5th Session, 42nd Legislature
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Bill 238
THE PERSONAL CARE HOME ACCOUNTABILITY ACT (VARIOUS ACTS AMENDED)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE HEALTH SERVICES INSURANCE ACT
1 The Health Services Insurance Act is amended by this Part.
2 The following is added after section 118.3:
118.3.1(1) A family council may be established at every personal care home.
118.3.1(2) The purposes of a family council are
(a) to provide a forum where issues that concern family members of personal care home residents can be discussed;
(b) to facilitate communication between family members and the operator of the personal care home;
(c) to provide a support network for family members and offer guidance for family members of new personal care home residents; and
(d) to carry out any other purposes prescribed in the regulations.
118.3.1(3) Subject to the regulations, a family council may consist of family members and any other persons that the family council considers appropriate, which may include
(a) one or more representatives of personal care home residents; and
(b) one or more representatives of the operator of the personal care home.
Operator to communicate re forming family council
118.3.1(4) If it appears to the operator of the personal care home that there is no functioning family council in place at the personal care home, the operator must, within 90 days after the coming into force of this section and at least annually after that,
(a) provide personal care home residents and their family members with information about the purposes of a family council and the manner in which one may be established; and
(b) convene a meeting with personal care home residents and their family members to canvass their interest in establishing a family council.
Operator to assist in forming family council
118.3.1(5) The operator of the personal care home must provide reasonable assistance in the establishment of a family council on the request of one or more personal care home residents or family members.
Operator to support family council
118.3.1(6) On the establishment of a family council, the operator of the personal care home must
(a) if requested by the council, provide personal care home residents and their family members with information and updates on the council on an ongoing basis;
(b) if requested by the council, ensure that notices of council meetings are posted in areas of the personal care home where the notices are likely to come to the attention of personal care home residents and their family members;
(c) provide reasonable assistance to the operation of the council, including by making space within the home available to the council for meetings;
(d) ensure that any concern raised by the council is addressed, including by way of an investigation if necessary, and that a response or a preliminary response is provided to the council at or before its next meeting; and
(e) provide an opportunity for the council to meet with the operator at least annually.
118.3.1(7) Subject to this Act and the regulations, a family council may determine its own structure and procedures.
118.3.1(8) For the purpose of this section, "family member" means
(a) a relative or friend of a personal care home resident who has a close personal relationship with the resident and is interested in ensuring the resident's well-being; and
(b) any other person that a personal care home resident designates as their family member for the purpose of this section.
3 The following is added after clause 118.5(1)(k):
(k.1) respecting the establishment and operation of family councils for personal care homes;
PART 2
THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY ACT
4 The Health System Governance and Accountability Act is amended by this Part.
5 The following is added after section 53.10:
PART 4.2
PUBLIC INFORMATION ON PERSONAL CARE HOMES
53.11 The following definitions apply in this Part.
"abuse" means
(a) in relation to a patient under The Protection for Persons in Care Act, abuse as defined in that Act; and
(b) in relation to a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act, abuse as defined in that Act. (« mauvais traitements »)
"critical incident" means a critical incident as defined in Part 4.1. (« incident critique »)
"direct care" means services and procedures provided, by or on behalf of a personal care home operator, directly to a personal care home resident to support the resident's health, safety or comfort. (« soins directs »)
"employment agency" means a temporary help agency, staffing agency or other entity contracted by a personal care home operator to provide personnel. (« agence de placement »)
"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice »)
"neglect" means
(a) in relation to a patient under The Protection for Persons in Care Act, neglect as defined in that Act; and
(b) in relation to a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act, neglect as defined in that Act. (« négligence »)
"personal care home operator" means the holder of a licence to operate a personal care home. (« responsable d'un foyer de soins personnels »)
Public reporting of critical incidents
53.12(1) The minister must publish on a government website a brief description of each critical incident that is found to have occurred at a personal care home on or after April 1, 2023, as reported to the minister under subsection 53.3(5) or 53.4(3).
53.12(2) A description published under subsection (1)
(a) must be published no later than 12 months after the end of the fiscal year in which the critical incident was reported to the minister;
(b) must identify the personal care home where the incident occurred; and
(c) must not contain any personal information or personal health information.
Public reporting of abuse and neglect
53.13(1) The minister must publish on a government website a brief description of each case of abuse or neglect that is found to have occurred at a personal care home on or after April 1, 2023, as reported to the minister under the following:
(a) subsection 7(1) or clause 9(2)(b) of The Protection for Persons in Care Act;
(b) subsection 25.4(1) of The Vulnerable Persons Living with a Mental Disability Act.
53.13(2) A description published under subsection (1)
(a) must be published no later than 12 months after the end of the fiscal year in which the abuse or neglect was reported to the minister;
(b) must identify the personal care home where the abuse or neglect occurred; and
(c) must not contain any personal information or personal health information.
53.13(3) In this section, "minister" means the member of the Executive Council appointed by the Lieutenant Governor in Council to administer The Protection for Persons in Care Act.
Public reporting of care information
53.14(1) Within six months after the end of each fiscal year, beginning with the 2023-2024 fiscal year, the minister must publish on a government website the following information in respect of each personal care home:
(a) the average number of hours of direct care per resident per day provided to residents at the personal care home for that fiscal year;
(b) of the hours published under clause (a)
(i) the proportion that were provided by personnel employed or engaged directly by the personal care home operator,
(ii) the proportion that were provided by personnel employed or engaged by employment agencies, and
(iii) the proportion that were provided by persons other than the personnel listed in subclauses (i) and (ii);
(c) in addition to the information published under subclause (b)(ii), a description of the use of employment agencies to provide direct care to personal care home residents during that fiscal year, if any.
53.14(2) A description published under clause (1)(c)
(a) must identify the employment agencies used to provide direct care at the personal care home; and
(b) must not contain any personal information or personal health information.
53.14(3) At the request of the minister, the personal care home operator must provide the minister with any information the minister may require in order to fulfill the minister's obligations under subsection (1), in the form and manner and at the time required by the minister.
PART 3
THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT
6 The Vulnerable Persons Living with a Mental Disability Act is amended by this Part.
7 The following is added after section 25.3:
Reporting abuse or neglect at personal care homes
25.4(1) If, after an investigation, the executive director believes that a vulnerable person was abused or neglected at a personal care home on or after April 1, 2023, the executive director must notify the minister responsible for the administration of The Protection for Persons in Care Act.
25.4(2) The notice provided under subsection (1) must include a brief description of the abuse or neglect and identify the personal care home where the abuse or neglect occurred.
Meaning of "personal care home"
25.4(3) In this section, "personal care home" has the same meaning as in The Health System Governance and Accountability Act.
PART 4
COMING INTO FORCE
8 This Act comes into force on the day it receives royal assent.