BlackShanglan
Silver-Tongued Papist
- Joined
- Jul 7, 2004
- Posts
- 16,888
I second Lucky's advice: make sure that you've got your criteria as specific and measurable as possible. It may be a tedious chore to enumerate it all and to come up with measures, but without those you'll be in for months and years of stonewalling over the term "to the best of their ability."
Might it be worth creating a subsection where you detail that which is outright illegal in terms of the crmininal code and identify which statutes and laws those behaviors contravene? That would both let the institutions know that you've done your homework and help those who wish to complain about mistreatment to specifically identify the laws being broken when making a complaint to police. It may also - by suggesting clearly to providers that complaints to police are on the menu - encourage greater compliance with the more egregious offenses, like endangering a client's safety while committing a crminial offence (buying drugs). I don't know what the laws are in your jurisdiction, but extorting funds with menaces (including threatening to withdraw needed services), receiving money by fraudulent means, and theft by deception are charges I've seen used in the past on persons preying on the vulnerable, either physically or mentally so. You might also consider the fact that, if you're in the United States, some of your patients may be using Medicare and/or Medicaid money to pay for some services. If this is the case, fraudulent claims - including claiming to supply a service that is not truly being provided - might also give you a legal toehold: i.e., accusing them of providing so low a standard of service as to represent fraudulent claims of care.
Naturally, you'll want to work within the welfare and social services system to also ensure that they are providing the services needed to an acceptable standard. But if you need to motivate individual operators, letting them know that in extreme cases the police may also be called in - and letting your people know how to do it - is also worth a shot.
A last note; be sure that you know precisely what your limitations are. The Americans with Disabilities Act has in the past been interpreted to mean that "appropriate care" does not necessarily mean "best possible care." Check up on the local history of enforcement and know what will and will not fly, particularly on tricky ground like respect for preferences and maximizng liberty at the possible risk of lawsuits - which, I think, you're right in identifying as a major source of inertia and unwillingness to institute more active programs.
Shanglan
Might it be worth creating a subsection where you detail that which is outright illegal in terms of the crmininal code and identify which statutes and laws those behaviors contravene? That would both let the institutions know that you've done your homework and help those who wish to complain about mistreatment to specifically identify the laws being broken when making a complaint to police. It may also - by suggesting clearly to providers that complaints to police are on the menu - encourage greater compliance with the more egregious offenses, like endangering a client's safety while committing a crminial offence (buying drugs). I don't know what the laws are in your jurisdiction, but extorting funds with menaces (including threatening to withdraw needed services), receiving money by fraudulent means, and theft by deception are charges I've seen used in the past on persons preying on the vulnerable, either physically or mentally so. You might also consider the fact that, if you're in the United States, some of your patients may be using Medicare and/or Medicaid money to pay for some services. If this is the case, fraudulent claims - including claiming to supply a service that is not truly being provided - might also give you a legal toehold: i.e., accusing them of providing so low a standard of service as to represent fraudulent claims of care.
Naturally, you'll want to work within the welfare and social services system to also ensure that they are providing the services needed to an acceptable standard. But if you need to motivate individual operators, letting them know that in extreme cases the police may also be called in - and letting your people know how to do it - is also worth a shot.
A last note; be sure that you know precisely what your limitations are. The Americans with Disabilities Act has in the past been interpreted to mean that "appropriate care" does not necessarily mean "best possible care." Check up on the local history of enforcement and know what will and will not fly, particularly on tricky ground like respect for preferences and maximizng liberty at the possible risk of lawsuits - which, I think, you're right in identifying as a major source of inertia and unwillingness to institute more active programs.
Shanglan
