Overview of Legal Issues in Residential Care - Revision history

Desy Wahyuni at 18:07, 27 October 2023

2023-10-27T18:07:45Z

← Older revision		Revision as of 18:07, 27 October 2023
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	{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter1}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter1}}
			{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
	This chapter introduces residential care in British Columbia. It provides an overview of the laws that commonly come into play for residential care facility providers, the staff and the residents who live there.		This chapter introduces residential care in British Columbia. It provides an overview of the laws that commonly come into play for residential care facility providers, the staff and the residents who live there.
	The chapter is divided into two parts. The first is an overview of residential care system and the people who work in this system; the second describes key laws that govern the area and the lives of many residents.		The chapter is divided into two parts. The first is an overview of residential care system and the people who work in this system; the second describes key laws that govern the area and the lives of many residents.
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	#Ibid.		#Ibid.

	~~{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}~~
	{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}		{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Desy Wahyuni: Undo revision 57167 by Desy Wahyuni (talk)

2023-10-27T18:01:57Z

Undo revision 57167 by Desy Wahyuni (talk)

← Older revision		Revision as of 18:01, 27 October 2023
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	There are several important differences between residential care facilities that fall under the Community Care and Assisted Living Act and the care facilities that fall under the Hospital Act. These relate to whether the facility will have legislated care standards, physical environment standards or restrictions on double occupancy;([[{{PAGENAME}}#References\|22]]) whether the facility is subject to routine inspections; whether there are reporting requirements for abuse, neglect or other incidents; and whether they are required to have a medical practitioner or registered nurse on site. Some of these differences are summarized in Table 2.		There are several important differences between residential care facilities that fall under the Community Care and Assisted Living Act and the care facilities that fall under the Hospital Act. These relate to whether the facility will have legislated care standards, physical environment standards or restrictions on double occupancy;([[{{PAGENAME}}#References\|22]]) whether the facility is subject to routine inspections; whether there are reporting requirements for abuse, neglect or other incidents; and whether they are required to have a medical practitioner or registered nurse on site. Some of these differences are summarized in Table 2.
	~~akshdlahalfsadlfjsd;fjsd;fjdsf;lsdfds~~
	'''Although there are funding and other differences, all three types of facilities are licensed by the health authority.'''		'''Although there are funding and other differences, all three types of facilities are licensed by the health authority.'''

Desy Wahyuni at 17:59, 27 October 2023

2023-10-27T17:59:37Z

← Older revision		Revision as of 17:59, 27 October 2023
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	There are several important differences between residential care facilities that fall under the Community Care and Assisted Living Act and the care facilities that fall under the Hospital Act. These relate to whether the facility will have legislated care standards, physical environment standards or restrictions on double occupancy;([[{{PAGENAME}}#References\|22]]) whether the facility is subject to routine inspections; whether there are reporting requirements for abuse, neglect or other incidents; and whether they are required to have a medical practitioner or registered nurse on site. Some of these differences are summarized in Table 2.		There are several important differences between residential care facilities that fall under the Community Care and Assisted Living Act and the care facilities that fall under the Hospital Act. These relate to whether the facility will have legislated care standards, physical environment standards or restrictions on double occupancy;([[{{PAGENAME}}#References\|22]]) whether the facility is subject to routine inspections; whether there are reporting requirements for abuse, neglect or other incidents; and whether they are required to have a medical practitioner or registered nurse on site. Some of these differences are summarized in Table 2.
			akshdlahalfsadlfjsd;fjsd;fjdsf;lsdfds
	'''Although there are funding and other differences, all three types of facilities are licensed by the health authority.'''		'''Although there are funding and other differences, all three types of facilities are licensed by the health authority.'''

Charmaine Spencer: /* References */

2016-01-11T18:02:36Z

References

← Older revision		Revision as of 18:02, 11 January 2016
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	#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.		#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.
	#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.		#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.
	# Inspection information can now be found on the specific Health Authority website. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities and private hospitals (online: http://www.healthspace.ca/Clients/FHA/FHA_Website.nsf/CCFL-Adult-Frameset-Facilities).Type "hospital" to find private hospitals. Island Health identifies whether there has been a routine or non routine visit, and if ~~there are~~ any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies outstanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.		# Inspection information can now be found on the specific Health Authority website. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast, Fraser Health provides summary inspection reports on residential care facilities and private hospitals (online: http://www.healthspace.ca/Clients/FHA/FHA_Website.nsf/CCFL-Adult-Frameset-Facilities). Type "hospital" to quickly find private hospitals. It identifies routine inspections and those in response to a complaint. Island Health identifies whether there has been a routine or non routine visit, and if any conditions have been placed on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies outstanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.
	#CCALA, s.22.		#CCALA, s.22.
	#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.		#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.

