Dear Hon.Bruce Fitch
On behalf of the Board of Directors, I write to bring to your attention that the Standards and Procedures for Adult Residential Facilities and the Nursing Home Act conflict with respect to the discharge of a resident. The Nursing Home Act references the discharge can be for any reason should an operator intend to discharge a resident. The Standards & Procedures allow the resident to exercise their rights toraise concerns or recommend changes in policies, and services without fear of interference, coercion, discrimination or reprisal.
Noted are the relevant sections below.
Nursing Home Act - Current
Discharge of resident
17(1) If for any reason an operator intends to discharge a resident, the operator shall give at least 15 days’ notice of that intention to the resident and to his or her next of kin or legal representative unless the operator believes, on reasonable grounds, that the immediate discharge of the resident to the custody of another person is necessary for the safety of the resident or of other residents or staff.
Standards & Procedures - Current
6.1.8 Every Resident is allowed to exercise the rights of a citizen and raise concerns or recommend changes in policies, and services on behalf of himself or herself or others to the Facilities Staff, Government Officials or any other person inside or outside the home, without fear of interference, coercion, discrimination or reprisal.
The provincial government needs to redraft the Long Term Care eviction policy. It is long over due, it is not acceptable to hear reports of seniors being evicted and treated differently just because they are experiencing different moods and different habits. You will appreciate families want what is best for their loved ones and it can be challenging at times for them. Communication is an important factor, finding solutions is best for the resident.
As noted in this link Senior's eviction from N.B. care home prompts reform call | CTV News government had committed to reviewing its care home policy and considering adding a clause that requires homes to have just cause before issuing evictions. We strongly recommend that the Coalition recommendation as noted below be seriously considered.
Recommendation:
Eviction Notice Resident Care/ Communication
Long Term Care facilities have a legal obligation to meet the care needs of residents unless they can prove just causethat they are not able to meet their needs such as hospital care. Residents are allowed to exercise their rights as citizens and raise concerns or recommend changes in policies, and services on behalf of himself or herself or others to the Facilities Staff, Government Officials or any other person inside or outside the home, without fear of interference, coercion, discrimination or reprisal.
Long Term Care facilities should be required to develop a resident committee that manages concerns of residents. Should the committee be unable to arrange a workable agreement between the resident, his or her next of Kin (Power of Attorney) and the operator, the resident is placed on a transfer list to a suitable alternative placement providing the resident agrees to that the new facility is of his or her choice. Should the operator believe for just cause that the discharge of the resident to the custody of another person is necessary for the safety of the resident or of other residents or staff notice of 15 days shall be given.
I look forward to the department addressing this concern. I await a favourable resolve.
Warm Regards,
Cecile Cassista,
Executive Director
Coaliton for Seniors and Nursing Home Residents’ Rights
http://coalitionnb.blogspot.com/
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@CassistaCecile
