ASSOCIATION OF SENIOR LIVING INDIA CODE OF PRACTICE

Transcription

1 ASSOCIATION OF SENIOR LIVING INDIA CODE OF PRACTICE DRAFT FOR DISCUSSION PURPOSES ONLY (Prepred y Mr. Mnsoor Dll y dpting from code of Prctice of RVA NZ nd modified to suit our requirements) PART I GENERAL INFORMATION LEGAL STATUS PART II POLICIES & PROCEDURES INDUCTION PROCESS PART III OCCUPATION RIGHT AGREEMENT A] STAFF B] SAFETY & PERSONAL SECURITY OF RESIDENTS C] FIRE PROTECTION & EMERGENCY MANAGEMENT D] RESIDENTS COMMITTEE E ] COMPLAINTS FACILITY F ] MAINTENANCE & UPGRADING G] INSURANCE POLICY H] TERMINATION OF OCCUPATION RIGHT AGREEMENT BY OPERATOR OR RESIDENT I ] COMMUNICATION PART IV OTHER USEFUL INFORMATION

2 PART I GENERAL INFORMATION * This Code of Prctice is clled the Assocition of Senior Living Indi Code of Prctice. * The Code of Prctice is self-defined ct. * The Code of Prctice comes into force w.e.f * The Code of Prctice my e chnged from time to time. * This Code of Prctice is written for people who own, mnge, oversee, or live (or intend to live) in senior housing, in prticulr: ) The owner. ) The Opertor. ) The residents nd intending residents. c) Mngers or supervisors of such fcilities. * The purpose of this Code of Prctice is to set out the minimum requirements tht opertors of senior housing must crry out, or mke sure re crried out, to meet their oligtions under the Rules & Regultions frmed y ASLI. * The Code of Prctice is lid out in four prts. Prt 1 covers generl informtion out the Code of Prctice, including its legl sttus. Prt 2 covers generl requirements for policies, procedures, notices, nd induction processes referred to in ech of the topics in Prt 3. c Prt 3 covers the minimum requirements to e given effect to in ny occuption right greement in reltion to the following : Stff Sfety nd personl security of residents. Fire protection nd emergency mngement. Residents Committee. Complints fcility. Mintennce nd upgrding. Insurnce Policy Termintion of occuption right greement y opertor or resident. Communiction. d Prt 4 sets out informtion tht opertors or residents nd intending residents might find useful in reltion to the Code of Prctice. This informtion includes: Relevnt extrcts from the Rules & Regultions frmed y ASLI Informtion guidelines on the opertor or resident mentioning the contct detils of the opertor s contct person, nd the sttutory supervisor (if there is one). LEGAL STATUS * This Code of Prctice is qusi-legl document. Every opertor of ASLI must endevor to meet the requirements set out in this Code of Prctice. * The Code of Prctice is enforcele s contrct y resident nd previls over ny less fvorle provision in the resident s occuption right greement.

3 * The Code of Prctice must e given effect to in ny occuption right greement offered to resident. * The opertor must mke copy of the Code of Prctice ville to every resident nd intending resident on request. * A resident cn give dispute notice for rech of the Code of Prctice. * The opertor must provide every intending resident with copy of the Code of Prctice long with the disclosure sttement, occuption right greement, nd Code of Residents Rights efore the intending resident enters into n occuption right greement. If the Code of Prctice is not yet in force the opertor must stte in writing when it comes into force. * A disclosure sttement must include the following: All prescried detils of ny exemption from the requirement to comply with ny provision of the Code of Prctice.

