SOCIAL REGULATORY STANDARDS FOR HIGH DEPENDENCY CHRONIC CARE SERVICES FOR OLDER PERSONS REGULATIONS

DEPENDENCY CHRONIC CARE SERVICES FOR OLDER

PERSONS

SUBSIDIARY LEGISLATION 582.09

SOCIAL REGULATORY STANDARDS FOR HIGH

DEPENDENCY CHRONIC CARE SERVICES FOR

OLDER PERSONS REGULATIONS

28th February, 2020

LEGAL NOTICE 36 of 2020.

The title of these regulations is the Social Regulatory

Standards for High Dependency Chronic Care Services for Older

Persons Regulations.

(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

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

"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

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,

DEPENDENCY CHRONIC CARE SERVICES FOR OLDER

PERSONS

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

DEPENDENCY CHRONIC CARE SERVICES FOR OLDER

PERSONS

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

DEPENDENCY CHRONIC CARE SERVICES FOR OLDER

PERSONS

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

DEPENDENCY CHRONIC CARE SERVICES FOR OLDER

PERSONS

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.