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Difference between revisions of "Contractual Protections in Admission and Transfer"
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Contractual Protections in Admission and Transfer (view source)
Revision as of 20:00, 24 July 2014
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[[File:Review the contract.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | [[File:Review the contract.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | ||
In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[ | In a recently published Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[{{PAGENAME}}#References|1]])and the Consumer Contracts Regulation. ([[{{PAGENAME}}#References|2]])This may give the public the impression they have certain legal protections in respect of residential care agreements. | ||
In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not. | In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not. | ||
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No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that: | No matter how the agreements are characterized, it is essential that people know in advance what they are contracting for in terms of services funded by the government or the Operator, and any costs for which are they are personally responsible to the Operator. In its public information, the government has identified that: | ||
:''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''([[ | :''“contracts for residential care services must include a description of the range of services available at the facility. Care services (e.g., bathing and dressing) are provided to residents based on their individual care plans. Hospitality services (e.g., housekeeping, meals, recreational programming) are provided to all residents. The cost of services is based on a percentage of income for subsidized facilities, or an agreed upon amount in private pay facilities. All consumers are entitled to know, in advance, what they will be charged per month and must understand that they may refuse additional services if they do not wish to receive them."''([[{{PAGENAME}}#References|3]]) | ||
==References== | |||
#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. | |||
{{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}} | ||