The federal government is currently seeking input from the public on upcoming legislation aimed at improving safety in long-term care, following the impact of the COVID-19 pandemic. As part of their campaign promises in the 2021 election, the Liberals pledged to introduce a Safe Long-Term Care Act after the widespread COVID-19 outbreaks highlighted the challenges faced by many care homes in providing adequate care to residents. This proposed legislation is also a requirement of the supply-and-confidence deal with the NDP, in which the New Democrats agreed to support the Liberals on key House of Commons votes until 2025 in exchange for progress on shared priorities.
While the office of Health Minister Jean-Yves Duclos has not disclosed a specific timeline for when the legislation will be tabled, it could potentially happen as early as this autumn. NDP has criticized the Liberals for their slow response in taking action, with Health critic Don Davies noting that for-profit care homes have had some of the poorest outcomes in the country. Davies stated that this was due to their focus on profit margins rather than providing quality care to seniors or ensuring favorable working conditions for employees. It is worth noting that these problematic conditions were well-known even before the COVID-19 pandemic.
Earlier this year, two expert panels in the field of long-term care developed new standards aimed at improving health, safety, and infection prevention in care homes. These standards, developed by the Health Standards Organization and CSA Group, prioritize resident-centered care, enhancements to workplace conditions, and better data collection and accountability regarding the quality and safety of care homes.
It remains unclear to what extent these standards will be incorporated into the new legislation or whether they will be enforced nationwide. However, the legislation is expected to at least “reflect” the new standards, as indicated by a government discussion paper. The paper aims to gather input from the public and suggests that the new act could incentivize provinces and territories to adopt the standards.
Long-term care falls within the jurisdiction of provinces and territories, similar to healthcare. Thus, the federal government’s role in shaping regulations for care homes is limited primarily to convening discussions among provinces and offering funding for specific initiatives. In the 2021 budget, the government announced its plan to share $3 billion with provinces and territories to improve conditions in long-term care. Additionally, the most recent budget set aside $1.7 billion over five years for wage increases for personal support workers, who are responsible for providing the majority of bedside care in most care homes.
The forthcoming legislation could include a federal framework and plan for long-term care, as well as improved data collection. For instance, the government is seeking feedback on what information should be included in a national public report on long-term care. To collect this feedback, the Health Department has launched an online questionnaire, which will be open for responses from long-term care residents, their families, and the public over the next two months. Department officials will also be conducting roundtable discussions with experts and collaborating with provinces and territories.
Health Minister Jean-Yves Duclos emphasized the importance of ensuring that all seniors can live with dignity, regardless of their location, and expressed the expectation for long-term care to be safe if it is required. He encouraged all Canadians to participate and share their thoughts during the public consultation period.
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