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O. Reg. 121/02: GENERAL

filed March 28, 2002 under Nursing Homes Act, R.S.O. 1990, c. N.7

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ONTARIO regulation 121/02

made under the

nursing homes act

Made: March 20, 2002
Filed: March 28, 2002
Printed in The Ontario Gazette: April 13, 2002

Amending Reg. 832 of R.R.O. 1990

(General)

1. (1) Subsection 1 (1) of Regulation 832 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“continuum of care applicant”, in relation to a continuum of care nursing home, means a person who resides in a project set out opposite the nursing home in Column 2 of the Continuum of Care Facilities Table and has resided there as of a date earlier than July 1, 1994;

“Continuum of Care Facilities Table” means the table published by the Ministry of Health and Long-Term Care that is titled “Continuum of Care Facilities Table” and that is dated October 24, 1996;

“continuum of care nursing home” means a nursing home set out in Column 1 of the Continuum of Care Facilities Table;

“interim bed” means a bed that exists in a nursing home for a temporary period of time under the terms of a service agreement for interim beds;

(2) The definitions of “private room” and “registered nurse” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“private room” means a room with one bed, other than,

(a) a room with one bed that is part of a semi-private room described in clause (b) of the definition of “semi-private room”, or

(b) a room that is designated by a licensee as a standard room;

“registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991;

(3) The definition of “registered practical nurse” in subsection 1 (1) of the Regulation is amended by striking out “person holding” and substituting “member of the College of Nurses of Ontario who holds”.

(4) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“related temporary approved charitable home for the aged” has the same meaning as in Regulation 69 of the Revised Regulations of Ontario, 1990 made under the Charitable Institutions Act;

“related temporary home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“related temporary nursing home” means, where all or some of the beds in a nursing home are to be temporarily or permanently closed, another nursing home, if any, that is operated by the same licensee and is to provide beds to residents of the original nursing home on a temporary basis until beds in the re-opened nursing home or replacement nursing home are available for those residents;

“re-opened approved charitable home for the aged” has the same meaning as in Regulation 69 of the Revised Regulations of Ontario, 1990 made under the Charitable Institutions Act;

“re-opened home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“re-opened nursing home” means, where all or some of the beds in a nursing home are to be temporarily closed, the same nursing home once those beds are re-opened;

“replacement approved charitable home for the aged” has the same meaning as in Regulation 69 of the Revised Regulations of Ontario, 1990 made under the Charitable Institutions Act;

“replacement home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“replacement nursing home” means, where all or some of the beds in a nursing home are to be permanently closed, the new nursing home, if any, to be operated by the same licensee and to serve as a replacement for the beds being closed in the original nursing home;

(5) The definition of “semi-private room” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“semi-private room” means,

(a) a room with two beds, other than a room that is designated by a licensee as a standard room, or

(b) a room with one bed that is joined to another room with one bed by a washroom shared by both rooms, other than a room that is designated by a licensee as a standard room;

(6) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“veterans’ priority access bed” means a bed that has been designated as a veteran’s priority access bed under section 20.3 of the Act.

2. Clauses 7 (b) and (c) of the Regulation are revoked and the following substituted:

(b) to facilitate the admission to the nursing home of residents of any facility which is closing all or some of its beds permanently or temporarily;

(c) to facilitate the admission to the nursing home of a person who requires immediate admission as a result of a crisis arising from the person’s condition or circumstances;

3. Clause 48 (2) (a) of the Regulation is revoked and the following substituted:

(a) the licensee is informed by the inter-disciplinary team providing the resident’s care or, in the case of a resident who is absent from the nursing home, by the resident’s physician, that the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, and other arrangements are made to provide the accommodation, care and secure environment required by the resident;

4. Section 49 of the Regulation is revoked and the following substituted:

49. (1) A licensee of a nursing home shall require the inter-disciplinary team providing a resident’s care to inform the licensee if the team is of the opinion that the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident.

(2) If a licensee of a nursing home is informed by the inter-disciplinary team providing a resident’s care that, in the opinion of the team, the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, the licensee shall ensure that arrangements are made for the resident to be admitted to a hospital or other facility better suited to provide the accommodation, care and secure environment required by the resident.

5. Section 86 of the Regulation is revoked and the following substituted:

86. (1) A licensee of a nursing home who intends to close all or some of the beds in the home permanently or temporarily shall, no later than 16 weeks before the date of the closure, give written notice of the licensee’s intention to,

(a) the Director;

(b) the administrator of the nursing home;

(d) each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care.

