResidentialCare/Pages/AccessingRC.aspx		##Interior Health: http://www.interiorhealth.ca/YourCare/HousingHealth/ResidentialCare/Pages/AccessingRC.aspx
	##Fraser Health : http://www.fraserhealth.ca/media/Residential_Care_in_FraserHealthweb.pdf (Last accessed May 1, 2014).		##Fraser Health : http://www.fraserhealth.ca/media/Residential_Care_in_FraserHealthweb.pdf (Last accessed May 1, 2014).
			#Ombuds, Best of Care. Finding 80 and Recommendation 104.
			#BC Care Provider Association. Residential Care Health and Safety Guidelines. A Guidebook. Online : http://www.bccare.ca/wp-content/uploads/bccare_safety_grid_v11.pdf
			#Director of Licensing. Standard of Practice. “Advance Directives and Care Plans”. Number: 01/08/2006 Effective Date: September 2006. Online : http://www.vch.ca/media/2008_08_09FamilyChildCare_regulation.pdf (Last accessed May 1, 2014). [“Advance Directives”]
			#Model Standard, 3. Standard: 3. Residents' individual health needs and psychosocial status are assessed by the interdisciplinary team.
			#RCR, s. 81. Note the Vancouver Coastal Health Director of Licensing. “Advance Directives” document states six weeks.
			#Ibid.
			#For more information on Veterans and Residential Care matters such as client rates, see: HCC Policy Manual. (Effective: April 1, 2013). Chapter: 7 Client Rates Section 7.B.4 (Income-Based Client Rates); also Subsection: 4 Alternate Payers. Also, Chapter: 6 Residential Care Services Number: 6.D Access To Services.
			#Ibid.
			#See HCC Policy 6.C. Residential Care Services, Service Needs Determination.
			#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.D.1 Section: D Access To Services Page: 3 of 3 Subsection: 1 Supporting spouses with differing care needs
			#HCC Policy Manual. Ibid.

Marisa Chandler at 22:37, 3 July 2014

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 #ACE LTC Manual. Chapter 3. Entering a long-term care facility 3.29.
 #Representation Agreement Act, s. 3.1;  Health Care Consent and Care Facility Admission Act [RSBC 1996] c.  181 s. 19.91
 {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
 {{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Marisa Chandler: /* References */

2014-07-03T22:33:45Z

References

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	#Residential Care Regulations. B.C. Reg. 96/2009, as amended. Online. http://www.bclaws.ca/Recon/document/ID/freeside/96_2009#section48		#Residential Care Regulations. B.C. Reg. 96/2009, as amended. Online. http://www.bclaws.ca/Recon/document/ID/freeside/96_2009#section48
	#The Ministry of Health is currently reviewing “Chargeable extras”.		#The Ministry of Health is currently reviewing “Chargeable extras”.
	#HCC Policy Manual. Chapter: 7 Client Rates Number: 7.B.1 Section: B Income-Based Client Rates		#HCC Policy Manual. Chapter: 7 Client Rates Number: 7.B.1 Section: B Income-Based Client Rates. Subsection: 1 Assessment of Client Rates. (Effective: January 1, 2013) (“HCC, c. 7”)
	Subsection: 1 Assessment of Client Rates. (Effective: January 1, 2013) (“HCC, c. 7”)
	#HCC, c. 7.		#HCC, c. 7.
	#HCC, c. 7.		#HCC, c. 7.

