1,185
edits
Difference between revisions of "Legal Frameworks of Residential Care"
From Clicklaw Wikibooks
Legal Frameworks of Residential Care (view source)
Revision as of 21:32, 3 July 2014
, 21:32, 3 July 2014→The General Statutory Framework in Residential Care
| Line 20: | Line 20: | ||
British Columbia has two different legal frameworks to govern the care of residents and the responsibilities of care facility operators. The first of these relates to “residential care facilities” and the second covers private hospitals and extended care units of hospitals. | British Columbia has two different legal frameworks to govern the care of residents and the responsibilities of care facility operators. The first of these relates to “residential care facilities” and the second covers private hospitals and extended care units of hospitals. | ||
In 2011, the BC Ombudsperson determined that the two separate legislative frameworks for residential care resulted in unfair differences in the care and services that seniors receive, as well as the fees they pay. The Ombudsperson recommended that the Ministry of Health harmonize the residential care regulatory framework.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|53]]) In the alternative, the Ombudsperson recommended that if the government chose to continue to maintain the two regulatory regimes, it should ensure that residents in the Hospital Act facilities are protected by the same standards afforded under the Residential Care Regulation, and that the Hospital Act facilities are subject to the same active oversight and inspection requirements.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|54]]) That has not happened yet. | In 2011, the BC Ombudsperson determined that the two separate legislative frameworks for residential care resulted in unfair differences in the care and services that seniors receive, as well as the fees they pay. The Ombudsperson recommended that the Ministry of Health harmonize the residential care regulatory framework.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|53]]) In the alternative, the Ombudsperson recommended that if the government chose to continue to maintain the two regulatory regimes, it should ensure that residents in the Hospital Act facilities are protected by the same standards afforded under the Residential Care Regulation, and that the Hospital Act facilities are subject to the same active oversight and inspection requirements.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|54]]) That has not happened yet. | ||
===Residential Care Facilities=== | ===Residential Care Facilities=== | ||
* Community Care and Assisted Living Act [[Introduction, Chapter One and Two of Legal Issues in Residential Care References|55]]) This Act and its related Residential Care Regulation [[Introduction, Chapter One and Two of Legal Issues in Residential Care References|56]]) govern approximately 70 per cent of residential care facility beds in British Columbia. Together they set the mandatory minimum health and safety standards in these facilities, as well as the requirements for staffing, food service, medication administration and other matters.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|57]]) | * Community Care and Assisted Living Act ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|55]]) This Act and its related Residential Care Regulation ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|56]]) govern approximately 70 per cent of residential care facility beds in British Columbia. Together they set the mandatory minimum health and safety standards in these facilities, as well as the requirements for staffing, food service, medication administration and other matters.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|57]]) | ||
* Residential Care Regulation [RCR] many of the details of the RCR will be set out in the following chapters. Under this regulation, the people who live in the residential care facilities are referred to as “persons in care”. In everyday practice, they are referred to as “residents”. | * Residential Care Regulation [RCR] many of the details of the RCR will be set out in the following chapters. Under this regulation, the people who live in the residential care facilities are referred to as “persons in care”. In everyday practice, they are referred to as “residents”. | ||
In general, this set of regulations establishes the minimum standards of the care facility, the requirements for staffing[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|58]]), admissions,[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|59]]) care [[Introduction, Chapter One and Two of Legal Issues in Residential Care References|60]]) and care plans [[Introduction, Chapter One and Two of Legal Issues in Residential Care References|61]]), nutrition,[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|62]]) medication,[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|63]]) the use of restraints,[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|64]]) and “reportable incidents”.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|65]]) It requires the operator to have written policies and procedures in place in relation to care and supervision of persons in care,[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|66]]) including falls prevention.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|67]]) | In general, this set of regulations establishes the minimum standards of the care facility, the requirements for staffing[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|58]]), admissions,([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|59]]) care ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|60]]) and care plans ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|61]]), nutrition,([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|62]]) medication,([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|63]]) the use of restraints,([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|64]]) and “reportable incidents”.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|65]]) It requires the operator to have written policies and procedures in place in relation to care and supervision of persons in care,([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|66]]) including falls prevention.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|67]]) | ||
The regulations cover communication, access to telephone, and privacy.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|68]]) These regulations also set out the physical requirements for bedrooms, bathrooms, common areas and work areas, as well as more detailed specifics such as the temperature of water, and signalling devices. The RCR also sets out records management requirements. | The regulations cover communication, access to telephone, and privacy.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|68]]) These regulations also set out the physical requirements for bedrooms, bathrooms, common areas and work areas, as well as more detailed specifics such as the temperature of water, and signalling devices. The RCR also sets out records management requirements. | ||
The regulations outline a broad principle intended to guide all residential care. It states the residents’ dignity will be considered when determining care standards. Specific examples are offered in the regulation: operators are required to consider the dignity of the individual when assessing the adequacy of privacy, furniture and equipment in bedrooms and bathrooms. Staffing must also be sufficient for individuals to receive care in a manner consistent with their dignity. However, as the BC Ombudsperson report notes, terms like “dignity” are difficult to measure and how the dignity standard is respected has not been specified. | The regulations outline a broad principle intended to guide all residential care. It states the residents’ dignity will be considered when determining care standards. Specific examples are offered in the regulation: operators are required to consider the dignity of the individual when assessing the adequacy of privacy, furniture and equipment in bedrooms and bathrooms. Staffing must also be sufficient for individuals to receive care in a manner consistent with their dignity. However, as the BC Ombudsperson report notes, terms like “dignity” are difficult to measure and how the dignity standard is respected has not been specified. | ||
| Line 40: | Line 40: | ||
The RCR requires operators take certain safety and identification measures for any cognitively impaired resident who is considered to be at risk of leaving the premises without alerting staff, and of not being able to identify themselves. That might involve placing a bracelet or other secure means of identification on the person. The bracelet must give the name of the person and the community care facility as well as the emergency contact information. | The RCR requires operators take certain safety and identification measures for any cognitively impaired resident who is considered to be at risk of leaving the premises without alerting staff, and of not being able to identify themselves. That might involve placing a bracelet or other secure means of identification on the person. The bracelet must give the name of the person and the community care facility as well as the emergency contact information. | ||
=== | ===Private Hospitals and Extended Care Facilities=== | ||
====Hospital Act==== | ====Hospital Act==== | ||
