CCPC begins public consultation on contracts of care in elderly long-term residential services

Leitrim Observer Reporter

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Leitrim Observer Reporter

CCPC begins public consultation on contracts of care in elderly long-term residential services

CCPC is seeking seeking the views of those who have entered contracts of care in long-term residential care services for older people.

The Competition and Consumer Protection Commission (CCPC) announced today that it has opened a public consultation seeking views from those who have entered contracts of care in long-term residential care services for older people.

This consultation will inform the CCPC’s ongoing project which is developing a set of guidelines for those who provide standard form contracts in long-term residential care services. The guidelines will set out the obligations and responsibilities that service providers must adhere to under European law[1].

Speaking today, Fergal O’Leary, Member of the Competition and Consumer Protection Commission said, “For older consumers the decision to enter a care home is significant. In addition to the personal implications there are significant financial commitments attached to this care. For many this is the most significant contract that they, or their families, will sign up to in their lifetime.

"In long-term residential care services, the contract of care is a vital legal document, as it sets out the terms and conditions, and the rights and responsibilities that the resident is bound by. Most contracts of care are standard, in that the terms have been drafted in advance, and so there may be little or no opportunity for the older person, or their representative, to negotiate or change these terms.

"Given the contract’s obvious importance it is essential that residents or whoever is representing them, are provided with the terms and conditions in a language that can be understood. And crucially, that they are not bound by terms that the law considers unfair. And so in September 2017, we commenced a project to examine the standard terms that are commonly presented in contracts of care in long-term residential care services for older people.”

The CCPC is encouraging submissions from residents, their families or representatives, who have at any time been involved in organising a contract of care in long-term residential services in Ireland. Service providers in the sector are also invited to make a submission and provide information about the care contracts they offer.

At the end of this examination CCPC want to produce a set of guidelines, to inform service providers who are providing standard care contracts of their obligations under consumer protection law. 

A copy of the CCPC’s consultation paper is available here and the closing date for submissions is the February 23, 2018.

 

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