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

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==Funding:  Three Types of Facilities==
==Funding:  Three Types of Facilities==


The public is often  very confused  about care facilities, who runs  it ,  who is  responsible, and  who  pays.  There is good reason for that confusion:
The public is often  very confused  about care facilities, who runs  it,  who is  responsible, and  who  pays.  There is good reason for that confusion:


: a) A care facility may be directly operated by a regional health authority. These are partially subsidized by public funds.  
: a) A care facility may be directly operated by a regional health authority. These are partially subsidized by public funds.  
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People living in subsidized residential care pay up to 80 per cent of their after-tax income as a residential care fee, provided that they have at least $325 remaining from their income each month. The fee, referred to as a “co-payment,” ranges from $1005.80 to $3,198.50 per month (2016 figures). ([[{{PAGENAME}}#References|18]])
People living in subsidized residential care pay up to 80 per cent of their after-tax income as a residential care fee, provided that they have at least $325 remaining from their income each month. The fee, referred to as a “co-payment,” ranges from $1005.80 to $3,198.50 per month (2016 figures). ([[{{PAGENAME}}#References|18]])


From those remaining funds, the resident may be required to pay additional charges for “optional services “ (called “chargeable  extras”), including personal wheelchairs other than the required "basic personal wheelchair for exclusive use", fees for wheelchair repair and maintenance,  private accommodation, “preferred care products”, haircut, cable, outings and telephone services ([[{{PAGENAME}}#References|19]]). The cost of prescription and non prescription drugs are not covered in the residential care fee, except in extended care units.   
From those remaining funds, the resident may be required to pay additional charges for “optional services “ (called “chargeable  extras”), including specialized wheelchairs,  private accommodation, “preferred care products”, haircut, cable, outings and telephone services ([[{{PAGENAME}}#References|19]]). Since January 1, 2016 "basic personal wheelchair for exclusive use" and their basic maintenance is included in the general client rate. The cost of prescription and non prescription drugs are not covered in the residential care fee, except in extended care units.   
   
   
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. ([[{{PAGENAME}}#References|20]])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.([[{{PAGENAME}}#References|21]])
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. ([[{{PAGENAME}}#References|20]])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.([[{{PAGENAME}}#References|21]])

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