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New standard needed to recognize more rights of long-term care residents, geriatrician says

New report advocates that nursing home residents have the right to live with reasonable risks and not be shut in their rooms

Groups promoting better standards for long-term care residents in Canada are saying that a new national standard for citizens in long-term care (LTC) homes would recognize the rights of people to live with risks.

This would include such things as having the right not to be isolated in one's room, the right to have visitors, and the right to leave the home and come back.

Some of the issues were outlined in an online technical briefing Tuesday held in advance of the formal release of two new reports from the Health Standards Organization (HSO) and the Canadian Standards Organization (CSA) which is happening on Jan. 27. 

One of the key speakers at the online event was Dr. Samir Sinha, director of geriatrics at Sinai Health and University Health Network in Toronto. He is the chair of HSO's National Long-term Care Services Technical Committee.

Dr. Sinha spoke at length about several of the issues that have come about following public hearings, surveys and meetings held throughout 2021 to get input from LTC residents, family members, LTC staff, administrators and policy makers. 

He said the pandemic has made the issues come forward. Most recently, said Sinha, there are roughly 2,000 LTC and retirement homes across Canada experiencing COVID-19 outbreaks.

"This has resulted in an unprecedented number of residents, for example, who have had to be isolated in their own rooms. And we're now facing yet another lockdown in their own homes, another period of prolonged isolation, and we know the devastating impacts that can have," said Sinha. 

He said many LTC residents believe their mental wellness is seriously challenged by lockdowns and isolation orders. Sinha added that under Ontario's Long-Term Care Homes Act, the resident has a right to have visitors along with several other rights outlined in the act. He said it was a constant complaint from residents, and family members, across the country

"And to take away that right, for example, you know you can't just have a medical order directive that actually violates a resident's rights," said Sinha.

"There's also the right to actually leave your own home. Every Canadian has the right to leave their own home for I don't know, the legal term, if you will. But you know, kind of free passage in your community if you will, unless you're incarcerated. And a lot of these rights have been taken away," he said. 

Sinha added that the right to live with certain risk also means that home residents have to balance that with safety, for themselves and for other residents. This could apply in situations where residents have an infectious disease or dementia. 

Sinha said the important thing is that the rights of views of LTC residents must be respected. He used the example of a home in Alberta where residents last summer voted in favour of allowing visitors to come to their LTC home, despite the risk of COVID-19.  

The actual reports outlining new standards have been distributed to the media but are embargoed until Jan. 27. The reports do address the issue of risk and the need to respect the views of residents. Full details will be released on Thursday. 

Another key issue Sinha spoke about was recognizing the importance of frontline workers and LTC staff members  Sinha said the workers need to be better paid, more workers are needed to guarantee a minimum of four-hours of personal care per day per resident. 

Sinha said the focus of having new standards is that they will eventually be adopted across Canada and become enshrined in law.

"And I think, frankly, what we're hoping is by engaging the provinces and territories and the federal government, along this journey that we've been going through, we're hoping that influences their orientation, and then helps them in their thinking about new legislation, new guidelines, new new enforcement and accountability mechanisms, will see this as a well thought out," said Sinha. 


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Len Gillis, local journalism initiative reporter

About the Author: Len Gillis, local journalism initiative reporter

Len Gillis is a Local Journalism Initiative reporter at Sudbury.com covering health care in northeastern Ontario and the COVID-19 pandemic.
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