Charmaine Spencer: /* References */

2016-01-11T17:58:37Z

References

← Older revision		Revision as of 17:58, 11 January 2016
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	#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.		#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.
	#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.		#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.
	# ~~For a short period of time in 2013-14, all health authorities provided online access to summary inspection reports for residential care and Hospital Act facilities. This~~ information ~~was accessible through the Ministry of Health’s Home and Community Care website. That is no longer the case. Information~~ can now be found on the specific Health Authority website. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities and private hospitals (online: http://www.healthspace.ca/Clients/FHA/FHA_Website.nsf/CCFL-Adult-Frameset-Facilities).Type "hospital" to find private hospitals. Island Health identifies ~~there~~ there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies ~~oustanding~~ infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.		# Inspection information can now be found on the specific Health Authority website. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities and private hospitals (online: http://www.healthspace.ca/Clients/FHA/FHA_Website.nsf/CCFL-Adult-Frameset-Facilities).Type "hospital" to find private hospitals. Island Health identifies whether there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies outstanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.
	#CCALA, s.22.		#CCALA, s.22.
	#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.		#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.

Charmaine Spencer: /* References */

2016-01-11T17:53:22Z

References

← Older revision		Revision as of 17:53, 11 January 2016
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	#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.		#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.
	#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.		#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.
	# For a short period of time in 2013-14, all health authorities provided online access to summary inspection reports for residential care and Hospital Act facilities. This information was accessible through the Ministry of Health’s Home and Community Care website. That is no longer the case. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities ~~but not~~ private hospitals; Island Health identifies there there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies oustanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.		# For a short period of time in 2013-14, all health authorities provided online access to summary inspection reports for residential care and Hospital Act facilities. This information was accessible through the Ministry of Health’s Home and Community Care website. That is no longer the case. Information can now be found on the specific Health Authority website. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities and private hospitals (online: http://www.healthspace.ca/Clients/FHA/FHA_Website.nsf/CCFL-Adult-Frameset-Facilities).Type "hospital" to find private hospitals. Island Health identifies there there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies oustanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.
	#CCALA, s.22.		#CCALA, s.22.
	#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.		#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.

Charmaine Spencer: /* Funding: Three Types of Facilities */

2016-01-11T17:45:59Z

Funding: Three Types of Facilities

← Older revision		Revision as of 17:45, 11 January 2016
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	==Funding: Three Types of Facilities==		==Funding: Three Types of Facilities==

	The public is often very confused about care facilities, who runs it , who is responsible, and who pays. There is good reason for that confusion:		The public is often very confused about care facilities, who runs it, who is responsible, and who pays. There is good reason for that confusion:

	: a) A care facility may be directly operated by a regional health authority. These are partially subsidized by public funds.		: a) A care facility may be directly operated by a regional health authority. These are partially subsidized by public funds.
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	People living in subsidized residential care pay up to 80 per cent of their after-tax income as a residential care fee, provided that they have at least $325 remaining from their income each month. The fee, referred to as a “co-payment,” ranges from $1005.80 to $3,198.50 per month (2016 figures). ([[{{PAGENAME}}#References\|18]])		People living in subsidized residential care pay up to 80 per cent of their after-tax income as a residential care fee, provided that they have at least $325 remaining from their income each month. The fee, referred to as a “co-payment,” ranges from $1005.80 to $3,198.50 per month (2016 figures). ([[{{PAGENAME}}#References\|18]])

	From those remaining funds, the resident may be required to pay additional charges for “optional services “ (called “chargeable extras”), including ~~personal~~ wheelchairs ~~other than the required "basic personal wheelchair for exclusive use", fees for wheelchair repair and maintenance~~, private accommodation, “preferred care products”, haircut, cable, outings and telephone services ([[{{PAGENAME}}#References\|19]]). The cost of prescription and non prescription drugs are not covered in the residential care fee, except in extended care units.		From those remaining funds, the resident may be required to pay additional charges for “optional services “ (called “chargeable extras”), including specialized wheelchairs, private accommodation, “preferred care products”, haircut, cable, outings and telephone services ([[{{PAGENAME}}#References\|19]]). Since January 1, 2016 "basic personal wheelchair for exclusive use" and their basic maintenance is included in the general client rate. The cost of prescription and non prescription drugs are not covered in the residential care fee, except in extended care units.