4 PART II POLICIES & PROCEDURES * The opertor must hve, mintin, nd implement written polices nd procedures for ll the requirements of this Code of Prctice. The policies nd procedures must: meet ll relevnt legl requirements nd the requirements of this Code of Prctice e written in wy tht residents cn understnd c e ccessile to residents. * The opertor must: inform residents nd intending residents out the policies nd procedures inform residents nd intending residents out how the opertor meets the requirements of the Code of Prctice c give residents nd intending residents copy of the policies nd procedures, on request. * The opertor must regulrly monitor nd review policies nd procedures to mke sure they re still effective nd pproprite. * The opertor must inform ll residents in writing efore chnging ny policies, procedures, nd systems in wy tht will, or my, hve mteril impct on residents occupncy or their ility to py for services nd fcilities. Sfety nd personl security policy : * The opertor must hve, mintin, nd implement written policy tht: sets out how their own stff codes of conduct, nd ny mngement prctices for the senior living nd the physicl environment (the grounds, fcilities, common res nd residentil units) help mintin nd enhnce ll residents sfety nd security. * The opertor must provide written copy of the sfety nd personl security policy to residents nd intending residents on request. Exmples of sfety mesures include:. grdients nd surfces;. door nd ccess widths; c. stirs, lifts nd rilings; d. communiction ids to mke the everydy environment more mngele; e. heights nd loction of work surfces, pplinces, cupords, light switches, power points, telephones nd cll points. f. Opertion of Fire lrm nd pnic uttons. Exmples of security mesures include:. fencing,. security ptrols, c. lighting, lrms,

5 d. locks, nd door / window fittings. Exmples of mngement prctices include:. plns, policies nd procedures;. stff rtios, qulifictions nd trining; c. systems for identifying nd eliminting or minimizing risks nd hzrds; d. checking nd Mintennce of ll equipment; e. regulr contct nd communiction with residents nd their right to e treted with courtesy; f. reporting to the residents nd the sttutory supervisor (if there is one); g. ddressing issues rised y, or on ehlf of, residents; h. reviews of mngement prctices. Sfety nd security processes, procedures nd systems : * The opertor must hve, mintin, nd implement the following processes. These re imed t mintining nd enhncing the sfety nd personl security of residents of the senior living. policy tht provides for the sfety nd personl security of residents procedure for reviewing the sfety nd personl security of residents c procedure for responding to ll sfety nd personl security needs of residents nd others d procedure for security if no stff memers re present INDUCTION PROCESS * The opertor must hve, mintin, nd implement n induction process to inform residents out this Code of Prctice. * If the opertor hs to give notice to resident in ccordnce with this Code of Prctice, the notice must e in writing. If the resident hs representtive then the notice must e sent to the representtive. * An opertor must inform residents out the circumstnces under which the opertor hs the right to enter resident s residentil unit nd the mount of notice which the resident will receive in ech cse. Circumstnces my include: Emergencies, instlling, checking nd mintining smoke lrms or specified systems crrying out minor repirs nd mintennce or refurishing or upgrding the residentil unit. * Notice my e wived in cses of emergencies. However, in ll other cses the notice period must e resonle nd tke into ccount the: mount of time tht the opertor will require ccess to the unit, level of disruption to the resident s use of the unit during tht ccess. * During this process residents hve the right to e treted with courtesy nd hve their rights respected.

6 PART III OCCUPATION RIGHT AGREEMENT * The occuption right greement for residentil unit tht is owned y n opertor must: provide tht, except in certin specified circumstnces (if ny), if the unit is dmged or destroyed the opertor must fully repir or replce it s soon s prcticle stte the circumstnces (if ny) when unit tht is dmged or destroyed my not e fully repired or replced c stte the procedure to e followed if the unit is not to e fully repired or replced if it is dmged or destroyed. * The opertor must inform residents in the occuption right greement whether they will provide temporry ccommodtion or fcilities while residentil unit or fcility is eing repired or replced fter n insured event. * If n occuption right greement llows resident to trnsfer from n independent self-cre residentil unit to unit in the senior housing where higher level of cre will e provided, it must set out the terms of trnsfer. The terms of trnsfer must include, ut need not e limited to, the following: the circumstnces under which the trnsfer my e initited nd y whom whether residents hve priority over outside pplicnts c whether the trnsfer depends on: i suitle residentil unit eing ville ii suitle cre eing ville iii the resident eing ssessed s suitle for the ville cre d tht residents ffected hve the right to: i e given informtion on ll ville options ii hve n independent ssessment (including needs ssessment) iii e consulted, long with their fmily or representtive. * The occuption right greement must set out the finncil nd other rrngements tht pply if resident trnsfers from n independent self-cre residentil unit to unit in the senior housing where higher level of cre will e provided. These include: ny chnges in chrges to the resident s result of the trnsfer other rrngements for the trnsfer, such s the physicl trnsfer of the residents nd their personl elongings c ny other costs incurred y the trnsfer, nd who is responsile for those costs. A] STAFF * If the orgniztion hs stff, whether pid or unpid, the opertor must hve, mintin nd implement written policies, processes, nd procedures for stff selection, trining, nd ongoing supervision. * The opertor s policy nd procedures for stff must set out the: pproprite qulifictions needed for stff employed for specific positions ppointment process for stff without pproprite qulifictions, if the potentil stff memer cn demonstrte pproprite work experience

