Contractual Protections in Admission and Transfer - Revision history

Charmaine Spencer at 18:42, 11 January 2016

2016-01-11T18:42:43Z

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	In a ~~recently published~~ Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[{{PAGENAME}}#References\|1]])and the Consumer Contracts Regulation. ([[{{PAGENAME}}#References\|2]])This may give the public the impression they have certain legal protections in respect of residential care agreements.		In a 2013 Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[{{PAGENAME}}#References\|1]])and the Consumer Contracts Regulation. ([[{{PAGENAME}}#References\|2]])This may give the public the impression they have certain legal protections in respect of residential care agreements.

	In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.		In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.
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	==References==		==References==
	#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 (Last accessed January 9, 2016)
	#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 January 9, 2016 ).
	#Ibid. Planning Needs.		#Ibid. Planning Needs.

	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
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Nate Russell at 20:00, 24 July 2014

2014-07-24T20:00:24Z

← Older revision		Revision as of 20:00, 24 July 2014
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	[[File:Review the contract.jpg \| left \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]		[[File:Review the contract.jpg \| left \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
	In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[~~Chapter Three Legal Issues in Residential Care~~ References\|42]])and the Consumer Contracts Regulation. ([[~~Chapter Three Legal Issues in Residential Care~~ References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.		In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[{{PAGENAME}}#References\|1]])and the Consumer Contracts Regulation. ([[{{PAGENAME}}#References\|2]])This may give the public the impression they have certain legal protections in respect of residential care agreements.

	In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.		In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.
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	No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:		No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:

	:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''([[~~Chapter Three Legal Issues in Residential Care~~ References\|44]])		:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''([[{{PAGENAME}}#References\|3]])

			==References==
			#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).
			#Ibid. Planning Needs.

	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
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Nate Russell at 23:03, 23 July 2014

2014-07-23T23:03:21Z

← Older revision		Revision as of 23:03, 23 July 2014
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	[[File:Review the contract.jpg \| left \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]		[[File:Review the contract.jpg \| left \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
	In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[Chapter Three Legal Issues in Residential Care References\|42]])and the Consumer Contracts Regulation. ([[Chapter Three Legal Issues in Residential Care References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.		In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[Chapter Three Legal Issues in Residential Care References\|42]])and the Consumer Contracts Regulation. ([[Chapter Three Legal Issues in Residential Care References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.

Admin at 15:48, 18 July 2014

2014-07-18T15:48:29Z

← Older revision		Revision as of 15:48, 18 July 2014
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	~~{{DEMOWARNING}}~~
	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC}}
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Admin at 18:30, 9 July 2014

2014-07-09T18:30:29Z

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	{{DEMOWARNING}}		{{DEMOWARNING}}
	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC}}
			[[File:Review the contract.jpg \| left \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
	In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[Chapter Three Legal Issues in Residential Care References\|42]])and the Consumer Contracts Regulation. ([[Chapter Three Legal Issues in Residential Care References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.		In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[Chapter Three Legal Issues in Residential Care References\|42]])and the Consumer Contracts Regulation. ([[Chapter Three Legal Issues in Residential Care References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.

Marisa Chandler at 23:10, 3 July 2014

2014-07-03T23:10:33Z

← Older revision		Revision as of 23:10, 3 July 2014
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	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC}}

	In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act and the Consumer Contracts Regulation. This may give the public the impression they have certain legal protections in respect of residential care agreements.		In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[Chapter Three Legal Issues in Residential Care References\|42]])and the Consumer Contracts Regulation. ([[Chapter Three Legal Issues in Residential Care References\|43]])This may give the public the impression they have certain legal protections in respect of residential care agreements.

	In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.		In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.
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	No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:		No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:

	:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''		:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''([[Chapter Three Legal Issues in Residential Care References\|44]])


	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
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Marisa Chandler: Marisa Chandler moved page E. Contractual Protections in Legal Issues in Admission and Transfer to Contractual Protections in Admission and Transfer

2014-07-03T17:38:12Z

Marisa Chandler moved page E. Contractual Protections in Legal Issues in Admission and Transfer to Contractual Protections in Admission and Transfer

← Older revision		Revision as of 17:38, 3 July 2014
(No difference)

Marisa Chandler at 18:02, 24 June 2014

2014-06-24T18:02:23Z

← Older revision		Revision as of 18:02, 24 June 2014
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	No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:		No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:

	:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them ~~[emphasis added]~~."''		:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''


	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
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Marisa Chandler: Created page with "{{DEMOWARNING}} {{Legal Issues in Residential Care: An Advocate's Manual TOC}} In a recently published Guidebook, the provincial government suggested that the admission agree..."

2014-06-24T18:02:07Z

Created page with "{{DEMOWARNING}} {{Legal Issues in Residential Care: An Advocate's Manual TOC}} In a recently published Guidebook, the provincial government suggested that the admission agree..."

New page

{{DEMOWARNING}}
{{Legal Issues in Residential Care: An Advocate's Manual TOC}}

In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act and the Consumer Contracts Regulation. This may give the public the impression they have certain legal protections in respect of residential care agreements.

In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not.

The agreements appear to share some characteristics with continuing services contract (a type of future performance contract), but at present they are not actually covered as such under the consumer protection law or regulations. There may be some consumer protection for the “optional services” in the contract. However, most concerns about care are expected to be brought to the attention of the Operator, and if that does not succeed to be taken to the local Patient Care Quality Office for resolution. There are important questions about the capacity of the Patient Care Quality Offices to resolve these types of matters that blend law and care. See Chapter 5 on Rights, Remedies and Problem Resolution.

No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that:

:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them [emphasis added]."''

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