Chapter Three Resources and Appendix in Legal Issues in Residential Care

Chapter Resources

Health Authorities’ Guidebooks for Residential Care

Fraser Health

Residential Care in Fraser Health. www.fraserhealth.ca/media/Residential_Care_in_FraserHealthweb.pdf

Vancouver Island Health

www.viha.ca/NR/rdonlyres/4CFF2480-72D7-4B1A-B489-D0A68B4BBC4F/0/viha_residential_care_guide.pdf

BC Care Provider Association

Residential Care Health and Safety Guidelines: A guidebook.

Online: www.bccare.ca/wp-content/uploads/bccare_safety_grid_v11.pdf

Table 2.2 Ministry of Health Home and Community Care Policy Manual (Sections Relevant to Admission)

CHAPTER: 2 CLIENT ACCESS

2.B Eligibility

2.D Assessment

CHAPTER: 6 RESIDENTIAL CARE SERVICES

6.D Access to Services

6.D.1 Supporting Spouses with Differing Care Needs

6.E Assessment

6.F Benefits and Allowable Charges

CHAPTER: 7 CLIENT RATES

7.B Income-Based Client Rates

7.B.1 Assessment of Client Rates

7.B.2 Client Rates for Specific Services

7.B.3 Changes in Client Rates

7.B.4 Alternate Payers

7.D Temporary Reduction of Client Rates

Table 2.3 Summary of Findings and Recommendations Relevant to Admission Process from the BC Ombudsperson “Best of Care” Report

Finding	Recommendation
Eligibility for Subsidized F76: The Ministry of Health has two unreasonable conditions of eligibility for a subsidized bed in a residential care facility: that seniors have to accept a placement in an unknown residential care facility and move in within 48 hours of when a bed is offered that seniors have to agree to pay the applicable room rates and other permissible facility charges before knowing the amount of those costs	R100: The Ministry of Health remove the two unreasonable conditions of eligibility for a subsidized bed in a residential care facility.
Assessment F77: The Ministry of Health does not require the health authorities to ensure that seniors who believe a placement they’ve been offered is inappropriate have the opportunity to raise their concerns and have them considered.	R101: The Ministry of Health work with the health authorities to ensure that seniors who believe an offered placement is inappropriate have an adequate opportunity to raise their concerns and have them considered.
F78: It is unfair for the Ministry of Health and the health authorities to tell seniors they can transfer to a residential care facility they prefer after accepting admission to the first appropriate bed without also informing them: they will be considered lower priority for transfer to their preferred facility once they have accepted the first appropriate bed how long it is likely to take to transfer to their preferred facility	R102: The Ministry of Health require the health authorities to inform seniors that they will be considered lower priority for transfer to their preferred facility once they have accepted the first appropriate bed, and how long it is likely to take to transfer to their preferred facility.
F80: It is unfair for the health authorities to penalize seniors who pay for a non-subsidized bed while waiting for a subsidized bed by assigning them a lower priority on waiting lists for that reason.	R104: The health authorities stop penalizing seniors who pay for a non-subsidized residential care bed while waiting for a subsidized bed by assigning them a lower priority on their waiting lists for that reason.
F81: The health authorities do not provide seniors and their families with information on how long eligible seniors can expect to wait for initial placement in subsidized residential care and for transfer to their preferred facility.	F81: The health authorities do not provide seniors and their families with information on how long eligible seniors can expect to wait for initial placement in subsidized residential care and for transfer to their preferred facility.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

Short for the Child Support Guidelines, a regulation to the federal Divorce Act, adopted by each province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."