	The maximum client rate is adjusted annually based on changes to the Consumer Price Index. There is a mechanism for obtaining a “temporary rate reduction” if the amount would cause the person or their family serious financial hardship. ([[{{PAGENAME}}#References\|20]])The Ombudsperson Report notes that this information on the availability of a reduced rate often was not being provided to people. The Ministry of Health has begun including the information in letters to clients and now posts it on the Home and Community Care website.([[{{PAGENAME}}#References\|21]])		The maximum client rate is adjusted annually based on changes to the Consumer Price Index. There is a mechanism for obtaining a “temporary rate reduction” if the amount would cause the person or their family serious financial hardship. ([[{{PAGENAME}}#References\|20]])The Ombudsperson Report notes that this information on the availability of a reduced rate often was not being provided to people. The Ministry of Health has begun including the information in letters to clients and now posts it on the Home and Community Care website.([[{{PAGENAME}}#References\|21]])

Charmaine Spencer: /* References */

2016-01-10T20:55:17Z

References

← Older revision		Revision as of 20:55, 10 January 2016
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	#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.		#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor.
	#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.		#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007.
	# For a short period of time in 2013-14, all health authorities provided online access to summary inspection reports for Hospital Act facilities. This information was accessible through the Ministry of Health’s Home and Community Care website. That is no longer the case. A particular health authority may provide summary, limited or no information on the private hospitals. Interior Health has developed a useful summary of "substantiated complaints" which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf~~. Interior Health also provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information~~. In contrast Fraser Health provides summary inspection reports on residential care facilities but not private hospitals; Island Health identifies there there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in ~~contrast~~ provides ~~the~~ more comprehensive and transparent information. As of February 2015 it has a beta ~~site~~ with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies oustanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.		# For a short period of time in 2013-14, all health authorities provided online access to summary inspection reports for residential care and Hospital Act facilities. This information was accessible through the Ministry of Health’s Home and Community Care website. That is no longer the case. A particular health authority may provide summary, limited or no information on the care facilities and private hospitals. Interior Health provides inspection information for both types in a table form, but only identifying if there has been a critcal or non critical infraction and with no other information. However, Interior Health has developed a useful summary of "substantiated complaints" based on inspections which can be accessed online: https://www.interiorhealth.ca/YourEnvironment/ResidentialCareFacilities/Documents/Substantiated-Complaints-in-Seniors-Care-Facilities.pdf. In contrast Fraser Health provides summary inspection reports on residential care facilities but not private hospitals; Island Health identifies there there has been a routine or non routine visit, and if there are any conditions on the residential care facility or private hospital. Northern Health also provides very limited information and most of the hospitals have not received an inspection in over 3 years. Vancouver Coastal in comparison provides much more comprehensive and transparent information. As of February 2015 it has a beta website with inspection reports for residential care facilities and private hospitals, with links to the report. It identifies oustanding infractions and outstanding Bill of Rights infraction. Online: https://inspections.vcha.ca/. Vancouver Coastal also has a Legacy Inspection Report website online with older inspection reports: http://vchlegacyinspections.ca/.
	#CCALA, s.22.		#CCALA, s.22.
	#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.		#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site.

Charmaine Spencer: /* Table 2 Comparisons of Licensed Residential Care Facilities & Licensed Private Hospitals & Extended Care Units */

2016-01-10T20:48:23Z

Table 2 Comparisons of Licensed Residential Care Facilities & Licensed Private Hospitals & Extended Care Units

← Older revision		Revision as of 20:48, 10 January 2016
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	\|- valign=top		\|- valign=top
	\| width="20%" \| Legal protections for people reporting concerns		\| width="20%" \| Legal protections for people reporting concerns
	\| width="40%" \| Yes for abuse and neglect ([[{{PAGENAME}}#References\|33]])		\| width="40%" \| Yes for abuse and neglect ([[{{PAGENAME}}#References\|33]])
	\| width="40%" \| No - not under Hospital Act(but come under general Adult Guardianship Act protections)		\| width="40%" \| No - not under Hospital Act (but come under general Adult Guardianship Act protections)

Charmaine Spencer: /* Table 2 Comparisons of Licensed Residential Care Facilities & Licensed Private Hospitals & Extended Care Units */

2016-01-10T20:45:30Z

Table 2 Comparisons of Licensed Residential Care Facilities & Licensed Private Hospitals & Extended Care Units

← Older revision		Revision as of 20:45, 10 January 2016
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	\| width="20%" \| Inspection reports posted ([[{{PAGENAME}}#References\|32]])		\| width="20%" \| Inspection reports posted ([[{{PAGENAME}}#References\|32]])
	\| width="40%" \| Yes		\| width="40%" \| Yes
	\| width="40%" \| No legal requirement/In practice, yes		\| width="40%" \| No legal requirement/In practice, yes but varies among health authorities

	\|- valign=top		\|- valign=top