Marisa Chandler at 22:33, 3 July 2014

2014-07-03T22:33:05Z

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	#HCC, c. 7.		#HCC, c. 7.
	#Farrell, J. (July 15, 2013). Why wheelchair fees are not fair and what they say about the state of seniors care in BC. Centre for Policy Alternatives. Online: https://www.policyalternatives.ca/publications/commentary/why-wheelchair-fees-are-not-fair-and-what-they-say-about-state-seniors-care#sthash.y4TGTDck.dpuf (Last accessed May 1, 2014).		#Farrell, J. (July 15, 2013). Why wheelchair fees are not fair and what they say about the state of seniors care in BC. Centre for Policy Alternatives. Online: https://www.policyalternatives.ca/publications/commentary/why-wheelchair-fees-are-not-fair-and-what-they-say-about-state-seniors-care#sthash.y4TGTDck.dpuf (Last accessed May 1, 2014).
			#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014).
	#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).
	%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014).
	#Ibid. Who pays.		#Ibid. Who pays.
	#Ombuds, Best of Care. [page, 243].		#Ombuds, Best of Care. [page, 243].
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	#Human Rights Code [RSBC 1996] c. 210.		#Human Rights Code [RSBC 1996] c. 210.
	#HCC Policy Manual. Chapter: 1 Overview Number: 1.A Section: At Home And Community Care Services Page: 2 Of 4 Subsection: Effective: January 1, 2013.		#HCC Policy Manual. Chapter: 1 Overview Number: 1.A Section: At Home And Community Care Services Page: 2 Of 4 Subsection: Effective: January 1, 2013.
	#For a legal discussion of problems with “personal care decisions” that come up in residential care facilities in Ontario, see : R. Chrolavicius. ( November 26, 2013) Misuse of powers of attorney for personal care . Advocacy Centre for the Elderly. Online: http://www.advocacycentreelderly.org/appimages/file/Misuse%20of%20Powers%20of%20Attorney%20for%20Personal%20Care-LR%203.pdf (Last accessed May 1, 2014).		#For a legal discussion of problems with “personal care decisions” that come up in residential care facilities in Ontario, see : R. Chrolavicius. ( November 26, 2013) Misuse of powers of attorney for personal care. Advocacy Centre for the Elderly. Online: http://www.advocacycentreelderly.org/appimages/file/Misuse%20of%20Powers%20of%20Attorney%20for%20Personal%20Care-LR%203.pdf (Last accessed May 1, 2014).
	#The Mental Health Act, again is often used to admit individuals who do not have anyone to consent on their behalf.		#The Mental Health Act, again is often used to admit individuals who do not have anyone to consent on their behalf.
	#See:		#See:

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2014-07-03T22:31:41Z

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==References==

#There are no specific admission criteria for private hospitals or the private pay beds in residential care facilities, other than the ability to pay. However, most of the people using the resource will have similar care needs to those in a subsidized residential care facility or extended care facility. As the Ombudsperson report The Best of Care (2012) notes all three types of facilities now provide complex care. [page 210]. This report will be referred to as the “Ombuds, Best of Care” throughout this manual.
#This is determined by the health care tool, the Resident Assessment Instrument (RAI).
#See for example, Interior Health, which states that the person must also “Have tried all of the avenues available for receiving care at home.” Online: http://www.interiorhealth.ca/YourCare/HousingHealth/ResidentialCare/Pages/Eligibility.aspx (Last accessed May 1, 2014).
#British Columbia. Health Services. Health and Safety. Long-Term Residential Care. Online: http://www2.gov.bc.ca/gov/topic.page?id=4FEC0F570BC04692810548267D09577E (Last accessed May 1, 2014).
#Ministry of Health Home and Community Care Policy Manual, Chapter 1, Overview.
#Alternate Level of Care refers to the transition period between acute (hospital) and post-acute ( non hospital) settings. People in this transition period are referred to as alternate level of care (ALC) patients. Even though they no longer require the intensity or specialized medical care provided by acute hospitals, they are not able to be discharged to the community ( to a residential care facility or “back home”) because the available resources are unable to meet their needs. They may be delayed from being discharged to a post-acute Provider, typically because of lack of appropriate, available space. See: Canadian Institutes for Health Information. November 2012. Seniors and alternate level of care: building on our knowledge. Online: https://secure.cihi.ca/free_products/ALC_AIB_EN.pdf (Last accessed May 1, 2014).
#Adapted from Best of Care. [pg.34].
#Ombuds, Best of Care. [pg. 225].
#Ombuds, Best of Care. [pg. 34]. Also for a good discussion of surrounding the law and ethics of discharge from hospitals to nursing homes and other settings in the Ontario context, see J. E. Meadus & J. A. Wahl. Transfer from hospital to long-term care: reframing the ethical debate from the patient’s perspective. (Toronto: Advocacy Centre for the Elderly, 2008), 4 Online: http://www.acelaw.ca/appimages/file/ACE%20-%20Ethical%20Issues%20&%20First%20Available%20Bed%20Policies%20-%202008.pdf (Last accessed May 1, 2014).
#Ombuds, Best of Care. [pg. 34].
#Ombuds, Best of Care. [pg. 33].
#See for example, Vancouver Island Health Authority Residential Care Guide, pg. 6[ “VIHA”].
#Home and Community Care. Online: http://www2.gov.bc.ca/gov/theme.page?id=A8F32056E4192102A51A3F0FF373223C
#Resident Bill of Rights. Online: http://www2.gov.bc.ca/assets/gov/topic/D3E0B9FAB55484D135A5C5201D799D96/pdf/adultcare_bill_of_rights.pdf (Last accessed May 1, 2014).
#Residential Care Regulations. B.C. Reg. 96/2009, as amended. Online. http://www.bclaws.ca/Recon/document/ID/freeside/96_2009#section48
#The Ministry of Health is currently reviewing “Chargeable extras”.
#HCC Policy Manual. Chapter: 7 Client Rates Number: 7.B.1 Section: B Income-Based Client Rates
Subsection: 1 Assessment of Client Rates. (Effective: January 1, 2013) (“HCC, c. 7”)
#HCC, c. 7.
#HCC, c. 7.
#Farrell, J. (July 15, 2013). Why wheelchair fees are not fair and what they say about the state of seniors care in BC. Centre for Policy Alternatives. Online: https://www.policyalternatives.ca/publications/commentary/why-wheelchair-fees-are-not-fair-and-what-they-say-about-state-seniors-care#sthash.y4TGTDck.dpuf (Last accessed May 1, 2014).

