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New Residential Care Homes Legislation Will Come into Force on 16 June 2024
27 May 2024
The long-awaited Residential Care Homes Legislation (Miscellaneous Amendments) Ordinance 2023 (the “2023 Ordinance”) will soon come into force, on 16 June 2024.
The 2023 Ordinance puts into place more stringent requirements for the operators of Residential Care Homes. Failure to comply with the new requirements may result in a term of imprisonment up to a period of two years and the imposition of a fine up to $100,000, with an additional $10,000 per day for each day of non-compliance. Licenses and registrations may also be revoked. In addition, residents and relevant persons may have grounds to commence civil lawsuits in the event of non-compliance with the 2023 Ordinance.
The new requirements include the following:
- Abolition of the certificate of exemption scheme for all Residential Care Homes for the elderly;
- Appointment of a proposed responsible person who is fit and proper;
- Registration of a home manager or a home manager (provisional), who must be fit and proper, possessing certain specified qualifications;
- Home manager or home manager (provisional) reporting of certain specified events;
- Registration of health worker(s) who are qualified, competent, fit and proper;
- Increase in minimum staffing;
- Increase in the minimum area of floor space for each resident;
- Limits on the use of restraints on residents;
- Avoidance of the improper exposure of body parts to protect residents’ dignity and privacy;
- Storage and administration of medicine.
A Residential Care Home is defined as a facility with more than 5 persons aged 60 years or older who are residing there for the purpose of habitually receiving care while resident at the facility.
Types of Residential Care Homes include:
- Nursing Homes (for residents suffering from a functional disability to the extent they require daily professional care and attention and a high degree of professional nursing care, but not continuous medical supervision);
- Care and Attention Homes (for residents who are generally weak in health and are suffering from a functional disability to the extent that they require daily personal care and attention in the course of daily activities but not a high degree of professional medical or nursing care);
- Aged Homes (for residents capable of observing personal hygiene but have a degree of difficulty in performing household duties); and
- Self-Care Hostels (for residents capable of taking care of observing personal hygiene and performing household duties).
If you would like a copy of our complimentary Residential Care Home Compliance Checklist for Operators, please contact our Elder Law Practice Group Co-Head, Ms Helena Hu, at 2186 1830 or helena.hu@oln-law.com.
Disclaimer: This article is for reference only. Nothing herein shall be construed as legal advice, whether generally or for any specific person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.
