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Difference between revisions of "Chapter Three Legal Issues in Residential Care References"
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Chapter Three Legal Issues in Residential Care References (view source)
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#ACE LTC Manual. Chapter 3. Entering a long-term care facility 3.29. | #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 | #Representation Agreement Act, s. 3.1; Health Care Consent and Care Facility Admission Act [RSBC 1996] c. 181 s. 19.91 | ||
#Romano, L & Meadus. J. (August 5, 2009). Congregate living and the law as it affects older adults . Research Paper for the Law Commission of Ontario: Advocacy Centre for the Elderly. [Page 23]. Online: http://www.advocacycentreelderly.org/appimages/file/ACE-LCO-Congregate_Living_and_the_Law_as_it_Affects_%20Older_Adults.pdf (Last accessed May 1, 2014). | |||
#This is language being used by some Operators. This is not the same as nominating a committee. | |||
#Ombuds, Best of Care. [pg. 242]. | |||
#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. | |||
#RCR, s. 47 (2) | |||
#Mental Health Act [RSBC 1996] c. 288. | |||
#See for example : McCorkell v. Director of Riverview Hospital Review Panel (1993), 104 D.L.R. (4th) 391 (B.C.S.C.). | |||
#Ombuds, Best of Care, Finding 101. | |||
#See for example, BC. Civil Liberties Association. “Suggested changes to BC’s Mental Health System regarding involuntary admission and treatment in non-criminal cases” Adopted by the BCCLA, 2011, | |||
#British Columbia Ministry of Health and Ministry Responsible for Seniors. (April 1999). Model Standards for Continuing Care and Extended Care Services. Online: http://www.health.gov.bc.ca/library/publications/year/1999/modelstandardsofcare.pdf ( “Model Standards”) (Last accessed May 1, 2014). | |||
#Model Standards . Residential Services. Pre-Admission. Standard 1. | |||
#Home and Community Care Policy Manual. Chapter: 6 Residential Care Services Number: 6.A. Section: A General Description and Definitions . Subsection: Effective: January 1, 2013 | |||
#Ombuds, Best of Care, p. 227. | |||
#Adapted from ACE, LTC Manual, Chapter 2 (2.17). | |||
#Other matters that can affect the degree a facility is appropriate are the care and specific services; the facility's organizational structure; types and qualifications of staff; access to community resources (e.g. advocacy groups, counsellors and volunteer services); physical environment and resident's personal space and furnishings; programs, services, supports; and, pertinent policies related to care planning, food services, medications, smoking, alcohol use, visiting, restraints, pets, per diem cost, personal charges (e.g. dental), and personal belongings. | |||
#There are legal responsibilities to accommodate to the needs of residents. | |||
#See: Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624. | |||
#See for example, Sussman, T. Churchill, M., Brotman, S. Chamberland, L..et al. (2012) “Identifying barriers, developing solutions: addressing the health and social needs of gay, lesbian, bisexual and transgender older adults who reside in long term care. “ Montreal, Quebec. Or Qmunity Generations. Aging Out Project Policy Dialogue. (November 19, 2013. Burnaby. BC), | |||
#See for example, the Vancouver Island Health Authority Residential Care Guide at page 6 states “If the first bed offered is not accepted, the client is no longer considered eligible or accepted for residential care. Clients in hospital who do not accept the first appropriate bed will be discharged.” | |||
#See VIHA, ibid. pg. 6. | |||
#Chapter: 6 Residential Care Services Number: 6.D Section: D Access To Services. | |||
#See: Interior Health.”Accessing Residential Care. “ Online : http://www.interiorhealth.ca/YourCare/HousingHealth/ResidentialCare/Pages/AccessingRC.aspx | |||
#See: | |||
##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). | |||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{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}} | ||