7 c d ppointment process for stff without pproprite qulifictions nd experience, if the potentil stff memer demonstrtes willingness to undertke the pproprite trining nd is willing to e supervised s required requirement for recognised first id qulifiction for prticulr positions. * The opertor must hve n induction process to fmilirise stff with this Code of Prctice, their own stff codes of conduct, nd ny mngement prctices nd wht it covers. All stff must complete this process. * All stff will crry identifiction while on duty so residents cn check their identity. The opertor must inform residents nd intending residents out stff employed which includes: roles relevnt qulifictions (for exmple, first id, nursing, lnguges known) nd experience c specific qulifictions or trining relting to residents with prticulr needs (for exmple, strokes, dementi-relted conditions) d skills in communicting with residents with limited ility to communicte (for exmple, sign lnguge, speech therpy) e skills in communicting with residents who spek lnguges other thn English if stff re on site nd, if so, when they re t the senior housing. * Stff should e ppropritely qulified nd experienced for their role nd the responsiilities to e crried out. The opertor must: use n pproprite process to select stff tke resonle steps to mke sure tht new stff memer is suitle for the position for the senior living c check prospective stff memer s references nd pst employment. * The opertor must provide ongoing trining nd ongoing supervision to mke sure stff competence is chieved nd mintined. * If stff memer does not meet the requirements for the role they re employed in, they my still e employed y the opertor. However, the stff memer must: e supervised y suitly qulified nd experienced stff memer tke prt in trining to meet the requirements for the role. B] SAFETY &PERSONAL SECURITY OF RESIDENTS * The opertor must hve mesures nd systems in plce to protect the residentil units, fcilities nd indoor res in the senior housing from fire. * The opertor must mke sure tht every residentil unit, fcility nd indoor re in the senior housing is fitted with smoke lrms in mnner tht meets the requirements of the Building Code. * The opertor must supply, instll nd mintin smoke lrms, nd: check the working order of interconnected smoke detection systems greed with the uilding pprovl uthority or locl PWD, s requirement of the complince schedule (opertors cn set out in the complince schedule the testing period)

8 check the working order of other smoke lrms in ccordnce with the mnufcturer s guidelines * The opertor must hve n evcution scheme or procedure in plce for the sfe, prompt nd efficient evcution of the occupnts from the scene of fire or other emergency, s required y the relevnt Fire Regultions of the stte or Municipl council. The opertor must mke sure tht: stff re trined nd wre of their responsiilities for operting the evcution scheme c there re regulr fire nd evcution drills written record is mde of ech fire nd evcution drill nd these records re kept t the senior housing. * The opertor must: give written copy of the evcution scheme or procedure to residents nd intending residents on request give written copy of the fire nd evcution drill records to residents nd intending residents on request c regulrly check nd review the evcution scheme or procedure. * The opertor must hve, mintin nd implement written policy setting out how emergencies in the senior housing re delt with. This policy should e provided to residents nd intending residents on request. Emergencies covered should include: fire, erthqukes, floods, medicl emergencies, dmge to units or fcilities nd security issues. The policy must include the following detils: c d written instructions for residents on the emergency procedure the emergency procedure for the senior housing shll e prcticed nd recorded t lest every six months or more often if required who responds in n emergency nd how they re qulified to mnge n emergency sitution expected response time C] FIRE PROTECTION & EMERGENCY MANAGEMENT * The opertor must hve, mintin, nd implement written policy for fire protection nd emergency mngement tht sets out nd meets the requirements of this Code of Prctice nd ll pplicle sttutory requirements. * The opertor must give copy of the fire protection nd emergency mngement policy written in n esily redle formt to residents nd intending residents on request. * The opertor must clerly instruct ll residents nd stff in the senior housing s fire protection nd emergency mngement policy nd ssocited systems nd procedures. All stff must e fmilir with nd prticipte in this process. * The opertor s fire protection nd emergency mngement policy must set out how it provides ccess to, from, nd within uildings for people with disilities. * The opertor must provide these detils in writing to residents nd intending residents on request.

