Acts and Regulations

85-187 - General

Section 9.03
Disposition versions

Full text
Selection process with respect to regular placements
2021-86
9.03(1)For the purposes of this section, “responsive behaviours” means behaviours that are the result of changes in the brain affecting memory, judgment, orientation, mood and behaviour and often indicate
(a) an unmet need in a person, whether cognitive, physical, emotional, social, environmental or other, or
(b) a response to circumstances within the social or physical environment that may be frustrating, frightening or confusing to a person.
9.03(2)An operator or an admissions committee shall select prospective residents from the wait list of the nursing home in chronological order for the purposes of regular placements.
9.03(3)Despite subsection (2), an operator or an admissions committee may skip the next prospective resident on the wait list if
(a) the nursing home is unable to provide services in the official language of choice of the next prospective resident,
(b) the nursing home is unable to meet one or more of the following needs of the next prospective resident:
(i) the need to be admitted to a specialized unit,
(ii) the need for peritoneal dialysis treatment,
(iii) the need for specialized bariatric care, or
(iv) the need for specialized care dealing with responsive behaviours,
(c) a resident of a different gender must be selected due to bedroom or bathroom configurations,
(d) infection control concerns would be created due to bedroom or bathroom configurations, or
(e) the available bed is located in a room that is configured to meet specialized needs that the next prospective resident does not have.
9.03(4)An operator or an admissions committee may select for admission to a nursing home a person who is not the next prospective resident on the wait list if
(a) the person is the spouse of a resident and meets the requirements for admission to a nursing home or a special care home, being a community placement resource as defined in section 23 of the Family Services Act,
(b) the person is a child, parent or sibling of a resident and meets the requirements for admission to a nursing home or a special care home, being a community placement resource as defined in section 23 of the Family Services Act, and either the person or the resident was previously dependent on the other because of a physical or mental disability that substantially limits the ability of the person or resident to carry out normal daily activities, or
(c) the available bed is identified and funded for priority access by a veteran and the nursing home has been selected by a veteran whose name is registered on the wait list.
9.03(5)An operator or an admissions committee relying on a factor referred to in subsection (3) or (4) to select a prospective resident who is not the next prospective resident on the wait list shall make a request to the Minister in writing with reasons.
9.03(6)If a nursing home is unable to meet the needs referred to in paragraph (3)(b) of the next prospective resident, the operator or admissions committee shall develop a plan to accommodate the next prospective resident or future prospective residents with similar needs, if possible, and shall send the plan to the Minister with the request referred to in subsection (5).
9.03(7)Within two business days after receiving a request referred to in subsection (5), the Minister shall approve or reject the request and notify the operator or admissions committee and the operator or admissions committee shall act in accordance with the decision of the Minister.
9.03(8)The name of a prospective resident shall be placed at the bottom of all wait lists if the prospective resident does not accept a regular placement at a nursing home that offers services in the official language of choice of the prospective resident, if the nursing home
(a) was selected by the prospective resident in the request, or
(b) has the type of specialized unit required to care for the prospective resident, in the case of a prospective resident referred to in subsection 9.01(4).
9.03(9)Subsection (8) does not apply to a prospective resident who has been discharged from a hospital facility operated by a regional health authority as defined in the Regional Health Authorities Act but who remains in the hospital facility as an alternative level of care patient.
2021-86