Home and Community Care Nursing Handbook
Liability and Insurance
Liability issues and insurance requirements are critical issues that need to be considered by all health care delivery organizations/agencies. There are many First Nation communities delivering health and social services under a variety of agreement and administrative arrangements. Within these funding arrangements, there are also contractual agreements, Memorandum of Understandings and/or protocol agreements with independent health professionals and health/social authorities for the provision of specific services. All of these arrangements entail multi-jurisdictional relationships, some of which are defined by provincial legislation, federal Acts and evolving First Nations and provincial legislation.
The introduction and implementation of First Nations and Inuit Home and Community Care (FNIHCC) Program has raised a number of issues around risk for liability. The FNIHCC Program has developed a handbook and training resource designed to build awareness about the risks for liabilities and risk reduction activities. This handbook is not intended to replace legal advice. Rather it is to raise awareness about liability and to facilitate informed decision making by the community and/or delivery authority. In addition, the First Nation and Inuit Health Branch (FNIHB) Health Transfer program has developed a resource guide around insurance, which can be obtained from your Regional (Health Canada's First Nations and Inuit Health Branch) FNIHB Health Transfer office.
Appropriate liability and malpractice insurance is required to cover the employer and the staff delivering services. The following provides a brief definition of liability and insurance requirements with references to the above mentioned resource material.
Liability refers to the legal risk that a person or body may be held accountable for if another person or body suffers an injury or loss. It requires that there be some sort of relationship between the person or body who suffered the injury or loss and the person or body being called accountable for it. That injury or loss can arise from an act or from a failure to act, or from the breach of a term of a contract or duty. (Draft Liability Handbook, 2000)
As an employer of Home and Community Care health services staff, the First Nation or Inuit health authority/organization must obtain necessary insurance coverage and is legally responsible for any harm or damage resulting from its own activities and those of its employees working in the health program. The employer could also be held liable if someone were to have an accident on the property occupied.
First Nations and Inuit health authorities and/or organizations areçurged to seek independent advice as to their potential liabilities and insurance requirements as well as those of their employees and contract workers.
Types of insurance required as per terms and conditions in your Contribution Agreement for Home and Community Care health services include:
- malpractice and liability insurance for professional health staff;
- liability insurance for other health staff;
- general liability insurance; and
- property insurance (not included but recommended).
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