The past decade has witnessed many Senior Care operators investing in the Memory Care business.
High Dependency Care including Dementia/Alzheimer’s care is the cash cow of the Aged Care sector, probably that is why specialized care homes are mushrooming all over the country.
While most of them are doing great work, the larger question is, which government department is regulating them? Another important question is, under which Legislative Act should Memory Care be registered.
Unfortunately, no documented discussion is available on the service delivery implications of care homes or home care for Dementia / Alzheimer’s.
Mental Healthcare Act 2017 is “An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare
and services and for matters connected therewith or incidental thereto.”
Though dementia is not a mental illness, yet it is/can be a condition which may impact a person’s mental capacity.
Section 2 of MHCA, under sub clause (s) states “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, …………”
Though MHCA does not talk about mental health of older people or defines Dementia, yet in the definition of mental illness it states “memory that grossly impairs judgment”. In my opinion these words can also be interpreted w.r.t mental capacity.
As per MHCA, “Mental health establishment” means any health establishment, including Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or partly, meant for the care of persons with mental illness, ………. are admitted and reside at, or kept in, for care, treatment, convalescence and rehabilitation, either temporarily or otherwise; and includes any general hospital or general nursing home ……….”
The point of debate is, if Ayurveda, Yoga centers can come under Mental Health Establishments, then why should Senior Citizen Care Homes which are involved with Dementia Care not come under the purview of MHCA?
As per MHCA, “No person or organisation shall establish or run a mental health establishment unless it has been registered with the Authority under the provisions of this Act.”
I feel it is important that in-depth research is required on the legal implications of Dementia Care & national standards should be developed w.r.t Memory Care.
An interesting article by Harbishettar V, Gowda M, Tenagi S, Chandra M. – “Regulation of Long-Term Care Homes for Older Adults in India”. Indian J Psychol Med. 2021;43(5S):88S–96S. is attached for reference.
The full document on “Regulation of Long-Term Care Homes in India” can be accessed here or on SageJournals.
Pankaj Mehrotra