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LEGAL REQUIREMENTS FOR ACT 13 OF 2006

LEGAL REQUIREMENTS FOR ACT 13 OF 2006. REGISTRATION OF SERVICES TO OLDER PERSONS. BACKGROUND TO NEW LEGISLATION. Act 81 of 1967 focused only on Old Age Homes: Registration of all Old Age Homes excluding government (provincial and local government) Services for group 1, 2 and 3

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LEGAL REQUIREMENTS FOR ACT 13 OF 2006

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  1. LEGAL REQUIREMENTS FOR ACT 13 OF 2006 REGISTRATION OF SERVICES TO OLDER PERSONS

  2. BACKGROUND TO NEW LEGISLATION • Act 81 of 1967 focused only on Old Age Homes: • Registration of all Old Age Homes excluding government (provincial and local government) • Services for group 1, 2 and 3 • Norms and Standards • Funding • Amendment Act 100 of 1998

  3. INTERNATIONAL INSTRUMENTS • United Nations General Assembly on 16 December 1991- Resolution 46/91) Declaration on the Rights of Older Persons. • Second World UN Assembly held in Madrid in 2001 Madrid Resolutions. • Both these documents was ratified by SA and therefore Policies and Legislation had to be amended.

  4. INTRODUCTION • The Act prescribes that all services as defined, must be registered. • Article 13(1) specifically says that any person who wishes to deliver a community service must register the service. • Article 14(1) states any person who provides home based care must ensure that the caregivers receive the prescribe training • Social workers and health care workers must be registered with the appropriate council responsible for the relevant profession and 3(a) the Minister must keep a register for caregivers

  5. Article 18 (1) (a) states no person may operate a residential facility unless such facility has been registered under this section. • (b) Paragraph (a) does not apply to a private residence in which an older person is looked after by a family member. • 18 (2) “A person who wishes to operate a residential facility must, in the prescribed manner apply to the Minister for registration thereof. “

  6. COMMUNITY BASED CARE AND SUPPORT SERVICES • Prevention and Promotion programmes and Home based Care on form 2 in the regulations • Registration of caregivers on form 7 in the regulations • Full registration • Temporary registration – 6 months • PLEASE NOTE NO REGISTRATION CAN BE TRANSFERRED TO ANOTHER PERSON • The same applies to residential care. All registered services must comply with National Norms and Standards.

  7. RESIDENTIAL FACILITIES • ‘Residential facility’ means a building or other structure used primarily for the purposes of providing accommodation and of providing a 24–hour service to older persons. This facility may include any type of structure managed primarily for the purpose of providing basic services including care and protection to older persons. The National Norms and Standards identified the following types of residential facilities.

  8. Category A facility • Independent living – Interim Homes Retirement Villages Full title deed Sectional Title Life right Rented

  9. Retirement villages that render no services to the residents will not register. • If a service e.g. Home based care (tuis versorging) is rendered the service must register • If cottages/flats are rented it must register as an accommodation service.

  10. Category B facility • Assisted living Boarding houses Housing schemes or Sheltered housing Retirement Villages Shelters When services are rendered e.g. provision of meals, cleaning, laundry services and frail care the services must be registered.

  11. Category C facility • Frail Care – Residential facilities (private and subsidised, government and local government and frail care units attached to retirement villages) • Applications must be completed on form 9 in regulations • All applications must be submitted to the regional office

  12. The following documents must accompany the application. • If it is a private person ID • Certificate of qualifications • List of older persons under my/our care • Levels of care offered • Certificate from environment health building regulations and food preparation

  13. Nursing report regarding nursing staff ratio (frail care) • Copy of building plans (new facilities only/not previously registered under Act 81 of 1967) • Social work report from DSD • House rules • Business plan • Other e.g. if NPO -NPO registration certificate

  14. or section 21 company • If funding is required and it is a new registration Application for Financial Award form 1 in regulations

  15. Types of registration • Full registration – if the facility complies with the norms and standards • Temporary registration – 12 months with conditions, another certificate can not be issued under the same conditions • ADMISSION – DQ 98 ASSESSMENT INSTRUMENT AS APPROVED MUST BE USED FOR ADMISSION. (NORM 1.2.3)

  16. Residents Committee • Article 20 (1) If more than 10 older persons reside in a residential facility, excluding a shelter, a residents committee which represents the interest of the residents must be established by the residents • Regulation 17(1) indicates that a residents committee must consist of not less than five and not more than 12 members, as determined by the operator of the facility.

