Consultation will kick off this week on a Bill which could see the revocation of the licence of homes for the elderly that do not adhere to care standards.

The Bill, aimed at rising elderly care standards, sets the financial penalty for homes that break the law at €5,000.

In cases of repeated failure to manage the home according to its classified category, there would be a daily penalty of €3,500.

The consultation on the Homes for Older Persons (Care Quality Standards) Authority Act will be launched on Wednesday, and the Bill should be available online this week.

The Act would see the setting up of a watchdog which would establish the minimum regulatory standards for care and their enforcement. It would also be able to grant, refuse, suspend or revoke the homes’ licence, and monitor their compliance with the law. Representatives of the authority would be able to enter the premises without prior warning and inspect them.

The seven members forming the authority would all be appointed by the minister responsible for the elderly. However, the entity would not be subject to the direction or control of any other person or authority, according to proposals. Still, the minister would have the authority to remove the chair or members from office.

Each resident would also have a written contract

The national minimum standards for care homes were published in September of last year but, so far, no legal framework has been presented.

The Bill in fact provides a specific framework for the operation and management of homes for the elderly and establishes standards to guarantee their well-being.

According to the standards, every home would be obliged to provide a written guide for the residents which includes a copy of the most recent inspection report.

Each resident would also have a written contract that includes details of their room and would clearly specify the maximum number of occupants.

The standards, meanwhile, list the need for a plan of care reviewed and updated by a nurse in charge at least once every three months.

An issue of concern for several relatives remains pressure sores, and the standards note that a professional should assess residents with such sores on a weekly basis. However, those at risk of developing pressure sores should be monitored daily.

Another thing that should be monitored regularly is their mental health.

When it comes to privacy and dignity, the standards propose that medical examination and treatment should be explained clearly and respectfully to the resident before it is administered.

Where residents share a room, adequate screening or partitioning should be provided to ensure that privacy is not compromised.

Robust procedures should also be in place to ensure the safety and protection of all residents when responding to suspicion or evidence of abuse or neglect (including whistleblowing).

The proposals will be uploaded on www.activeageing.gov.mt and readers can e-mail their feedback to activeageing@gov.mt.