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Difference between revisions of "Overview of Legal Issues in Residential Care"
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Overview of Legal Issues in Residential Care (view source)
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#McGregor, M.J., Tate, R.B., Ronald, L.A. et al. (December 2010).Trends in long-term care staffing by facility ownership in British Columbia, 1996 to 2006. Health Reports, 21 (4). Statistics Canada. Catalogue no. 82-003-X. | #McGregor, M.J., Tate, R.B., Ronald, L.A. et al. (December 2010).Trends in long-term care staffing by facility ownership in British Columbia, 1996 to 2006. Health Reports, 21 (4). Statistics Canada. Catalogue no. 82-003-X. | ||
#Community Care and Assisted Living Act [SBC 2002] c. 75. [“CCALA”]. Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_02075_01. (Last accessed | #Community Care and Assisted Living Act [SBC 2002] c. 75. [“CCALA”]. Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_02075_01. (Last accessed January 9, 2016). | ||
#Residential Care Regulations, B.C. Reg. 96/2009 (as amended). [“RCR”] Online: http://www.bclaws.ca/Recon/document/ID/freeside/96_2009 (Last accessed | #Residential Care Regulations, B.C. Reg. 96/2009 (as amended). [“RCR”] Online: http://www.bclaws.ca/Recon/document/ID/freeside/96_2009 (Last accessed January 9, 2016). | ||
#British Columbia. Office of the Ombudsperson. The best of care. Getting it right for seniors in British Columbia (Part 2). Public report no. 47 to the Legislative Assembly of British Columbia, [page. 206]. [ This publication will subsequently be referred to as the “Ombuds, Best of Care”.] | #British Columbia. Office of the Ombudsperson. The best of care. Getting it right for seniors in British Columbia (Part 2). Public report no. 47 to the Legislative Assembly of British Columbia, [page. 206]. [This publication will subsequently be referred to as the “Ombuds, Best of Care”.] | ||
#These are sometimes referred to as “hospitality | #These are sometimes referred to as “hospitality services”. | ||
#CCALA, s. 2. | #CCALA, s. 2. | ||
#Community Care and Assisted Living Regulation. B.C. Reg. 217/2004 [O.C. 476/2004]. s. 2 [Subsequent reference will be “CCALA Regulation”]. Online: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/217_2004. (Last accessed | #Community Care and Assisted Living Regulation. B.C. Reg. 217/2004 [O.C. 476/2004]. s. 2 [Subsequent reference will be “CCALA Regulation”]. Online: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/217_2004. (Last accessed January 9, 2016). | ||
#CCALA Regulation. Also, CCALA, s. 1 See definition of “Community care facility”. Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_02075_01. (Last accessed | #CCALA Regulation. Also, CCALA, s. 1 See definition of “Community care facility”. Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_02075_01. (Last accessed January 9, 2016). | ||
#There is an exception in the law when the spouse is living with the person. | #There is an exception in the law when the spouse is living with the person. | ||
#Ministry of Health Home and Community Care Policy Manual, Chapter: 6 Residential Care Services (Section 6.D : Access to Services (October, 15, 2012) [Subsequent reference will be “H&CC Policy Manual”] | #Ministry of Health Home and Community Care Policy Manual, Chapter: 6 Residential Care Services (Section 6.D : Access to Services (October, 15, 2012) [Subsequent reference will be “H&CC Policy Manual”] | ||
#More recent information from the Ministry of Health identifies that there are 361 residential care facilities in the Province. See: http://www.bccare.ca/bccpa-hosts-fire-safety-meeting/ | #More recent information from the Ministry of Health identifies that there are 361 residential care facilities in the Province. See: http://www.bccare.ca/bccpa-hosts-fire-safety-meeting/ | ||
#Ombuds, Best of Care, pg. 204. | #Ombuds, Best of Care, pg. 204. | ||
#Hospital Act [RSBC 1996] c. 200. Online: http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 (Last accessed | #Hospital Act [RSBC 1996] c. 200. Online: http://www.bclaws.ca/civix/document/id/complete/statreg/96200_01 (Last accessed January 9, 2016). | ||
#Ombuds, Best of Care, pg. 203. | #Ombuds, Best of Care, pg. 203. | ||
#Vancouver Coastal Health. (n.d.) Information on Residential Care. p. 3. This guide is available online at : www.vch.ca (Last accessed May 1, 2014) [ “Vancouver Coastal Health, Information”] | #Vancouver Coastal Health. (n.d.) Information on Residential Care. p. 3. This guide is available online at : www.vch.ca (Last accessed May 1, 2014) [“Vancouver Coastal Health, Information”] | ||
#Vancouver Coastal Health, Information. | #Vancouver Coastal Health, Information. | ||
#Ombuds, Best of Care, pg. 205. | #Ombuds, Best of Care, pg. 205. | ||
#BC Ministry of Health. Home and Community Care. Long Term Residential Care. Online: http://www2.gov.bc.ca/gov/topic.page?id=4FEC0F570BC04692810548267D09577E&title=Long-Term%20Residential%20Care (Last accessed | #BC Ministry of Health. Home and Community Care. Long Term Residential Care. Online: http://www2.gov.bc.ca/gov/topic.page?id=4FEC0F570BC04692810548267D09577E&title=Long-Term%20Residential%20Care (Last accessed January 9, 2016) | ||
#BC Ministry of Health, ibid. | #BC Ministry of Health, ibid. | ||
