Luxembourg Passes New Law on Service Quality for Elderly

The Luxembourg Chamber of Deputies (Luxembourg's Parliament) passed a new law on the service quality for the elderly on Thursday 20 July 2023.

The new law organises the activities of managing bodies working in the fields of active aging, home care and long-term accommodation for the elderly.

"This law puts the elderly at the centre of attention. It emphasises the quality and transparency of the services and benefits available to the elderly, out of a concern for respect, dignity and the interests of these people", said the Luxembourg Minister for Family Affairs and Integration, Max Hahn, in his speech in parliament.

According to Luxembourg's Ministry, the introduction of a register of accommodation facilities for the elderly aims to provide clear information to those receiving services and to the general public.

Quality management focuses on both the service quality and the process quality to be implemented by organisations managing structures or services for the elderly.

The new law introduces the concept of general regulations and defines their components, in particular the establishment project. It also introduces the concept of general regulation and defines its elements, in particular the project for the development and evolution of the facility. According to the ministry, this forms the foundation of quality management and defines key elements such as the service target group, the range of services, the general care concept and the care concept tailored to the specific needs of users, the complaints management to be applied, the pricing and rate policy applied, and the means of ensuring internal and external communication.

The new law on the service quality for the elderly also aims to clarify infrastructure specifications and the adaptation of staffing levels to ensure a greater presence of qualified staff and better supervision of the target population. Services and establishments will have to undergo quality assessments on a regular basis, supervised by a dedicated unit of the Ministry of Family Affairs, Integration and the Greater Region. These assessments will consist of administrative checks and interviews with residents and clients of the services as well as with professionals. Services with an unsatisfactory rating will have to implement a remedial plan to be approved by the minister.

For homecare and long-term residential services, particular emphasis will be placed on the skills and specific training of supervisory staff. In addition to training requirements in the context of palliative care, a standard has been introduced for training in psycho-geriatrics, as well as training in infection prevention and control and compliance with hygiene and health regulations.

According to the ministry, the new law provides for the creation of a register listing all accommodation facilities for the elderly, in which the services and benefits offered will be published, together with their cost and the standard forms of the accommodation contract for each facility.

A dedicated mediator in the field of services for the elderly will set up national information and mediation service. This service will be a contact point for beneficiaries of services for the elderly, their contact persons as well as the managing bodies.

An ethics committee will have to be set up in homecare and long-stay residential services, providing a point of reference for all residents, families, supervisory staff and management.

The new law also establishes the senior council for the elderly (Conseil supérieur des personnes âgées - CSPA). The CSPA is a consultative body responsible for advising the minister, examining problems relating to the elderly and making proposals for improvements.

The council will be composed of representatives of organisations of and for the elderly, trade unions and representatives of the state. Members will be co-opted based on their professional expertise in the fields of law, medicine, care, social work, human sciences or gerontology, or their social commitment.

The new law establishes the standing committee for the elderly sector (Commission permanente pour le secteur des personnes âgées), aiming to bring together the key stakeholders in the sector. This committee was preceded by an ad hoc committee during the management of the COVID-19 pandemic.

The stakeholders involved in the fields of family politics, social security, long-term care insurance and health have an influence on the management of services for the elderly, particularly in residential facilities, care and assistance networks and daycare centres.

The committee may, among other things, issue recommendations on managers' establishment projects and on the assessments carried out as part of the quality management system. It may also propose all health, financial and administrative measures to improve services for the elderly. In addition, it may, at the request of the minister, carry out or request the carrying out of surveys, analyses, studies, reports or expert appraisals on the various aspects of the situation of services for the elderly.

The new law draft also establishes the conditions under which a building or dwelling may be sold or rented under a name aimed at the elderly.