Acts and Regulations

2025-33 - Nursing Homes Act

Table of contents
Full text
NEW BRUNSWICK
REGULATION 2025-33
under the
Nursing Homes Act
(O.C. 2025-135)
Filed August 7, 2025
1Section 9.01 of New Brunswick Regulation 85-187 under the Nursing Homes Act is amended
(a) in subsection (1) by striking out “two nursing homes in the request” and substituting “in the request one or more nursing homes in no order of priority”;
(b) by repealing subsection (2);
(c) in subsection (4) by striking out “(1) to (3)” and substituting “(1) and (3)”.
2Section 9.03 of the Regulation is amended
(a) by repealing subsection (8) and substituting the following:
9.03(8)The name of a prospective resident who refuses two regular placements at a nursing home that offers services in the official language of choice of the prospective resident shall be removed from all wait lists if
(a) the prospective resident selected the nursing home or nursing homes, as the case may be, in the request, or
(b) in the case of a prospective resident referred to in subsection 9.01(4), the nursing home or nursing homes, as the case may be, have the type of specialized unit required to care for the prospective resident.
(b) by adding after subsection (9) the following:
9.03(10)A prospective resident whose name is removed from all wait lists under subsection (8) may make a request for admission under subsection 9.01(1) no earlier than 12 weeks after the date their name is removed.
3The heading “Critical state” preceding section 9.05 of the Regulation is repealed and the following is substituted:
Alternate admission process
4Section 9.05 of the Regulation is amended
(a) by adding before subsection (1) the following:
9.05(0.1)For the purposes of this section, “regional hospital” means
(a) Campbellton Regional Hospital,
(b) Chaleur Regional Hospital (Bathurst),
(c) Dr. Everett Chalmers Regional Hospital (Fredericton),
(d) Dr. Georges-L.-Dumont University Hospital Centre (Moncton),
(e) Edmundston Regional Hospital,
(f) Miramichi Regional Hospital,
(g) Saint John Regional Hospital, or
(h) The Moncton Hospital.
(b) by repealing subsection (1) and substituting the following:
9.05(1)The Minister may determine that an operator or an admissions committee is required to select a prospective resident in accordance with an alternate admission process if the Minister determines that one of the following exceptional circumstances exists:
(a) the health and safety of a prospective resident on the provincial wait list is of serious concern; or
(b) a regional hospital requires a significant reduction in the number of alternative level of care patients.
(c) by adding after subsection (1) the following:
9.05(1.1)In making a determination as to whether the circumstances referred to in paragraph (1)(a) exist, the Minister shall consider whether the prospective resident is
(a) the subject of an investigation under section 35 of the Family Services Act, or
(b) at immediate risk of becoming the subject of an investigation under section 35 of the Family Services Act if the prospective resident is not admitted to a nursing home.
9.05(1.2)In making a determination as to whether the circumstances referred to in paragraph (1)(b) exist, the Minister shall consider whether, in the previous seven days,
(a) the occupancy rate of funded beds in the regional hospital has been over 95%, and
(b) the occupancy rate of funded beds by alternate level of care patients in the regional hospital has been over 25%.
9.05(1.3)Despite any other provision in this Part, if the Minister determines that the circumstances referred to in paragraph (1)(a) exist, the Minister may require that an operator or an admissions committee select the prospective resident referred to in paragraph (1)(a) for the purposes of a regular placement or 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 the purposes of regular placements.
(d) by repealing subsection (2) and substituting the following:
9.05(2)Despite any other provision in this Part, if the Minister determines that the circumstances referred to in paragraph (1)(b) exist, the Minister may require that an operator or an admissions committee 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 regional hospital but who remains in the regional hospital as an alternative level of care patient for the purposes of a regular placement, or
(b) if there are no prospective residents who meet the criteria referred to in paragraph (a), the next prospective resident from the nursing home’s wait list referred to in paragraph 9.01(3)(c) who has been discharged from the regional hospital but who remains in the regional hospital 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 the purposes of regular placements.
(e) in subsection (3) by striking out “prospective residents in accordance with subsection (2)” and substituting “a prospective resident in accordance with subsection (1.3) or (2)”;
(f) by repealing subsection (4) and substituting the following:
9.05(4)A determination by the Minister that the circumstances referred to in paragraph (1)(b) exist is effective for a period of not more than 120 days, after which time the Minister may make further determinations with respect to the existence of the circumstances.
(g) by adding after subsection (4) the following:
9.05(5)If the Minister determines that an operator or an admissions committee is required to select the prospective resident referred to in paragraph (1)(a) during the period referred to in subsection (4), that prospective resident takes priority over the prospective resident referred to in subsection (2).
Commencement
5(1)Sections 1 and 2 of this Regulation come into force on September 26, 2025.
5(2)Sections 3 and 4 of this Regulation come into force on August 15, 2025.