(2) Forthwith after receiving a notice under subsection (1), the placement co-ordinator shall contact each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, in order to begin the process of authorizing the resident’s admission to another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act.

6. The Regulation is amended by adding the following section:

Information

128.1 When a person who wishes to seek admission to a nursing home contacts a placement co-ordinator, the placement co-ordinator shall provide the person with information about retirement homes and other alternative services that the person may wish to consider.

7. Subsections 130 (4) and (5) of the Regulation are revoked.

8. (1) Clauses 134 (1) (c) and (d) of the Regulation are revoked and the following substituted:

(i) a member of the College of Physicians and Surgeons of Ontario, or

(ii) a registered nurse who holds a general certificate of registration or an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991;

(d) an up-to-date functional assessment of the person conducted by a health or social service provider approved by the placement co-ordinator; and

(2) Subsections 134 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Despite subsection (1), the following persons are not required to establish that they are at least 18 years old and are not required to comply with clauses (1) (b), (c) and (d):

1. A long-stay resident applying for a determination of eligibility for the purpose of transferring to another nursing home as a long-stay resident.

2. A long-stay resident under the Homes for the Aged and Rest Homes Act or the Charitable Institutions Act applying for a determination of eligibility for the purpose of transferring to a nursing home as a long-stay resident.

(3) Despite subsection (1), a person described in a paragraph of subsection (2) who is applying for a determination of eligibility for the purpose of transferring to a related temporary nursing home, a re-opened nursing home or a replacement nursing home as a long-stay resident is not required to provide his or her request for a determination respecting his or her eligibility in the form provided by the Minister, if he or she is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the closure of his or her bed in the home.

(3) Subsection 134 (4) of the Regulation is amended by striking out “category 1” and substituting “category 1A”.

9. (1) Clause 136 (1) (c) of the Regulation is amended by striking out “148” at the end and substituting “148.4”.

(2) Section 136 of the Regulation is amended by adding the following subsection:

(1.1) Despite clause (1) (a), a request for authorization of admission need not be in writing if it is a request for authorization of admission as a long-stay resident with respect to a related temporary nursing home, a re-opened nursing home or a replacement nursing home made by a person who is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the closure of his or her bed in the home.

10. Subsection 137 (1) of the Regulation is amended by adding “Subject to sections 137.1 and 138.1” at the beginning.

11. The Regulation is amended by adding the following section:

137.1 (1) A placement co-ordinator shall not provide the information and request referred to in subsection 137 (1) to a licensee of a nursing home selected by an applicant if, at that point in time, the total number of nursing homes, approved charitable homes for the aged under the Charitable Institutions Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, is three or more.

(2) If, at a later point in time, the total number of nursing homes, approved charitable homes for the aged under the Charitable Institutions Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, is less than three, the placement co-ordinator may then provide the information and request referred to in subsection 137 (1) to a licensee of another nursing home selected by the applicant so long as, at any point in time, the total number of nursing homes, approved charitable homes for the aged under the Charitable Institutions Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, does not exceed three.

(3) This section does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list for the nursing home if the licensee approves his or her admission to the home.

12. Subsection 138 (1) of the Regulation is amended by adding “Subject to section 138.1” at the beginning.

13. The Regulation is amended by adding the following section:

138.1 (1) Sections 137 and 138 do not apply to a related temporary nursing home, a re-opened nursing home or a replacement nursing home.

(2) The licensee of a related temporary nursing home, a re‑opened nursing home or a replacement nursing home shall be deemed to approve the admission to the home as a long-stay resident of any person who is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the closure of his or her bed in the home.

14. (1) Subsection 139 (2) of the Regulation is amended by striking out “152” and substituting “150”.

(2) Section 139 of the Regulation is amended by adding the following subsection:

(3) Each placement co-ordinator shall also keep a refusal list for the purposes of section 141.

15. Sections 140 to 152 of the Regulation are revoked and the following substituted:

140. (1) The placement co-ordinator designated for a nursing home under subsection 20.1 (3) of the Act shall place a person on the waiting list for the nursing home if, and only if,

(a) the person is determined by a placement co-ordinator to be eligible for admission to a nursing home;

(b) the person applies in accordance with this Regulation for authorization of his or her admission to the home;

(d) placing the person on the waiting list for the home will not result in the total number of waiting lists for nursing homes, approved charitable homes for the aged under the Charitable Institutions Act and homes under the Homes for the Aged and Rest Homes Act on which the person is placed exceeding three.

(2) Clause (1) (d) does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list.

