Critics concerned Bill 70 reduces accountability in long-term care
By Tim Kalinowski on April 28, 2021.
LETHBRIDGE HERALDtkalinowski@lethbridgeherald.com Friends of Medicare says the Kenney government’s introduction of Bill 70, The COVID-19 Related Measures Act, puts protecting the legal interests of for-profit and private long-term care facilities over protecting the lives and safety of residents in those facilities.“We know in January the Alberta Continuing Care Association, that represents long-term for profit and private not for profit providers, was lobbying the government in asking them to put in these COVID protections so they can save themselves from being sued, and then we see Bill 70 being introduced in the house last week,” explains Friends of Medicare executive director Sandra Azocar. “What we are concerned about is this bill will prevent families from being able to seek answers and hold care homes responsible for the negligence toward their loved ones. We know in Canada over 70 per cent of the COVID-19 related deaths have been in care homes. And in Alberta it has consistently been over 60 per cent of the people that have died from COVID-19 related deaths have been residents of long-term care or other facilities that provide housing for seniors.”
Azocar says while the bill won’t entirely stop lawsuits, it certainly makes it more difficult for families to launch them when they believe their loved ones have died due to negligence while living in long-term care facilities in the province.
“It creates a higher threshold for families and residents to actually take somebody to court,” Azocar states. “Instead of showing negligence, what they are going to have to show now is gross negligence. So the threshold becomes higher and harder to prove. It doesn’t allow families to actually get an answer as to why their loved ones actually died when you entrusted them with the care. It doesn’t provide families with that justice. And the fact they made this bill retroactive to even before Alberta declared a state of emergency (March 1, 2020) speaks volumes as to who they (the government) are trying to protect.
“Where is the legislation protecting residents? And that is what we are asking this government, right?”
Azocar is firmly of the opinion that most COVID related deaths in long-term care facilities were preventable if the companies and organizations which ran them had proper staffing levels, proper sanitization protocols, and proper spacing for residents of these facilities.
“This is totally preventable,” she confirms. “This system that we have for that pretense to provide care was a system that was created over decades. What this pandemic did was shone a light on the issues we have been calling (out) for decades now. The whole entire system needs to be taken to task.”
Health Minister Tyler Shandro’s press secretary Steve Buick says Friends of Medicare’s concerns about Bill 70 are overstated.
“Bill 70 would help protect those operating in good faith and doing everything they can to follow public health guidance, in line with legislation introduced or pending in BC, New Brunswick, Nova Scotia, Ontario, and Saskatchewan,” states Buick. “It would not protect bad actors. Those who are grossly negligent can and should be held accountable for their actions. It does not stop or prohibit any existing or future lawsuit. It sets a standard that protects health care providers who are working in good faith to care for Albertans, while preserving the right to pursue legal action.”
Buick says the bill simply helps protect conscientious long-term care operators from having to face frivolous lawsuits which could cripple their ability to continue to provide quality care to Alberta’s seniors.
“Even when public health orders and guidelines are rigorously followed,” explains Buick, “there’s the possibility that COVID-19 could still spread in health care settings. Even a single lawsuit could bankrupt an operator of continuing care facilities, who would then cease to operate. This could lead to a reduced number of continuing care facilities and fewer spaces in Alberta for vulnerable citizens, when need continues to grow.” Follow @@TimKalHerald on Twitter 4
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