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Elderly Homes Ordinance effective from April

Operators of private homes for the elderly are reminded that the Residential Care Homes (Elderly Persons) Ordinance, with the exception of Section 6, will come into operation on April 1 this year.

A spokesman for the Social Welfare Department (SWD) said today (Sunday) that with the implementation of the ordinance, residential care homes for the elderly would have to comply with the licensing requirements on location, space, design, structure, safety, fire precautions, staffing and quality of care to the residents before they were allowed to operate.

"The Residential Care Homes (Elderly Persons) Ordinance aims to regulate homes established for the residential care of elderly persons who have attained the age of 60 so as to ensure that these homes provide services of a reasonable standard and that the well-being of the elderly residents is safeguarded.

"The SWD will regulate residential care homes either by a licence or a certificate of exemption. Licences may be issued to residential care homes which are able to comply with the requirements in accordance with the ordinance," the spokesman said.

He explained it was the department's policy that all residential care homes which came into existence and which intended to start operation on or after April 1 this year should be subject to regulation by the issue of a licence rather than the issue of a certificate of exemption.

"Although the SWD will, of course, consider all applications for a certificate of exemption, it is unlikely that a certificate of exemption will be issued to any residential care home which commences operation on or after April 1 this year unless there is something exceptional in the circumstances which warrant a departure from this policy.

"The main reason for this approach is that regulation by the issue of a licence- will better ensure high standards of residential care for elderly persons and better safeguard the interests of elderly residents than will regulation under a certificate of exemption," he said.

On the certificates of exemption, the spokesman said they were to be granted to residential care homes already in operation before April 1 this year but which were unable to comply fully with the legislative requirements.