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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Canada: McGinty unveils elder abuse prevention legislation

The McGuinty government is enhancing the quality
of life for residents of long-term care homes by introducing new legislation
that, if passed, would strengthen enforcement and improve care and
accountability, Health and Long-Term Care Minister George Smitherman announced
today.

“The McGuinty government is working to ensure our families and loved ones
living in long-term care homes across Ontario are cared for safely and with
dignity,” Smitherman said. “In Ontario, the only acceptable standard of
long-term care is a high standard. This legislation would give families and
friends the confidence that residents have the best possible quality of life.”

    Highlights of the proposed Long-Term Care Homes Act, 2006, include:

    –  Promoting zero tolerance of abuse and neglect of long-term care home
       residents
    –  Whistle-blowing protections for staff, residents and volunteers who
       report abuse or neglect
    –  Enshrining in legislation that a registered nurse be on duty in the
       home 24 hours a day, seven days a week
    –  Restricting the use of restraints to limited circumstances where it is
       absolutely necessary and only with appropriate safeguards;
    –  Defining licence terms for long-term care homes of up to 25 years;
       licences can be revoked in cases of non-compliance.
    >>

“This is about improving the health and quality of life of people living
in long-term care homes,” said Monique Smith, Parliamentary Assistant to the
Minister of Health, who presented Commitment to Care: A Plan for Long-Term
Care in Ontario in May 2004. “There are 618 long-term care homes in Ontario
that are homes for our parents, grandparents, and other loved ones. They
deserve the best possible care.”

“We are pleased that the LTC legislation is finally being introduced,”
said Lois Dent, President of Concerned Friends of Ontario Citizens in Care
Facilities. “We recognize that a lot of hard work has gone into developing
this Act, a great deal of consultation took place, and it appears that the
result reflects a resident-centred approach.”

The Commitment to Care Report formed the basis for legislative change. In
the fall of 2004 the government released a discussion paper entitled Future
Directions for Legislation Governing Long-Term Care Homes. The paper was
distributed broadly across the province to stakeholders and more than 700
individuals and organizations responded to the paper in writing or through
public meetings held in various locations around the province. This input is
reflected in the proposed legislation.

Today’s announcement is just one example of how the McGuinty government
is on the side of Ontario families concerned about quality care in long-term
care homes.

Other Ministry of Health and Long-Term Care initiatives include:

–  Providing $118 million to improve home care and community support
       services
    –  Investing over $165 million for 21,897 additional hip and knee joint
       replacements as part of the Wait Time Strategy
    –  Putting together an integrated stroke care system that consists of
       nine regional stroke centres, 18 district stroke centres and 24 stroke
       prevention clinics

Today’s announcement is part of the McGuinty government’s plan for
innovation in public health care, building a system that delivers on three
priorities – keeping Ontarians healthy, reducing wait times and providing
better access to doctors and nurses.

This news release, along with other media materials, such as matte stories
and audio clips, on other subjects, are available on our website at:
http://www.health.gov.on.ca under the News Media section.

Read more on the legislation via the CNW Group.