New 'Landmark' Standards for Residential Services for Persons with Disabilities

New 'Landmark' Standards for Residential Services for Persons with Disabilities

The recent launch by the Health Information and Quality Authority (HIQA) of the National Standards for Residential Services for Children and Adults with Disabilities marks what has been described as a "landmark moment for disability services in Ireland".  Kathleen Lynch TD, Minister of State with Responsibility for Disability, Older People, Equality and Mental Health has described the Standards as "a significant step forward in terms of delivering consistent and high quality services for people with disabilities in residential services."

What will the Standards do? 

Essentially, the purpose of the standards is to provide guidance for residential services on how best to provide a safe and effective service for children and adults with disabilities. The standards will apply to all residential services (including respite services) provided to children or adults with a disability, regardless of whether the service is operated by a public, private or voluntary body or agency.  

The Standards are set out in two sections - one dealing with children with disabilities and the other dealing with adults with disabilities.  They are grouped into the following eight key themes: 

• Individualised Supports & Care
• Effective Services
• Safe Services
• Health & Development
• Use of Information
• Use of Resources
• Responsive Workforce, and
• Leadership, Governance & Management

The Standards are described by HIQA as being 'outcome based', with each Standard providing a specific outcome to be met by the residential service. 

 What will the Standards mean for Residential Services?

At present, the Standards function as a guidance framework for residential services in providing a high quality, safe and effective residential service to the children or adults in their care. They also provide those who use such services, and their families, with a guide as to the standard of service they should be receiving.  Whilst presently, the Standards operate only as a guidance framework, they will be soon be underpinned by new Regulations made under the Health Act 2007 ('the 2007 Act') which are expected to be brought into force by the Government in September 2013. With effect from then, residential services for persons with disabilities will be regulated in the same way as nursing homes. 

 It is expected that two sets of Regulations will be produced - one dealing with the care, welfare and support of residents and one dealing with the registration requirements for residential services. The impact of the Regulations and Standards on operators of residential services ('Operators') will be far reaching and will include the following:  

• Registration  - Operators will be required to apply for registration by HIQA, and it will be an offence to carry on an unregistered residential service.   In determining applications for registration under the 2007 Act, HIQA will have the power to refuse registration or make registration subject to certain conditions.
• Inspection - Operators will be subject to inspections by HIQA to monitor their compliance with the 2007 Act, the Regulations and the Standards.  Under the 2007 Act, HIQA has broad powers to enter onto the premises of designated centres and inspect same. 
• Notification - Operators will be required to notify HIQA of certain incidents that occur in their service.  This requirement, which is likely to be imposed by the Regulations, will, in the case of certain serious incidents, mean that notification to HIQA must occur without delay. 
• Investigation  - Operators may be subject to investigation by HIQA using its powers under the 2007 Act in certain circumstances. 
• Prosecution  - failure to comply with the provisions of the 2007 Act, the Regulations and the Standards may mean that Operators will be subject to prosecution by HIQA.  In addition to the penalties that can be imposed by a Court, serious consequences may flow from the imposition of a conviction, such as the attachment of conditions to registration, or in serious cases, the cancellation of registration.  

How can ByrneWallace help?

ByrneWallace has extensive experience in healthcare law generally, including advising on the Health Act 2007 and the regulatory framework in relation to nursing homes, hospitals and other healthcare facilities.  Our multi-disciplinary Healthcare Group can provide invaluable advice and assistance in adhering to the Standards and preparing for the proposed new regulatory framework. If you are interested in receiving further information in relation to the Standards and other issues affecting the healthcare sector and/or invitations to related events and seminars held by ByrneWallace, please click here to register for our mailing list.

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Contacts

For further information, please contact: 

• Olive Doyle, Partner, Health and Social Care Team
• Marie Kinsella, Partner, Health and Social Care Team 
• Nicola Harrison, Associate, Health and Social Team