4 December, 2019
The Private Aged Healthcare Facilities and Services Act 2018 (“the Act”) was gazetted on 29 March 2018 and has yet to come into force. The Act is expected to provide a more holistic regulatory environment for elderly care in Malaysia and ensure that all private healthcare centres and services are licensed and regulated. This would be the first time a specific law has been introduced to regulate and protect the standards of care for the elderly in Malaysia.
Elderly persons, referred to as “aged persons” under the Act, are those of 60 years of age and above. It is expected that the older population in Malaysia will increase and that by 2030, Malaysia will be recognised as an ageing nation with the older population constituting more than 15% of the whole nation. Therefore, it only seems fitting for the law to progress in order to cater for the protection of the older generation.
Key features of the Act
- The Act would apply to both residential and day care facilities
Under the Act, any person providing private aged healthcare facilities and services to four or more aged persons will require an operating licence from the Director General of the Ministry of Health (“MoH”). It is important to note that the Act also applies to day care facilities and not just residential facilities (such as nursing homes). A day care facility is defined as “a facility without residential accommodation where aged healthcare facilities and services are provided for a continuous period exceeding 3 hours per day for at least 3 days in a week”.
For more information, please contact:
Idahani Ismas Ismail, Partner, Zaid Ibrahim & Co (a member of ZICO Law)
idahani.ismas@zicolaw.com