9 D] RESIDENT S COMMITTEE * Residents hve the right to form residents committee nd gree their own rules for running the committee. These committee re for only culturl nd socil events nd not for prticipting or running the Commune. E] COMPLAINTS FACILITY * The opertor must ensure tht the resident who hs mde complint is regulrly kept informed out its progress. * The opertor must follow the senior housing s complints procedure. * Opertors my offer residents medition service for informl discussions s first step to resolving the complint. * If complint is out the resident s occuption right greement, ny proposed ction on the suject of the complint must e suspended until the complint is resolved. This is unless the opertor, fter consulting the Commune Mnger, decides tht it is in the est interests of the senior housing s community to continue with the proposed ction. * If complint is resolved y mutul greement, the resolution must e recorded nd then signed y, nd copied to, ll prties. * The opertor must hve procedure for deciding complints where resolution through the senior housing s complints system is not possile. F] MAINTENANCE &UPGRADING * The opertor must mintin ll uildings, plnt, nd equipment in clen nd sfe working order, suitle for their intended use. * The opertor must hve, mintin, nd implement procedure tht ensures requests from residents for minor repirs, mintennce, nd emergency repirs of senior housing property re ttended to without unnecessry dely. * In prticulr, the opertor must: reply to ll non-urgent mintennce requests nd give residents n expected timefrme for the mintennce to e done tell residents in writing the nme nd contct detils of person to contct out minor repirs nd mintennce requests (this my e the senior housing opertor, mnger, or other employee of the senior housing) c hve, mintin, nd implement process for responding to urgent requests for emergency mintennce of senior housing property. * Where possile, opertors or the person deling with mintennce request should tell the resident the nme of the compny tht is doing the work. The contrctor representing this compny should e encourged to crry officil identifiction confirming their right to enter the premises. * The opertor must periodiclly review mintennce greements for senior housing property.

10 * The opertor must consult ll residents in writing if the proposl for funding the costs of mintennce nd periodic upgrding will, or my, hve mteril impct on residents occupncy or their ility to py for services nd fcilities in the senior housing. * If the opertor requires residents to contriute to the funding of long-term mintennce nd replcement of senior housing property G] INSURANCE POLICY * The opertor must tke out nd keep in force comprehensive insurnce policy, or must ensure tht policy is tken out nd kept in force. The policy must cover ccidentl physicl loss or dmge to senior housing property, including residentil units tht re owned y residents. The policy must e for full replcement of the unit. * Where opertors re responsile for the insurnce, they my include usiness interruption insurnce, temporry ccommodtion insurnce, nd dequte liility insurnces must inform the resident wht cover is provided in circumstnces where the opertor is unle to otin full reinsttement insurnce. * Insurnce policies must stte the: responsiilities nd liilities ech of the opertor, residents, nd Mnger s the insured prties ny exclusions of insurnce cover for the insurnce policy. * The opertor s insurnce policies must: e cler out the opertor s nd the resident s responsiilities for insuring the contents of the residentil unit. e ville for residents to view on request. H] TERMINATION OF OCCUPATION RIGHT AGREEMENT * A resident must e entitled to terminte their occuption right greement for ny reson nd t ny time. The resident must give the period of notice specified in the occuption right greement. If no notice period is specified the resident must give the opertor t lest one month s notice in writing. * The opertor nd resident my gree to terminte the occuption right greement if the resident s unit or the senior housing is destroyed or dmged eyond repir in specified circumstnces set out in the occuption right greement. For exmple, it my e tht repir or reinsttement of the unit is not prcticle ecuse of the extent of the dmge or destruction nd ecuse: the necessry uilding consents cnnot e otined, or the insurnce money needed to repir or replce the unit cnnot e otined or is not enough to replce the property dmged or destroyed. * The opertor must consult the resident to decide whether it is prcticle to repir or replce the unit. * An occuption right greement my give the opertor the right to terminte the greement on the grounds set out in this cluse.