  17. COMPOSITION OF THE RESIDENTS COMMITTEE • Residents -Not less than two and not more than seven • Staff members – not less than one and not more than three • Local Community – One • The manager of the facility

  18. PROTECTION OF OLDER PERSONS2.2.2 • LEGISLATIVE REGISTERS THAT MUST BE KEPT • ABUSE REGISTER – FORM 14 • COMPLAINTS REGISTER – GUIDELINE 15 • INCIDENT REGISTER – GUIDELINE 16 • RESTRAINTMENT REGISTER • MEDICATION REGISTER • CODE OF CONDUCT OF CAREGIVERS

  19. REGULATION 16 • A person who, for remuneration, cares for or accommodates an older person or a frail person in a place other than a residential facility must keep a comprehensive record of each older person or frail person, which must annually be submitted to the Director-General and which must contain the following information.

  20. The names and ID of the person/s • The residential address and the contact numbers of the person before being accommodated • The medical condition of the person • Particulars of services provided to the person • Details of the persons medical aid • Details of hospitals, clinics and medical practitioners attending to the person • Details of the persons funeral policy • Details of the persons who has the person’s will

  21. MONITORINGSection 15 and 22 clearly states that: • A social worker in the employ of the state may at any time visit and monitor a registered service or residential facility • All services and facilities must be monitored once per year for compliance with norms and standards. • Private as well as subsidised. The Act does not differentiate between facilities

  22. DQ 98 NATIONAL NORMS AND STANDARDS PART 2 • 1.2 Legal status for service facility development and delivery of services • 1.2.3 Admission policy in accordance with statutory requirements • Implementation of departmentally approved assessment instrument (DQ98) • THEREFORE NO OTHER ASSESSMENT INSTRUMENT CAN BE USED THAN THE CURRENT DQ 98 FORM AND RE-ASSESSMENT FORM.

  23. AMMENDMENT BILL • SECTION 1 –DEFINITIONS • (a) Assisted living facility means a residential facility used for provision of safe and accessible accommodation with access to care and support services to older persons that are partially independent, with or without assistive devices, and who need some form of supervision and assistance with their activities of daily living.

  24. (b) care means physical, psycological, social, spiritual, nursing, first-aid or material assistance to an older person, and includes services aimed at promoting and maintaining the comfort, quality of life and general well-being of an older person.

  25. C Caregiver means any person who provides care and support services, whether at a community-based care, residential facility or similar facility and has been trained with an accredited South African Qualifications Authority or Sector Education Training Autority training appropriate for the care of older persons.

  26. (e) Frail Care Facility means a facility that is used primarily for the care of frail older persons that need 24 hour care services. • (f) Independent living facility means a residential facility used for the provisioning of safe and accessible accommodation to active older persons, who are fully independent with or without assistive devices and who do not need assistance with their activities of daily living.

  27. (j) Person means a trust and for the purposes of registration and operation of community-based care and support services, home-based care and residential facilities, means a juristic person or a trust only. • (k) Private Residential facility means a residential facility established or registered in terms of the Housing Development Schemes for Retired Persons Act, 1988 (Act no 65 of 1988)

  28. (m) Residential facility means a building or structure that is used primarily for the 24 hour care, accommodation and provision of services to older persons in both public and private residential facilities and includes assisted living, independent living, frail care and similar facilities.

  29. SECTION 13 REGISTRATION OF COMMUNITY-BASED CARE AND SUPPORT SERVICES • 13 1. Any person who wishes to provide a community-based care and support service must apply to he Director –General for registration of such a service • 1 (a) Only a juristic person or trust may b e registered to provide community-based care and support services to older persons

  30. SECTION 18 Prohibition on operation of unregistered residential facilities and registration of such facilities • 18.1 (a) Subject to section 35 no person may operate a residential facility unless such facility has been registered under this section • Subject to section 35 no person may operate a residential facility including a private residential facility, assisted living or similar facility unless such facility has b een registered under this section and • 2 A juristic person (who wishes) or a trust wishing

  31. To operate a residential facility must , in the prescribed manner, apply to the Minisgter for registration

  32. THANK YOU ANY QUESTIONS

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