2nd Session, 42nd Legislature
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THE HEALTH SERVICES INSURANCE AMENDMENT ACT (PERSONAL CARE HOME 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:
The Health Services Insurance Act is amended by this Act.
Subsection 2(1) is amended by adding the following definitions:
"direct care" means services and procedures provided by staff of a personal care home directly to an insured person who resides in the personal care home to support the person's health, safety or comfort; (« soins directs »)
"paid care" means paid staff time for providing direct care and other time for which staff of a personal care home receive remuneration in the scope of their employment, and includes paid time in respect of vacation, sick leave, statutory holidays and professional development; (« soins rémunérés »)
The following is added after section 3:
Staffing guidelines for personal care homes
The minister must exercise the power in clause 3(2)(c) to ensure that
(a) standards are established for direct care that adequately provide for the health, safety and comfort of persons who reside in a personal care home; and
(b) standards for the staffing of personal care homes are established that are not less than those specified by the minister's department in the Personal Care Home Staffing Guidelines as it read on November 30, 2007, including
(i) the standards for the number of hours of paid care per resident of the personal care home, and
(ii) the standards for the percentage of paid care to be provided by registered nurses, registered psychiatric nurses and licensed practical nurses per resident of a personal care home.
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.
A standard required under this section is not a regulation within the meaning of The Statutes and Regulations Act.
Operator's reporting on direct care and paid care
The operator of a personal care home must report at least annually to the minister on the operator's compliance with the standards established under subsection 3.1(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 standards established under subsection 3.1(1).
Operator's reports to be included in annual report
The minister must compile the reports received under subsection (2) and include the results in the minister's annual report tabled in the Assembly under subsection 6(2).
Reporting re standards in 2021-2022 and after
In the minister's annual report for the 2021-2022 fiscal year and in each subsequent report, the minister must report on the average number of hours of direct care provided in personal care homes in the province and, if that number is not at least four hours per day for each insured person who resides in a personal care home, the minister must report on
(a) the reasons at least four hours of direct care was not provided; and
(b) how the care given adequately provided for the health, safety and comfort of the residents.
This Act comes into force on the day it receives royal assent.