Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!person must report the following to the Director who has been appointed by the Ministerof Health:• Improper or incompetent treatment or care resulting in harm or risk of harm;• Abuse of a resident by anyone;• Neglect by the licensee or staff that resulted in harm or a risk of harm to theresident;• Unlawful conduct that resulted in harm or a risk of harm to a resident;• Misuse or misappropriation of a resident’s money.If the following persons fail to report abuse, they are guilty of an offence and may befined up to $25,000 (ss. 24(5)) and 182(2)):• Licensee or manager of a long-term care home• An officer or director of the corporation that is the licensee or manager of a longtermcare home• A member of the committee of management or the board of management for thehome• A staff member• Any person who provides professional health or social work services to a residentor licensee.Licensees of long-term care homes must also protect residents from abuse by anyoneand ensure that the licensee and staff do not neglect residents (s. 19(1)).5. Elder Abuse and Neglect in the WorkplaceEmployees are protected from work-related consequences. It is illegal for someone todismiss, discipline, suspend, intimidate, coerce, harass or impose a penalty againstanother person for reporting abuse or neglect (s. 26).6. Confidential InformationProfessionals, non-professional staff and volunteers must normally get consent from anolder adult before disclosing personal or health information.The reporting requirement does not abrogate solicitor-client privilege (s. 24(7)). Subjectto solicitor-client privilege, a person may disclose confidential information, withoutconsent from a resident, in order to report abuse or neglect (s. 24(4)).The Personal Health Information Protection Act (s. 40(1)) states that:A health information custodian may disclose personal health information about anindividual if the custodian believes on reasonable grounds that the disclosure isnecessary for the purpose of eliminating or reducing a significant risk of seriousbodily harm to a person or group of persons.Disclosure without consent is permitted under the above Act (s. 43(1)(f)) as well as theFOIPPA (s. 42(1)(g)) and the MFOIPPA (s. 32(g)) to assist with a police investigation.! "#!