#H&CC Policy Manual. Chapter: 6 Residential Care Services (Section: F Benefits And Allowable Charges), BC Ministry of Health. Home and Community Care. “Who pays for care? Temporary reduction of your client rate.” Online: http://www2.gov.bc.ca/gov/topic.pageid=4A29582816F3497C85765E1943A25C6A&title=Temporary%20Reduction%20of%20Your%20Client%20Rate (Last accessed May 1, 2014). | #H&CC Policy Manual. Chapter: 6 Residential Care Services (Section: F Benefits And Allowable Charges), BC Ministry of Health. Home and Community Care. “Who pays for care? Temporary reduction of your client rate.” Online: http://www2.gov.bc.ca/gov/topic.pageid=4A29582816F3497C85765E1943A25C6A&title=Temporary%20Reduction%20of%20Your%20Client%20Rate (Last accessed May 1, 2014). | ||
| Line 287: | Line 287: | ||
#RCR, Division 2 to 5. | #RCR, Division 2 to 5. | ||
#CCALA, s. 7 (1)(c.1)(ii). | #CCALA, s. 7 (1)(c.1)(ii). | ||
#As identified in s.4 (3) (a) of the Hospital Act [RSBC 1996] c. 200 | #As identified in s.4 (3) (a) of the Hospital Act [RSBC 1996] c. 200. | ||
#E.g. for bedrooms, bathrooms, temperature and lighting | #E.g. for bedrooms, bathrooms, temperature and lighting | ||
#CCALA, Part 2. | #CCALA, Part 2. | ||
| Line 293: | Line 293: | ||
#To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor. | #To their local licensing office and their funding body, as well as to the affected resident’s family and the resident’s family doctor. | ||
#The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007. | #The Ombuds, Best of Care, pg.208 notes that the Vancouver Coastal Health Authority is the only exception. It has been inspecting private hospital facilities under the Hospital Act regularly since September 2007. | ||
#As of April 2013, all health authorities now provide online access to summary inspection reports for Hospital Act facilities. These reports can be accessed through the ministry’s Home and Community Care website (www.gov.bc.ca/hcc ) under the Accountability section. | #As of April 2013, all health authorities now provide online access to summary inspection reports for Hospital Act facilities. These reports can be accessed through the ministry’s Home and Community Care website (http://www.gov.bc.ca/hcc ) under the Accountability section. | ||
#CCALA, s.22. | #CCALA, s.22. | ||
#CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site. | #CCALA facilities are required only to ensure that either a medical or nurse practitioner can be contacted in an emergency. However the funding agreement with the health authority may require a registered nurse to be on site. | ||
#People who live in either CCALA facilities or in private hospitals typically have their prescription costs covered by PharmaCare’s Plan B, but they must pay for their own non-prescription drugs. | #People who live in either CCALA facilities or in private hospitals typically have their prescription costs covered by PharmaCare’s Plan B, but they must pay for their own non-prescription drugs. | ||
#Vancouver Island Health Authority. VIHA. “ Residential care Services” Online: http://www.viha.ca/hcc/residential/ (Last accessed | #Vancouver Island Health Authority. VIHA. “ Residential care Services” Online: http://www.viha.ca/hcc/residential/ (Last accessed January 9, 2016). | ||
#For a description of how this occurs, see: (2008) Personal Assistance Guidelines. Ministry of Health Services. Online: http://www.health.gov.bc.ca/library/publications/year/2008/Personal_Assistance_Guidelines.pdf | #For a description of how this occurs, see: (2008) Personal Assistance Guidelines. Ministry of Health Services. Online: http://www.health.gov.bc.ca/library/publications/year/2008/Personal_Assistance_Guidelines.pdf (Last accessed January 9, 2016) | ||
#Howe Group Public Sector Consultants. (January 2011). Planning, attracting, engaging, and sharing knowledge: - a human resource strategy for the community health workers, residential care aides and licensed practical nurses in BC’s private and not-for-profit seniors care sector. Pg. 7 Online: http://www.bccares.ca/pdf/HR%20Report%20Final%20Version%20-%20Jan%2011.pdf [“ Seniors Care HR Sector Committee”} (Last accessed May 1, 2014). | #Howe Group Public Sector Consultants. (January 2011). Planning, attracting, engaging, and sharing knowledge: - a human resource strategy for the community health workers, residential care aides and licensed practical nurses in BC’s private and not-for-profit seniors care sector. Pg. 7 Online: http://www.bccares.ca/pdf/HR%20Report%20Final%20Version%20-%20Jan%2011.pdf [“ Seniors Care HR Sector Committee”} (Last accessed May 1, 2014). | ||
#Seniors Care HR Sector Committee, ibid. pg. 14. | #Seniors Care HR Sector Committee, ibid. pg. 14. | ||
#Seniors Care HR Sector Committee, ibid. pg. 7. | #Seniors Care HR Sector Committee, ibid. pg. 7. | ||
#BC Care Aide & Community Health Care Worker Registry. Existing Health Care Assistant (HCA) Programs – British Columbia Important Dates - Registry Program Recognition. Online : http://www.cachwr.bc.ca/getattachment/Educators/Existing-HCA-Programs-Important-Dates.pdf.aspx (Last accessed | #BC Care Aide & Community Health Care Worker Registry. Existing Health Care Assistant (HCA) Programs – British Columbia Important Dates - Registry Program Recognition. Online : http://www.cachwr.bc.ca/getattachment/Educators/Existing-HCA-Programs-Important-Dates.pdf.aspx (Last accessed January 9, 2016). | ||
#Ibid. | #Ibid. | ||
{{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}} | ||
