Difference between revisions of "Overview of Legal Issues in Residential Care"

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.  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.

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;  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.