Miriam Pinkesz  |  September 3, 2020

Category: Covid-19

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elderly woman in long-term care home wearing mask

The outrage among Canadians following recent reports of epidemics, neglect and negligence in the nation’s long-term care facilities, has finally been heard. The Ontario government recently established an independent Long-Term Care COVID-19 Commission, to investigate how COVID-19 spread within long-term care homes, how residents, staff, and families were impacted, and the adequacy of measures taken by the province and other parties to prevent, isolate and contain the virus.

Ontario’s Long-Term Care COVID-19 Commission

The Commission was set up to investigate and report on findings and recommendations respecting how the pre-COVID-19 state of the long-term care system contributed to the COVID-19 virus spread within long-term care homes and how residents, staff, volunteers, visitors, family members, and others were impacted.

Indeed, some experts, like Sharon Sholzberg-Gray C.M., labels Canada’s long-term care system as “the poor orphan of the healthcare system.” In an exclusive July interview Mrs. Sholzberg-Gray told Top Class Actions that Ontario’s long-term care pandemic devastation can be attributed to poor infrastructure, lack of regulatory enforcement and lack of personnel.

The Commission will also investigate the adequacy of measures taken by parties, including the province and long-term care homes to prevent, isolate and contain the spread of COVID-19. This includes examining the impact of existing physical infrastructure, staffing approaches, labour relations, clinical oversight, and other features of the long-term care system on the spread of COVID-19 in the long-term care homes.

Class action lawsuits have been launched in Ontario against long-term care homes, alleging failure to plan for an outbreak, failure to provide adequate testing resources, failure to follow sanitation protocols, negligence, and much more.

Most recently, 96 Ontario long-term care homes are the heart of a $600 million class action lawsuit Canada on behalf of its residents alleging negligence, overcrowding, and a lack of attentive care amid the coronavirus pandemic.

Accountability and Justice for a “Broken” Long-Term Care System

Ontario Premier Doug Ford and Dr. Merrilee Fullerton, Minister of Long-Term Care announced the independent commission.

“As Premier, I made a commitment to our long-term care residents and their families that there would be accountability and justice in the broken system we inherited,” said Premier Ford. “Today, we are delivering on that promise by moving forward with a transparent, independent review of our long-term care system. nurse walking elderly man in long-term care home in ontarioWe will do whatever it takes to ensure every senior in the province has a safe and comfortable place to call home.”

The commissioners include, among others, Justice Marrocco, Queen’s Counsel, Dr. Jack Kitts, former president and chief executive officer of The Ottawa Hospital and Angela Coke, former deputy minister of Ontario’s Ministry of Government and Consumer Services and senior executive of the Ontario Public Service.

The Commission is equipped with certain powers to enable it to move forward with the investigation. For instance, the Commission can compel long-term care homes to produce evidence and can issue summons.

The commissioners expect to release their final report on Apr. 30, 2021, comprising their findings and their recommendations to the government on how to avoid future outbreaks in the long-term care system.

“The people of Ontario deserve a timely, transparent and non-partisan investigation,” said Dr. Merrilee Fullerton.

While the work of the commissioners is underway, Ontario will continue to move forward with system improvements, including implementing the recommendations of the Public Inquiry into Long-Term Care Homes as well as supporting the accelerated development of new, modern long-term care beds.

Additionally, the Ontario government has committed to investing a historic $1.75 billion to create new and redevelop existing long-term care beds. The province is also updating design standards to include air conditioning for any new and renovated homes.

Nearly 78,000 Ontario residents currently reportedly live in 626 long-term care homes across the province. Furthermore, over 38,000 people are on the waitlist to access a long-term care bed in Ontario (as of March 2020).

The Ontario government recently announced the creation of a new funding model, aimed at making it more attractive for operators to build long-term care homes and bring aging homes up to modern design standards — providing seniors with the quality care they deserve.

Previous public inquiries, such as the Public Inquiry into Long-Term Care Homes, took two years to complete. This is not the first time an independent commission has been established after an outbreak. In 2003 Ontario implemented an independent commission to investigate the introduction and spread of SARS under the Health Protection and Promotion Act.

Do you think Ontario’s Long-Term Care COVID-19 Commission will lead to improved long-term care? What do you think Ontario’s main long-term care issues are? Share your thoughts with us in the comments below!

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