11 * An occuption right greement is utomticlly terminted when the resident dies. If the occuption right greement pplies to more thn one nmed resident, the greement is terminted when the lst surviving resident dies. * A resident s occuption right greement my permit the opertor to terminte the greement if medicl prctitioner, fter ssessing the resident, certifies tht the resident s physicl or mentl helth is such tht the resident or other residents cnnot live sfely in their units. The following conditions pply to this right of termintion: the medicl prctitioner, who in the first instnce should e the resident s regulr medicl prctitioner or otherwise my e nother medicl prctitioner ppointed y the opertor, must e independent of the opertor the ssessment y the medicl prctitioner must tke into ccount the cre, support, nd fcilities offered in the housing, including the opportunity to trnsfer to higher level of cre support services tht could e rought in from outside the senior housing to support the resident to remin in their unit c the resident (or support person or holder of n Enduring Power of Attorney holder) my, s prt of eing consulted on the proposed termintion, otin second medicl opinion nd present it to the opertor. * The opertor my hve grounds for termintion of resident s occuption right greement if the resident hs mterilly reched the greement. The following conditions pply to this right of termintion: c the opertor must hve notified the resident in writing of the opertor s intention to terminte the occuption right greement unless the rech is remedied the opertor must hve given the resident resonle time, not less thn one month, to remedy the rech the opertor must hve tken into ccount the nture nd extent of the rech in determining the time given for the resident to provide remedy d the resident must hve filed to remedy the rech in the time given. * The opertor my hve grounds for termintion of resident s occuption right greement on the grounds of ndonment. The following conditions pply to this right of termintion: the opertor must hve mde resonle enquiries nd determined tht the resident hs permnently ndoned the residentil unit the opertor must hve notified the resident in writing of its intention to terminte the occuption right greement unless the resident reoccupies the residentil unit c the resident must hve filed to reoccupy the unit in the time given. * The opertor my hve grounds for termintion of resident s occuption right greement if the resident, intentionlly or recklessly, hs cused or llowed or is highly likely to cuse or llow: serious dmge to the residentil unit or fcilities, or dmge which hs ecome serious ecuse it continues

12 serious injury, hrm, or distress to the opertor or nother resident, or to n employee or guest of the opertor or the resident * The following conditions pply to this right of termintion: the opertor must hve notified the resident of its intention to terminte the occuption right greement unless the dmge, injury, hrm, or distress is remedied in specified time tht is resonle under the circumstnces. The opertor must hve tken into ccount the nture nd extent of the dmge, injury, or hrm in determining the time given for the resident to provide remedy. the resident must hve filed to remedy the dmge, injury, hrm, or distress in the time given. * The opertor must comply with the following process efore exercising ny right to terminte n occuption right greement. * If the occuption right greement gives the opertor the right to terminte the greement, the opertor must issue notice of intention to terminte tht includes the following informtion: c d e f g the dte the notice ws issued the specific terms nd conditions in the occuption right greement nd this Code of Prctice which must e complied with to terminte the resident s occuption right greement, the proposed grounds for termintion, nd how they pply to the resident s ctions the process nd the timefrmes involved, such s periods to remedy or the dispute resolution process tht the resident hs the right to informtion out ny mtters ffecting, or likely to ffect, the terms or conditions of their residency tht the resident hs the right to refer ny dispute to disputes pnel tht the resident hs the right to involve support person or people to represent them tht the resident, or their representtive, hs the right to e consulted. This includes the resident or their representtive hving the right to mke representtions nd hve those representtions tken into ccount y the opertor. * If the opertor hs complied with ll the necessry cluses nd still wishes to terminte the occuption right greement, the opertor must issue the resident written notice of termintion. The termintion notice must stte the following: c d e f dte issued grounds for termintion specific terms nd conditions in the occuption right greement nd this Code of Prctice tht entitles the opertor to terminte the resident s occuption right greement the right of the resident to give dispute notice tht the opertor my suspend the ction if the resident hs complint out decision in reltion to the occuption right greement. the period of notice.

