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4th Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 201

THE HEALTH SERVICES INSURANCE AMENDMENT ACT (PERSONAL CARE HOME STAFFING GUIDELINES)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H35 amended

1           The Health Services Insurance Act is amended by this Act.

2           The following is added after section 3:

Staffing guidelines for personal care homes

3.1(1)      The minister must exercise the power in clause 3(2)(c) to ensure that the following are not less than the standards specified in the Personal Care Home Staffing Guidelines, as issued by the government in 2007:

(a) the standard for the number of paid hours of care, as determined on a per resident per day basis, that is to be provided for an insured person who is a resident of a personal care home;

(b) the standard for the percentage of care under clause (a) that is to be provided by registered nurses, registered psychiatric nurses and licensed practical nurses.

Conflict

3.1(2)      A regulation, standard or guideline that is inconsistent with the standards required under subsection (1) is of no effect to the extent of the inconsistency.

Standard not a regulation

3.1(3)      A standard required under this section is not a regulation within the meaning of The Statutes and Regulations Act.

Operator's compliance reporting

3.2(1)      The operator of a personal care home must report at least annually to the minister on their compliance with the standards under section 3.1. The report must be provided to the minister in the form and manner, and within the time, specified by the minister and must list separately each occasion on which the operator failed to comply with the requirements.

Compliance reports to be included in annual report

3.2(2)      The minister must compile the reports received under subsection (1) and include the results in the minister's annual report tabled in the Assembly under subsection 6(2).

Reporting re standards in 2020 and after

3.2(3)      In the minister's annual report for 2020 and each year after that, the minister must report on

(a) any increase in the standard set out in clause 3.1(1)(a) from the previous year; and

(b) if that standard is not at least four hours per resident per day, the reasons for failing to increase the standard to that level.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

Currently, under provincial guidelines, personal care homes must provide each resident with 3.6 paid hours of care each day. Depending on the number of residents, up to 35% of the care must be provided by nursing professionals.

This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards of care set out in the guidelines are maintained.

Personal care homes and the minister must report annually about compliance with the standards of care in the guidelines.