Healthy Community Care Facilities Residential Care Orientation
OBJECTIVES To increase understanding about: When a licence is required The role and responsibilities of a Licensee/Applicant The role and responsibilities of Licensing Officers General Licensing process» Applications» Inspections» Investigations» Incident Reporting
Healthy Community Care Facilities The purpose of Interior Health s Healthy Community Care Facilities Program is to protect vulnerable individuals in licensed care facilities, and provide public assurance that established minimum standards for health, safety and well-being are maintained in licensed facilities.
The Legislation These are the laws, passed in the BC legislature, that apply to all licensed care facilities, anywhere in BC. The Act is the over-riding statute that applies to all Licensees, and the regulations set out the day to day minimum operating standards for care facilities.
The Legislation in Residential Care Licensing You are required to familiarize yourself with the legislation: Community Care and Assisted Living Act Residential Care Regulation
Licensing/Applicant Link The relationship between a Licensing Officer and an Applicant/Licensee begins with the legislation. It is the common ground where the working relationship begins.
The BC Legislature Applicants Licensees CCALA (The Legislation) CCLR Licensing Officers
Public Assurance The intent of the legislation is to preserve and protect our society and to reflect the values that society currently holds about the way we care for our vulnerable children and adults. When it comes to the legislation, we are all ultimately working for the trust of the public; care providers, Licensing Officers and elected officials.
Duties of the MHO-Delegation Licensing Officers are formally delegated the powers and duties of the Medical Health Officer. This is why you will not find the words Licensing Officer in the legislation as each LO is delegated by the MHO to carry out their work.
Duties of the Medical Health Officer (Licensing Officers) CCALA (a) investigate every application for a licence to operate a community care facility or any other matter relevant to the application, (b) investigate every complaint that (i) an unlicensed community care facility is being operated, or (ii) a community care facility is being operated that does not fully comply with this Act, the regulations or the terms or conditions of its licence, (c) carry out inspections of any community care facility that is being operated,
Standards to be Maintained (CCALA) (1) A licensee must do all of the following: (a) employ at a community care facility only persons of good character who meet the standards for employees specified in the regulations; (b) operate the community care facility in a manner that will promote the health, safety and dignity of persons in care; (c) display the licence in the prescribed manner; (d) appoint a manager for the community care facility.
Applications community care facility means a premises or part of a premises (a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, CCALA- Definitions
Types of Licensed Residential Care Hospice-residential care and short-term palliative services for persons in care at the end of their lives Mental Health and Substance Use-residential care for persons who are in care primarily due to a mental disorder, substance dependence or both Long Term Care- residential care for persons with chronic or progressive conditions, primarily due to the aging process
Types of Licensed Care Con t Community Living- residential care for persons with developmental disabilities; Acquired Injury- residential care for Acquired Injury- residential care for persons whose physical, intellectual and cognitive abilities are limited primarily due to an injury, including persons suffering from brain injuries or injuries sustained in accidents.
Types of Licensed Child Care Con t Child and Youth Residential- a program that provides residential care to children and youth.
What s involved in applying for a Community Care licence? Residential Care Regulation Schedule B Suitability of Licensee/Manager Physical Premises Program and Administration
The Licensee s Role To be familiar with and maintain compliance with the Community Care and Assisted Living Act and the Residential Care Regulation To operate within the terms of the licence issued Specific person (or legal entity i.e. a society) Specific location Specific service type(s) Maximum capacity
The Licensee s Role Con t To notify Licensing of any intended changes to your program i.e. Change in service type Change in capacity Changes to physical premises And more Some changes require approval prior to implementing
The Licensee s Role Con t To implement quality improvement review processes in order to ensure the health, safety and dignity of persons in care To demonstrate how compliance with legislation is being maintained at all times To be prepared to handle illness and emergencies in an appropriate manner
Licensing Officers Role To provide information regarding the Community Care and Assisted Living Act and the Residential Care Regulation To assess and monitor that Licensees meet the minimum standards for operating legally and safely To document inspection and investigation findings, noting contraventions and timelines for corrections To apply and enforce the requirements of the Community Care and Assisted Living Act and the Residential Care Regulation in a professional, fair and evidence-based manner To protect and balance the rights of all parties affected by Licensing activity and requirements
Licensing Officer Role To monitor and assess the level of compliance in order to provide reassurance to the public that standards are being maintained. To make statutory decisions that are based in the legislation- to issue or deny a licence, to suspend or cancel or attach terms and conditions to a licence, and to grant or deny exemptions. To make discretionary, ethical, impartial decisions To show fairness and reasonableness in their thinking and process, and document or record any evidence.
Licensing Officer Role Licensing Officers want to see positive outcomes and see Licensees taking responsibility for their operations Licensing Officers need to guard against directing Licensees about what they need to do. This is not in keeping with the outcome based spirit of the legislation.
Inspections Facility is open for inspection at all times Routine Inspection will occur unannounced at least once a year Operational, administrative and care requirements will be reviewed Each inspection will result in an inspection report The report will include references to the legislation if contraventions are identified The report will be reviewed with you and you will be asked to sign it.
Inspections If there are contraventions noted, you will be asked how and when they will be corrected. Corrections must be submitted in writing to Licensing.
Compliance and Contravention Compliance is observing and applying the official requirements of the Community Care and Assisted Living Act and the Residential Care Regulation. Contravention (or non-compliance) is operating below the requirements of the Community Care and Assisted Living Act and the Residential Care Regulation potentially jeopardizing the health, safety and dignity of persons in care
Progressive Compliance Where there are issues of on-going non-compliance over time additional measures are required. These include meeting with senior staff, reviewing the record of compliance and establishing a plan of corrective action.
Progressive Compliance If compliance is not achieved or maintained, then the Licensing Officer may take action on a licence. This could mean cancelling, suspending or attaching terms and conditions on a licence.
What if Someone Makes a Complaint? Complaints can be made to Licensing with concerns about care or conditions within the facility. Licensing Officers are required by legislation to investigate every complaint.
Complaints and Investigations When Licensing receives a complaint there is an intake. Information is gathered in order to determine the level of risk in relation to the health and safety and to establish next steps.
Complaints and Investigations When Licensing receives a complaint there is an intake. Information is gathered in order to determine the level of risk in relation to the health and safety and to establish next steps.
Investigations Licensee or Manager is notified, usually at an unscheduled inspection A health and safety plan is typically requested and will be reviewed by the Licensing Officer once received The information gathering phase begins which may include reviewing records, conducting interviews etc.
Complaints and Investigations Licensing will make a determination based on the information gathered which may or may not be conclusive. If contraventions are identified, this will be reviewed with the Licensee in the form of a written report.
Incident Reporting Incidents defined in Schedule D of the Residential Care Regulation must be reported to Licensing immediately. In addition, a record must be kept of nonreportable incidents.
Incident Reporting Allegations or suspicions of abuse are serious and need to be handled appropriately. Concerns of abuse may also need to be reported to other agencies including the Police Agency.
Conclusion The intent of the legislation for licensed care facilities is to protect the health, safety and dignity of persons in care. Achieving and maintaining compliance with these minimum standards results in reducing risk to vulnerable people.
Questions? Should you have any questions regarding this orientation or any other Licensing matter please contact the licensing program; contact information is available on the Community Care Licensing website