Services for Older Persons Regulations, 2020

L.N. 36 of 2020

SOCIAL CARE STANDARDS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards for High Dependency Chronic Care

Services for Older Persons Regulations, 2020

IN EXERCISE of the powers conferred by article 30(5) of the

Social Care Standards Authority Act, the Minister for the Family,

Children’s Rights and Social Solidarity, has made the following

regulations

The title of these regulations is the Social Regulatory Citation.

Standards for High Dependency Chronic Care Services for Older

Persons Regulations, 2020.

(Regulation 2)

Standard 1: Residents’ Rights and Decision Making

Standard Statement

This Standard promotes rights that ensure residents’ dignity and

supports residents’ decisions and feedback while preventing

discrimination.

Quality Indicators

1. The service provider shall ensure that the residents’ privacy

is respected and that they are not subjected to unnecessary

intrusion.

2. The service provider shall ensure that the residents exercise

personal choice and have the opportunity to be socially

active.

3. The service provider shall maximise the residents’ capacity

to exercise personal autonomy and choice.

These regulations by means of the Schedule, elevate the Scope.

Social Regulatory Standards for High Dependency Chronic Care

Services for Older Persons, to the status of subsidiary legislation under

the Social Care Standards Authority Act.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Social Care Standards Authority Act;

"Authority" means the Social Care Standards Authority as

established by virtue of article 5 of the Social Care Standards Cap. 582.

Authority Act;

"challenging behaviour" means behaviour of such an

intensity, frequency, or duration exhibited by residents that is

triggered by intrinsic or extrinsic factors, and that has the

potential to cause physical, emotional and, or psychological

harm to the residents themselves or other persons around them.

This behaviour is likely to limit or deny access to certain services

or facilities without adequate support;

"civil rights" means rights conferred on persons by the laws

of Malta;

"competent person" means a person who is recognised as

capable and, or authorised to undertake specific activities in line

with applicable national legislation, standards or directives

issued by the competent authorities;

"facility" means premises that have been purposely built or

adapted to accommodate older persons with high dependency

chronic care needs on a long-term basis. The premises have

fittings and equipment specifically suited for the holistic

provision of the residents’ care and well-being;

"high dependency chronic care services" means the

provision of medical, functional, psychological, social,

environmental and spiritual care services for older persons who

require continuous and long-term care for their well-being.

Chronic care conditions are multidimensional, interdependent,

complex and ongoing and require in-house interdisciplinary

health and social care, including in-house specialist medical,

nursing, dental, nutritional, pharmaceutical, podiatric and other

therapeutic services;

"management" means a person who acts on behalf of the

service provider to provide leadership to staff and to oversee and

control the proper functioning of the services offered to older

persons;

"older person" means a person over the age of sixty who

has high dependency chronic care needs that can be holistically

managed on a long-term basis by a facility.

"performance indicator" means an active descriptor of what

service providers need to do to ensure service outputs that

support the quality indicators;

"personal care plan" means a document that is based on a

holistic assessment of the resident that specifies how the

resident’s needs and aspirations are going to be met and also

includes the resources required to satisfy the resident’s

continuous and long-term chronic care needs;

"policies and procedures" mean documents released by

management that regulate how the facility should operate;

"quality indicator" means a statement that sets out the

requirements to achieve compliance with a standard;

"resident" means an older person who enters into an

agreement with a service provider to live in and make use of

services offered by the said facility. Residents may nominate

persons to be kept informed about the residents’ personal affairs

and to take decisions or act on the residents’ behalf. Such

persons cannot be part of the management or staff of the service

provider, except in respect of residents’ personal financial

transactions. Residents may also be assigned a guardian by the

Guardianship Board in which case certain decisions are taken by

the guardian in accordance to the Civil Code;

"service provider" means a person, or organisation that

provides and operates a facility and associated chronic care

services to older persons on a long-term basis;

"staff" means a person engaged by the service provider

wherein one of the person’s responsibilities is to provide resident

support, social and, or health care, irrespective of whether or

how the person is compensated.

The service provider shall encourage the residents to take

part in planning and participate in social and leisure

activities.

The service provider shall ensure that when they pass away,

residents are treated with dignity, sensitivity and respect,

and in accordance to their religious beliefs.

Standard 2: Personal Care Plan

Standard Statement

This Standard promotes the development, implementation and

review of the personal care plan with individual residents to

establish the care and support required and to set the objectives to

satisfy the residents’ needs.

Quality Indicators

1. The service provider shall ensure that the interdisciplinary

group involves the prospective resident in the assessment

process and in the formulation and modification of the

personal care plan.

2. The service provider shall ensure that the personal care

plan includes information on a number of key areas related

to the residents’ long-term needs.

3. The service provider shall ensure that residents have timely

access to identified physical and mental health care

services.

4. The service provider shall ensure that residents receive a

wholesome, appealing, balanced, varied and adequate diet.

Standard 3: Residents’ Health, Social and Personal Care

Standard Statement

This Standard promotes the holistic nature of services required to

sustain the mental, physical and social well-being of residents.

Quality Indicators

1. The service provider shall ensure that health care services

offered by the facility support the well-being of residents.

2. The service provider shall ensure that medication is

prescribed, prepared and administered in a documented

manner that complies with local legislation and best

practice.

3. The service provider shall encourage residents to actively

participate in social and leisure activities.

4. The service provider shall ensure that personal care is

provided in a sensitive and dignified manner.

Standard 4: Protection and Safeguarding of Residents

Standard Statement

This Standard promotes the protection of residents from abuse as

well as the safety of residents.

Quality Indicators

1. The service provider shall ensure that complaints are dealt

with promptly, effectively and confidentially, if so

requested.

2. The service provider shall ensure that residents are

safeguarded from physical, verbal, psychological or sexual

abuse.

3. The service provider shall ensure that the location and

layout of the facility (including its grounds) is accessible,

safe, well-maintained and satisfies residents’ needs.

4. The service provider shall ensure that the facility and

equipment are kept clean and hygienic.

5. The service provider shall ensure that the residents’

financial interests are safeguarded.

Standard 5: Service Provision

Standard Statement

This Standard promotes formal resident access and use of services

that satisfy the exigencies and preferences of the residents.

Quality Indicators

1. The service provider and residents shall enter into a written

agreement covering the conditions and costs of the services

and the level of care offered.

2. The service provider shall offer services in key areas to the

residents.

Standard 6: Service Quality Management

Standard Statement

This Standard promotes service management based on continuous

improvement of service operations and staff training and

development.

Quality Indicators

1. The service provider shall implement management

strategies to continuously improve service delivery to the

residents.

2. The service provider shall implement transparent

recruitment strategies and plans for the continuous

development of staff.

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