Acts and Regulations

2022-82 - Nursing Homes Act

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NEW BRUNSWICK
REGULATION 2022-82
under the
Nursing Homes Act
(O.C. 2022-330)
Filed December 15, 2022
1New Brunswick Regulation 85-187 under the Nursing Homes Act is amended by adding after section 9.04 the following:
Critical state
9.05(1)The Minister may determine that a hospital facility operated by a regional health authority, as that term is defined in the Regional Health Authorities Act, is in a critical state and, in doing so, shall consider whether
(a) the occupancy rate of the emergency room exceeds the capacity of the hospital facility and there are prolonged off-loading delays from ambulance bays,
(b) the occupancy rate of acute care units exceeds the capacity of the hospital facility, and
(c) critical surgeries to be performed at the hospital facility are being cancelled due to a lack of available hospital beds.
9.05(2)Despite any other provision in this Part, if the Minister determines that a hospital facility is in a critical state, the Minister may determine that an operator or an admissions committee is required to select
(a) the next prospective resident from the nursing home’s wait list referred to in paragraph 9.01(3)(b), who has been discharged from the hospital facility but remains in the hospital facility as an alternative level of care patient, for the purposes of a regular placement, or
(b) if there are no prospective residents referred to in paragraph (a), the next prospective resident from the provincial wait list referred to in paragraph 9.01(3)(a), who has been discharged from the hospital facility but remains in the hospital facility as an alternative level of care patient, for the purposes of an interim placement in accordance with section 9.02, despite the fact there may be prospective residents on the wait list of the nursing home for regular placements.
9.05(3)If an operator or an admissions committee is required to select prospective residents in accordance with subsection (2), the Minister shall notify the operator or the admissions committee.
9.05(4)A determination by the Minister that an operator or an admissions committee is required to select prospective residents in accordance with subsection (2) is effective for a period of not more than 30 days, after which time the Minister may make further determinations in accordance with subsections (1) and (2).