13 * If the opertor termintes resident s occuption right greement the opertor must, within five working dys of the dte on which the termintion tkes effect, py ll sums due to the resident. * Opertor s process for exercising the right to terminte the occuption right greement: This cluse only pplies to occuption right greements where the opertor hs the responsiility for the sle of the residentil unit. If n occuption right greement entered into fter certin period sys tht the resident must py or contriute to the costs of refurishing their residentil unit fter termintion, the refurishment process must e set out clerly in the greement. The refurishment process must: i set out the terms of the opertor s right to enter the residentil unit to do the work ii identify how the cost will e divided etween the opertor nd iii the resident set out the rights (including consulttion) nd oligtions of the former resident (or the estte of the former resident, or the holder of n Enduring Power of Attorney for Property) in the refurishment process. * Pyments due to the resident on termintion or end of occuption Chrges for personl services: The opertor must stop chrging resident for personl services on the dte the resident stops living permnently in the residentil unit. Fixed deductions : Fixed deduction is lso known s fcilities fee or deferred mngement fee. The fixed deduction must not ccrue pst the dte on which the resident is pid the mount pyle to them on termintion of the greement. Detils of fixed deductions must e set out in the disclosure sttement. Pyment fter sle or disposl of the residentil unit y the opertor * If n occuption right greement llows the opertor to sell or dispose of the former resident s unit, the opertor must py ll money owing to the former resident no lter thn five working dys fter the dte the opertor receives pyment in full from the new resident. I] COMMUNICATION * Communicting with residents for whom English is second lnguge If resident is not le to esily communicte in English, the opertor must t ll times when the rights nd oligtions of the resident my e ffected use n interpreter who is fluent in oth English nd the resident s preferred lnguge. The opertor must not chrge the resident for the cost, if ny, of the interpreter. * Communicting with residents with limited ility to communicte If the opertor is wre tht resident or intending resident hs limited ility to communicte the opertor must t ny time when

14 the rights nd oligtions of the resident my e ffected inform the resident of their right to use support person or representtion. Communiction policies, systems nd procedures * The opertor must hve, mintin nd implement written policies nd procedures for communicting with residents or intending residents. The opertor cnnot pss on to resident the cost of meeting this requirement. * The opertor s policy must cover how the physicl environment nd mngement prctices t the senior housing mke it possile nd esy to communicte with ll residents. Exmples include: lrge print in written mterils signs nd communiction ids tht residents cn see, her, or touch to mke communiction more mngele c trnsltions in lnguges other thn English d lterntive wys of communicting (udio, video, electronic text, Brille) e stff communiction skills f vilility of n interpreter. * The opertor must set up system for informl, regulr communiction with the residents, for exmple newsletters nd notice ords. * The opertor or stff memer my provide support, if pproprite, ut my not ct s representtive of the resident.

15 PART IV OTHER USEFUL INFORMATION * Ech resident or intending resident of senior housing hs the right to e promptly informed y the opertor out ny mtter tht would or might hve mteril impct on () the occupncy right, or rights to quiet enjoyment, of the resident or intending resident; or () the chrges levied on the resident or intending resident for his or her occupncy right, or right to services nd fcilities, within the senior housing.