Difference between revisions of "The Basic Recourse Process under CCALA"

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The Basic Recourse Process under CCALA (view source)

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#Grant v. Torstar Corp., 2009 SCC 61, [2009] 3 S.C.R. 640
#Grant v. Torstar Corp., 2009 SCC 61, [2009] 3 S.C.R. 640
#Office of the Ombudsperson Best of Care Part 1 , pg 28-29.  
#Office of the Ombudsperson Best of Care Part 1 , pg 28-29.  
#Report on Assisted Living in BC. BCLI Report no. 72, CCEL Report no. 7 September 2013, pg.  [“Assisted Living}
#Assisted Living 
#See Bentley v. Maplewood.
#CCALA, s. 7 (1) (c) and (c.1) (i) and (ii).
#Specifically the Health Care (Consent) and Care Facility Admission Act, the Patients Property Act,  and the Representation Agreement Act.
#Ministry of Health. Community Care Facilities . “Residents Bill of Rights”. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html  [“Bill of Rights”] (Last accessed May 1, 2014)
#Bill of Rights.
#RCR, s. 4 (a).
#Bill of  Rights , s. 4 (b). Note : A summary of the care facility’s  inspection record is also available online.
#Residents’ Bill of  Rights, s. 4 (c ) and (d).
#Residents’ Bill of  Rights, s. 4 (e).
#Guidelines, p.2
#Ministry of Health. Home and Community Care. Accountability: Family and Resident Councils. Online http://www2.gov.bc.ca/gov/topic.page?id=96139325762343BB9F289A0C0F73D868  (Last accessed May 1, 2014)
#Ostensibly the reason for not including people whose family are no longer residents at the facility  is a fear of “political advocacy”.
#For  example Ontario’s Long-Term Care Homes Act, 2007, S.O. 2007, c. 8,  s. 59-60  identifies the responsibility of the licensee  to promote the establishment of the Family Council and respond to  Council  concerns in a specific timeframe. It  sets out specific powers of the Council including rights to see the Licensee’s funding agreement information.
#RCR, s. 38.
#RCR, s. 40 (1).
#Criminal Records Review Act [RSBC 1996] c. 86
#Patient Care Quality Review Board Act,  Bill,  41, 2008,  s. 1
#(2013) Patient Care Quality Office Resource Guide. Ministry of Health, p. 5. Online : http://www.phsa.ca/NR/rdonlyres/CF2CFA45-A2FC-45C6-920C-F775C740CA03/64611/PCQOResourceGuideMoHS_PHSA2012.pdf  (Last accessed May 1, 2014).
#See: Provincial Health Services Authority. Patient Care Quality Office. Online : http://www.phsa.ca/NR/rdonlyres/CF2CFA45-A2FC-45C6-920C-F775C740CA03/64611/PCQOResourceGuideMoHS_PHSA2012.pdf  (Last accessed May 1, 2014). Also  Note :  Murtaugh, J.  (2012). Patient Care Quality Program Final Evaluation Report.  Prepared for BC  Ministry of Health. Online:  http://www.health.gov.bc.ca/library/publications/year/2012/patient-care-quality-program-evaluation-report.pdf  [“Murtaugh”]  Notes that staff find the PCQ timelines challenging and unreasonable.
#Murtaugh.
#See Murtaugh, pg. 17,  Figure  1.
#Murtaugh,  pg. 24.
#Murtaugh.
#Murtaugh,  p. 21.
#Murtaugh, p.  41
#"care quality complaint" means a complaint
##(a) respecting one or more of the following:
###(i) the delivery of, or the failure to deliver, health care;
###(ii) the quality of health care delivered;
###(iii) the delivery of, or the failure to deliver, a service relating to health care;
###(iv) the quality of any service relating to health care, and
##(b) made by or on behalf of the individual to whom the health care or service was delivered or not delivered. "Health care" means anything that is provided to an individual for a therapeutic, preventive, palliative, diagnostic or other health related purpose, and includes (a) a course of health care, and (b) other prescribed services relating to individuals' health or well-being.
#HCCCFAA,  s.1
#HCCCFAA,  s.1
#Patient Quality Care Review Board Act. Bill 41 (2008). Patient Care Quality Review Board, “Legislation” . Online: http://www.patientcarequalityreviewboard.ca/legislation.html  (Last accessed May 1, 2014)
#Patient Care Quality Review Board. “About us”. Online: http://www.patientcarequalityreviewboard.ca/aboutus.html (Last accessed May 1, 2014)
#For an example of appeal board issues potentially affecting the care of residents, See: SB, CB, SG & JN v. Vancouver Island Health Authority & Cowichan Lodge. 2008 BCCCALAB 6. (Application for Stay order pending appeal - Granted)
#Patient Care Quality Review Board. 2013 Annual Report. Online: http://www.health.gov.bc.ca/library/publications/year/2013/PCQRB-annualreport-1213.pdf  (Last accessed May 1, 2014)
#Patient Care Quality Review Board. “Frequently asked questions”. Online : http://www.patientcarequalityreviewboard.ca/faqs.html#Q20 (Last accessed May 1, 2014)
#Patient Quality Care Review Board Annual Report, 2011-12, pg.33. Online : http://www.health.gov.bc.ca/library/publications/year/2012/PCQRB-annualreport-1112.pdf  (Last accessed May 1, 2014)
#CCALA, s. 15.
#See Sivertson (Guardian ad litem of) v. Dutrisac  [2011] B.C.J. No. 810, 2011 BCSC 558.
#Best of Care, Part 2, pg. 314.
#Ombuds, Best of Care, Recommendation 160: The Fraser, Interior, Northern and Vancouver Island health authorities inspect all residential care facilities governed under the Hospital Act in the same manner and with the same frequency as they inspect residential facilities licensed under the Community Care and Assisted Living Act commencing immediately.
#Office of  the BC Ombudsperson.  June 2013. Update on Status of Recommendations- The Best Of Care: Getting It Right For Seniors In British Columbia (Part 2) Public Report No. 47 Pg. 8.
##March 2013 - FH confirmed that it conducts and will continue to conduct annual inspections of residential care facilities governed under the Hospital Act in the same manner as CCALA facilities are inspected.
##October 2012- FHA has begun annual Hospital Act facility inspections. -January 2012
##FHA will collaborate with the Ministry of Health and other health authorities to develop and implement a standardized and consistent approach to the inspection of residential facilities governed under the Hospital Act.


{{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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