#Ministry of Health. Who pays. Publicly subsidized or private pay services. Online : http://www2.gov.bc.ca/gov/topic.page?id=D2A2D928853B489DBC280E9F451187F1&title=Publicly%20Subsidized (Last accessed May 1, 2014).
%20or%20Private%20Pay%20Services [“Who pays”] (Last accessed May 1, 2014).
#Ibid. Who pays.
#Ombuds, Best of Care. [page, 243].
#Ombuds, Best of Care. [page, 243].
#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.A Section: A General Description and Definitions. Effective: January 1, 2013.
#Ombuds, Best of Care. [page 234]
#For general information on private trustees for Old Age Security or Canada Pension Plan, see: http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=isp3506cpp&ln=eng (Last accessed May 1, 2014).
#Human Rights Code [RSBC 1996] c. 210.
#HCC Policy Manual. Chapter: 1 Overview Number: 1.A Section: At Home And Community Care Services Page: 2 Of 4 Subsection: Effective: January 1, 2013.
#For a legal discussion of problems with “personal care decisions” that come up in residential care facilities in Ontario, see : R. Chrolavicius. ( November 26, 2013) Misuse of powers of attorney for personal care . Advocacy Centre for the Elderly. Online: http://www.advocacycentreelderly.org/appimages/file/Misuse%20of%20Powers%20of%20Attorney%20for%20Personal%20Care-LR%203.pdf (Last accessed May 1, 2014).
#The Mental Health Act, again is often used to admit individuals who do not have anyone to consent on their behalf.
#See:
##Representation Agreement Act , [RSBC 1996] c. 405, s. 1 Definitions “Personal care”.
##Power of Attorney Act [RSBC 1996]c. 370. Part 2 Enduring Power of Attorney, s. 10 (Definitions, “personal care “).
##Also see Nidus. “ Personal Care”. Online : http://www.nidus.ca/?page_id=275 (Last accessed May 1, 2014).
#See Representation Agreement Act.
#s. 1 Definitions. “ health care” mean anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other purpose related to health, and includes
##(a) a series or sequence of similar treatments or care administered to an adult over a period of time for a particular health problem,
##(b) a plan for minor health care that
###(i) is developed by one or more health care Providers,
###(ii) deals with one or more of the health problems that an adult has and may, in addition, deal with one or more of the health problems that an adult is likely to have in the future given the adult's current health condition, and
###(iii) expires no later than 12 months from the date consent for the plan was given, and
##(c) participation in a medical research program approved by an ethics committee designated by regulation.
#Advocacy Centre for Elderly. Long-Term Care Facilities in Ontario: The Advocate's Manual. Chapter 3. Entering a long-term care facility [“ACE LTC Manual”]
#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.A Section: A General Description and Definitions. Effective: January 1, 2013. [“HCC, c. 6”]
#ACE LTC Manual. Chapter 3. Entering a long-term care facility 3.29.
#Representation Agreement Act, s. 3.1; Health Care Consent and Care Facility Admission Act [RSBC 1996] c. 181 s. 19.91

{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
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