141. (1) A person shall be removed from the waiting list for each nursing home to which the person is awaiting admission as a long-stay resident and shall be placed on the refusal list if,

(a) the person,

(i) is a long-stay resident of another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act, or

(ii) is not described in subclause (i) and does not occupy a bed in,

(A) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(B) a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and that is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, or

(C) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; and

(b) a placement co-ordinator offers to authorize the person’s admission to a nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act as a long-stay resident, and the person,

(i) refuses to consent to admission,

(ii) refuses to enter into the written agreement mentioned in clause 155 (1) (e) of this Regulation, clause 86 (1) (e) of Regulation 69 of the Revised Regulations of Ontario, 1990 made under the Charitable Institutions Act or clause 12.21 (1) (e) of Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act, as applicable, or

(iii) fails to move into the facility on or before the fifth day following the day on which he or she is informed of the availability of accommodation.

(2) Subsection (1) does not apply if the reason the person acts in the manner described in subclause (1) (b) (i), (ii) or (iii) is that the person has a short-term illness or injury which,

(a) prevents the person from moving into the facility at that time; or

(b) would make moving into the facility at that time detrimental to the person’s health.

(3) If a person described in subclause (1) (a) (i) is removed from the waiting list for a nursing home under subsection (1), the person shall be placed on the waiting list for the home again to await admission as a long-stay resident if,

(a) the person provides to the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act a new written request for authorization of his or her admission to the home as a long-stay resident; and

(b) placing the person on the waiting list for the home will not result in the total number of waiting lists for nursing homes, approved charitable homes for the aged under the Charitable Institutions Act and homes under the Homes for the Aged and Rest Homes Act on which the person is placed exceeding three.

(4) If a person described in subclause (1) (a) (ii) is removed from the waiting list for a nursing home under subsection (1), the person shall be placed on the waiting list for the home again to await admission as a long-stay resident if,

(i) the request is provided 24 weeks or more after the day the person was removed from the waiting list, or

(ii) the request is provided less than 24 weeks after the day the person was removed from the waiting list but there has been a deterioration in the person’s condition or circumstances; and

(5) Clause (4) (b) does not apply to a person who will be placed in category 1A on the waiting list for the home.

141.1 (1) A person may be removed from the waiting list for a nursing home to which the person is awaiting admission as a short-stay resident if the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act offers to authorize the person’s admission to the home and the person,

(a) refuses to consent to admission; or

(b) fails to move into the home on the day agreed to by the person.

(2) A person who is removed from the waiting list for a nursing home under subsection (1) shall be placed on the waiting list for the home again to await admission as a short-stay resident if the person provides to the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act a new written request for authorization of his or her admission to the home as a short-stay resident.

Placement into Categories on Waiting List

142. Sections 143 to 148.4 apply only to persons who meet the requirements of section 140 or subsection 141 (3) or (4) or 141.1 (2) for placement on a waiting list.

143. (1) A person shall be placed in category 1A on the waiting list for a nursing home if the person requires immediate admission as a result of a crisis arising from the person’s condition or circumstances.

(2) A person shall be placed in category 1A on the waiting list for a nursing home if,

(a) the person occupies a bed in,

(i) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(ii) a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in‑patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, or

(iii) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; and

(b) there will be no bed for the person in the hospital or facility within six weeks as a result of,

(i) a permanent closure of all or some of the beds in the hospital or facility, or

(ii) a temporary closure of all or some of the beds in the hospital or facility due to an emergency or redevelopment.

(3) A person shall be placed in category 1A on the waiting list for a nursing home if,

(a) the person is a long-stay resident of another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act; and

(b) there will be no bed for the person in the facility within six weeks as a result of a permanent or temporary closure of all or some of the beds in the facility.

144. A person shall be placed in category 1B on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A;

(b) the home is primarily engaged in serving the interests of persons of a particular religion, ethnic origin or linguistic origin; and

145. (1) A person shall be placed in category 2 on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person occupies a bed in,

(i) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(iii) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act.

(2) A person shall be placed in category 2 on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A or 1B;

(b) the person is a long-stay resident of another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act; and

(c) there will be no bed for the person in the facility within 16 weeks as a result of a permanent or temporary closure of all or some of the beds in the facility.

(3) A person shall be placed in category 2 on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A or 1B;

(b) the person was or is a long-stay resident of another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act; and

(i) because the facility cannot provide a sufficiently secure environment to ensure the safety of that person or the safety of persons who come into contact with that person, or

(ii) because of an absence for the purpose of receiving medical or psychiatric care or undergoing medical or psychiatric assessment.

