Staffing Regulations for Aged Residential Care Facilities
Consultation Document
Submissions closed 3 December 2004
ISBN 0-478-25764-3 (Internet)
HP 4012
The Old People’s Homes Regulations 1987 and the Hospitals Regulations 1993 were revoked on 1 October 2004 when section 59 and Schedule 5 of the Health and Disability Services (Safety) Act 2001 (HDSS Act) came into effect.
It is proposed that new regulations be developed to maintain existing minimum staffing levels for aged residential care facilities and support the provision of quality and safe care under the HDSS Act.
Before 1 October 2004 licensed aged residential care providers had to comply with the minimum staffing level requirements set by the Old People’s Homes Regulations 1987 and the Hospitals Regulations 1993.
From 1 October 2004 providers who have attained certification under the HDSS Act do not have to comply with these two regulations, but need to meet all relevant service standards.
Standard 2.7, Service Provider Availability, of the Health & Disability Sector Standards (NZS 8134:2001) sets out service providers’ staffing responsibilities. It is proposed that the standard be supplemented with specific staffing requirements in regulations.
In addition, the national Age Related Residential Care Contract (ARRC) sets staffing requirements for the provision of aged residential care by providers (licensed or certified) who have a contract with a District Health Board (DHB).
Proposed options for the new staffing regulations
It is proposed that new staffing regulations cover all categories of aged residential care: rest home, continuing care (hospital level care), dementia care, and reflect current sector practices and management.
Two options are proposed. New staffing regulations:
1) are consistent with the staffing requirements under the ARRC Contract and applicable content from the Hospitals Regulations 1993 and Old People’s Homes Regulations 1987
2) replicate the Hospitals Regulations 1993 and Old People’s Homes Regulations 1987 but with amendments to clarify that staffing refers only to nursing and caregiver staff.
It is intended that the new regulations will maintain existing minimum staffing levels and not impose extra compliance costs on providers.
It is proposed that there be a phase-in period of six months from the time the regulations are made until they come into force.
The Ministry of Health seeks your comments on the proposed content and phase-in period for the new regulations.
Please provide details of any compliance costs you consider will arise from the new staffing regulations.
Please note that all correspondence and submissions on this matter may be the subject of a request under the Official Information Act 1982. If you consider any part of your correspondence could properly be withheld under the Act and you wish to do so, please include comment to that effect giving your reasons.
Note: Submissions have now closed. The closing date for submissions was Friday 3 December 2004.
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Staffing Regulations for Aged Residential Care Facilities (Word, 85 kB)
Staffing Regulations for Aged Residential Care Facilities (PDF, 189 kB)
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