Regulations in continuing care may articulate:
Who is permitted to operate a care home, and what licensing and operating requirements must be met.
Who is responsibility for compliance monitoring and auditing, and to which standards.
Which current standards and policies the operator is obliged to meet, and the parameters and requirements of reportable incidents.
Minimum levels of staffing, staff qualifications, hours of care, and other quality assurance provisions.
Who is eligible to receive services in a publicly funded care home.
What services must (mandatory) and may (optional) be provided by the operator.
Who pays for what (public funding versus operator versus resident) and how much can be charged.
How the needs and preferences of residents (individually and collectively) will be factored into care home operations.
How to handle complaints, disputes, and appeals.
Ministerial authority to direct or intervene when necessary.
Why staying current on changes is important
Outdated regulations can create confusion and ambiguity — and can even render an operator non-compliant even when they’re following best practice.
For example, the Nursing Homes Operation Regulation is very specific in prescribing the permissible professional staff within a care home. A key position noted in the regulation is a Certified General Nurse (a position that is essentially non-existent today). The regulation pre-dates new provider groups such as nurse practitioners and licensed practical nurses, so these essential professionals aren’t even mentioned. And there is no reference to health care aides – a newer category of staff that provides up to 80% of the direct care delivery in today’s care homes.
When regulations aren’t kept current, operators are accountable to work with a care team composition that no longer exists today. Of course operators simply rely on newer standards and policies to guide their operational decisions, but current and relevant regulations go a long way to ensure there is no confusion about the standards operators are expected to meet.
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