KUALA LUMPUR: The government must ensure a swift licence renewal process for elderly care centres to avoid legal consequences that can jeopardise the residents' welfare, says a legal expert.
Dr Sheela Jayabalan, associate professor at Universiti Teknologi Mara's Faculty of Law, warned that operating without a valid licence could lead to severe repercussions if an incident involving the elderly occurred.
"The liability would be significant, as the centre would be seen as operating illegally, potentially invalidating insurance coverage and exposing the centre to considerable financial risk," she told the New Straits Times.
Dr Jayabalan emphasised that the Social Welfare Department had the authority to intervene if a centre loses its licence.
"This might include relocating residents to licensed facilities or assisting families in finding alternative care options. Residents are protected under the Care Centres Act 1993 and other laws, ensuring their safety and well-being," she added.
Reports indicate that the rigid process for licence renewal is forcing nearly 80 per cent of private and non-governmental organisation-run senior care centres to operate without a licence.
Association for Residential Aged Care Operators of Malaysia (AgeCope) president Delren Terrence Douglas said that only 401 out of 2,000 senior care homes in the country had successfully renewed their licences.
He highlighted the government's inability to shut down unlicensed homes due to the high number of residents and limited public senior care centres.
Dr Jayabalan outlined common legal challenges for care centres, including compliance with the Care Centres Act 1993, financial constraints, and the need for regular inspections and updated documentation.
She suggested introducing a phased compliance system with provisional licences and legal reforms to streamline the licensing process, such as digitising applications and renewals.
Zara Aisyah Care Centre (ZACC) CEO Wan Salbiah Mior Yahya described the challenges in obtaining and renewing licences, citing complex and inconsistent regulatory requirements across different jurisdictions.
"The extensive paperwork, frequent changes in regulations, and the need for regular compliance checks make the process time-consuming and resource-intensive," she said.
Michael Yee, co-founder of Wan Hing Group, echoed these concerns, stressing on the difficulties in meeting conflicting regulatory requirements.
"For instance, the Fire Department requires all doors to be fire-resistant, which is impractical for elderly residents who may struggle to open them. The cost of installing such doors is also prohibitive," he explained.
Pacific Senior Living (PSL) interim CEO Dr Ramnan Jeyasingam acknowledged the lengthy licensing process but stressed its necessity to avoid inadequacies.
He shared that PSL's application for a new licence commenced in July 2023 and was completed in January 2024, involving multiple agencies including the Social Welfare Department, district health office, fire department, and local town council.
"There is a need for comprehensive and accessible information, clear guidelines, and centralised online platforms to improve the licensing process for care operators," added Wan Salbiah.
The call for streamlined processes and better support highlights the critical need for regulatory improvements to ensure the sustainability and legal compliance of elderly care centres in Malaysia.