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Following is a question by the Hon Alan Leong and a reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (December 4):
Question:
In 2009, a staff member of a private residential care home for the elderly (RCHE) was convicted of feeding an elderly person with faeces. It has been reported that earlier on, a staff member of a private RCHE was also found to have repeatedly assaulted an elderly person by hitting her head with a broomstick, twisting her hands backwards, slamming her head against the door frame and slapping her, etc. It has been learnt that the Social Welfare Department has so far not yet instituted any prosecution against these two RCHEs. Some organisations servicing the elderly have relayed to me that the aforesaid incidents are just the tip of an iceberg as the management and quality problems of private RCHEs have been a long-standing issue. They have pointed out that as elderly persons who need the highest level of care will be granted the Higher Disability Allowance and the Special Diet Allowance, they are able to pay for higher home fees. Some private RCHEs, despite their inadequate manpower, have still strained to admit this type of elderly persons. However, because of the heavy workload, the staff of such RCHEs have become short-tempered, resulting in some of them abusing the elderly residents. In this connection, will the Government inform this Council:
(a) whether the aforesaid abusive acts of staff of RCHEs against elderly persons are prohibited under the Residential Care Homes (Elderly Persons) Ordinance; if so, why the Government so far has not yet instituted prosecution against the two RCHEs; if such acts are not prohibited, whether the Government will amend the Ordinance;
(b) of the current number of elderly recipients of the Comprehensive Social Security Assistance residing in private RCHEs and, among them, the number of those who are receiving a monthly payment of less than $5,500; whether the Government will increase the amounts of payments for the elderly residing in private RCHEs so as to enable them to choose RCHEs of better service quality; if it will, when this will be implemented; if not, of the reasons for that; and
(c) whether the Government will consider making reference to the grading system of subsidised RCHEs and classifying private RCHEs into different grades according to their care capability and prohibiting private RCHEs from admitting elderly persons whose care needs are beyond their care capability, so as to reduce the occurrence of incidents of elderly abuse; if it will, when this will be implemented; if not, of the reasons for that and whether the Government allows private RCHEs to continue to admit elderly persons indiscriminately regardless of their care capability?
Reply:
Acting President,
My reply to the questions raised by the Hon Alan Leong Kah-kit is as follows:
(a) We do not tolerate any act of elderly abuse. The Social Welfare Department (SWD) will handle any suspected elderly abuse incidents in RCHEs seriously. Apart from referring the cases concerned to the Police for criminal investigation, SWD will collaborate with different disciplines of professionals to investigate and handle the cases in accordance with the "Procedural Guidelines for Handling Elder Abuse Cases" as well as to provide suitable support services for the affected elderly persons. Furthermore, the Licensing Office of Residential Care Homes for the Elderly (LORCHE) of SWD will issue advices, warnings or directives, depending on the nature and level of seriousness of the cases involved. LORCHE will also conduct more frequent inspections of the RCHEs concerned and monitor if remedial measures have been implemented by the RCHEs concerned.
The two elderly abuse cases which occurred in the RCHEs mentioned in the Hon Leong's question happened in 2009 and September 2013 respectively. Upon receipt of the case reports, the Police took prompt action by conducting investigation and initiating prosecution. The staff involved in the 2009 case was convicted of four counts of assault and sentenced to imprisonment for six months by the Court, while the staff involved in the September 2013 case was convicted of two counts of assault and sentenced to 120 hours' community service. At the same time, LORCHE of SWD investigated the cases immediately and arranged social workers to provide counselling service and support to the elderly persons concerned. Upon completion of investigation, LORCHE issued warning letters to the RCHEs in question, and the Director of Social Welfare has directed remedial measures to require the two RCHEs to take follow-up action according to section 19 of the Residential Care Homes (Elderly Persons) Ordinance.
(b) Under the Comprehensive Social Security Assistance (CSSA) Scheme, elderly persons enjoy a more relaxed level of asset limit and higher standard rates as compared to able-bodied adults. A number of special grants and supplements are also available to cater for special needs of elderly persons. Since June 2012, all CSSA recipients aged 60 or above who occupy non-subsidised residential care places for the elderly can also receive a monthly Residential Care Supplement of $275. Elderly persons can use the CSSA payments received flexibly and choose the suitable RCHEs that meet their individual needs.
As at end-September 2013, there were some 26 000 elderly CSSA recipients residing in non-subsidised RCHEs. The average monthly CSSA payments for elderly CSSA recipients residing in these private RCHEs were around $6,760 during the period between October 2012 and September 2013. As the amount of monthly CSSA payments for each elderly CSSA recipient may be adjusted according to his/her actual circumstances, SWD cannot provide the number of recipients who received a monthly payment of less than $5,500 on average during the above period.
(c) At present, in order to operate nursing homes or RCHEs (depending on the level of care), both subsidised and private RCHEs are required to meet the basic requirements under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance or the Residential Care Homes (Elderly Persons) Ordinance and apply for licences. In addition, the Code of Practice for Residential Care Homes (Elderly Persons) issued by SWD sets out the principles, procedures, guidelines and standards for the operation and regulation of RCHEs for compliance by RCHEs staff. RCHEs are required to employ staff according to the requirements for the type of homes under the legislation and the Code of Practice in order to meet the needs of different residents. Having regard to the ever-changing needs for care services, SWD also issues circulars and guidelines to RCHEs from time to time for enhancement of services and quality. Regular training and talks are also jointly conducted by SWD, the Department of Health and the Hospital Authority (HA) for RCHE staff to enhance their knowledge and skills in taking care of elderly residents and to improve their service quality.
If the health condition of elderly residents in RCHEs deteriorate to the extent that they would require a higher degree of professional medical or nursing care, they or their family members can seek assistance from social workers to arrange for assessment by the Community Geriatric Assessment Team or through the Standardised Care Need Assessment Mechanism for Elderly Services, with a view to being put on the waiting list for placement at subsidised care and attention homes or nursing homes, or infirmary places under HA as appropriate.
Ends/Wednesday, December 4, 2013
Issued at HKT 14:16
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