CARP also suggested a graduated license system with higher standards set for homes providing a higher level of care. This was not incorporated into the Act. Instead, there is no cap on the level of care a retirement home can provide; all homes, regardless of the level of care they provide, are subject to identical regulations.
In response to CARP’s urging for a proactive inspection process, the government was unmoved. Instead of requiring auditing based on clearly articulated standards, there will be mandatory inspection as well as complaints-driven inspection. In other words, there is a heavy burden on citizens to raise concerns about their care; elder Ontarians rights’ ought to be truly guaranteed through a stronger quality enforcement mechanism. In the absence of a strong enforcement mechanism, there is some doubt as to whether seniors’ rights will be protected in all situations. For example, stakeholders were dismayed by the Act’s silence on the use of restraints. The use of restraints can be a violation of seniors’ rights and as such, it cannot be left unregulated. The Act’s silence on this issue creates the potential for abuse in retirement homes.
At the update meeting, the government also clarified that if the retirement home qualifies as such under the Act (if it houses a minimum of 6 or more unrelated residents, primarily 65 years of age or older, who purchase accommodation and care) and than subsequently lodges only five older persons, the home will continue to be subject to the Act.
The government, in addition to explaining its response to stakeholder comments, presented a tentative timeline for the development of the regulations:
August / September 2010: Expert Round Tables
October / December 2010: Draft of Regulations
December / January 2010: Public Consultations
Spring 2011: Analysis of Public Feedback / Government Decision-making The government is currently calling for nominations and resumes from individuals interested in serving on four expert roundtables. These experts will give advice to the government on the content of the forthcoming regulations. Only individuals with expertise in four areas – scope of the Act (definition of a retirement home etc.); care standards (requirements for assessment and plans of care, activities of daily living, medication management, storage and distribution); safety standards (emergency plans, infection prevention, staff screening and training, rules for establishing trust fund accounts for residents), and licensing / enforcement / administration (frequency of inspections, requirements for compliance procedure, transition planning in event of closure of a retirement home) will be invited to attend.
Stakeholders requested that the expert roundtables be made public, the government agreed to take this under advisement.
CARP will be meeting with other stakeholders over the summer to help ensure that the expert roundtables and the consequent regulations fully address the needs and expectations of retirement home residents.
Keywords: homes, retirement