(4) A person shall be placed in category 2 on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person requires admission within three months because,

(i) should there be any change in the person’s condition or circumstances, the person would require immediate admission as a result of a crisis arising from the person’s condition or circumstances, or

(ii) attending to the person’s care needs is jeopardizing the health and well-being of the person’s caregiver.

(5) A person shall be placed in category 2 on the waiting list for a nursing home if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person’s spouse or partner is a long-stay resident of the nursing home or neither the person nor his or her spouse or partner is a long-stay resident of the nursing home but both wish to reside in the nursing home.

(6) If a person applies for authorization of his or her admission to a nursing home, a home under the Homes for the Aged and Rest Homes Act or an approved charitable home for the aged under the Charitable Institutions Act as a long-stay resident and a placement co-ordinator, with the consent of the person, authorizes the person’s admission to a facility that is not the person’s first choice, the person shall, if he or she wishes, be kept on the waiting lists for the person’s preferred nursing homes and shall be placed in category 2.

146. Despite sections 143 to 145, a person shall be placed in the veteran category on the waiting list for a nursing home if,

(a) the home contains veterans’ priority access beds;

(b) the person has applied for authorization of his or her admission to a veteran’s priority access bed; and

147. Despite sections 143 to 145, a person shall be placed in the exchange category on the waiting list for a nursing home if,

(a) the person,

(i) occupies a bed in a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(ii) occupies a bed in a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act,

(iii) occupies a bed in a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act, or

(iv) is a long-stay resident of another nursing home, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act;

(b) the person is the subject of an agreement between the nursing home to which the person seeks admission, at least one hospital or facility mentioned in subclause (a) (i), (ii) or (iii) and possibly one or more other hospitals, facilities or homes, to exchange identified residents or patients, in order to meet the specialized requirements of any of the exchanged residents or patients; and

(c) the result of the exchange will be that the person will become a resident of the nursing home to which the person seeks admission and a resident of the nursing home will be discharged.

148. Despite sections 143 to 145 and section 147 but subject to section 146, a person shall be placed in the related temporary nursing home category on the waiting list for a nursing home if,

(a) the nursing home is or will be a related temporary nursing home; and

(b) the person is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the closure of his or her bed in the home.

148.1 Despite sections 143 to 145 and section 147 but subject to section 146, a person shall be placed in the re-opened nursing home category on the waiting list for a nursing home if,

(a) the nursing home is or will be a re-opened nursing home; and

(b) the person is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the temporary closure of his or her bed in the home.

148.2 Despite sections 143 to 145 and section 147 but subject to section 146, a person shall be placed in the replacement nursing home category on the waiting list for a nursing home if,

(a) the nursing home is or will be a replacement nursing home; and

(b) the person is a long-stay resident of the original nursing home or was a long-stay resident of the original nursing home immediately before the permanent closure of his or her bed in the home.

148.3 A person shall be placed in category 3 on the waiting list for a nursing home if the person does not meet the requirements for placement in any other category.

148.4 (1) Sections 143 to 148.3 do not apply to a person applying for authorization of admission to a nursing home as a short-stay resident in the respite care or supportive care program.

(2) A person referred to in subsection (1) shall be placed in the short-stay category on the waiting list for the nursing home.

Ranking of Categories

149. For each class of beds set out in a column of Table 4, the categories on the waiting list shall be ranked in the order set out in the rows below that class of beds, such that a category mentioned in a higher row ranks ahead of a category mentioned in a lower row.

Ranking Within Categories

150. (1) Within a waiting list category set out in Column 1 of Table 5, persons shall be ranked for admission in accordance with the rules set out opposite the category in Column 2 of Table 5.

(2) If, within six weeks after making his or her first application for authorization of admission to one or more nursing homes, homes under the Homes for the Aged and Rest Homes Act or approved charitable homes for the aged under the Charitable Institutions Act as a long-stay resident, and before being admitted to one of such facilities, a person makes one or more additional applications for authorization of his or her admission to one or more nursing homes as a long-stay resident, the additional applications made within the six-week period shall, for the purpose of Table 5, be deemed to have been made at the time that the first application was made.

(3) If a person who was determined by a placement co-ordinator to be ineligible for admission to a nursing home as a long-stay resident is determined to be eligible for admission as a long-stay resident as a result of an application to the Appeal Board under subsection 20.5 (2) of the Act or an appeal to the Divisional Court under subsection 20.8 (1) of the Act, and if the person then makes an application for authorization of his or her admission to one or more nursing homes, homes under the Homes for the Aged and Rest Homes Act or approved charitable homes for the aged under the Charitable Institutions Act as a long-stay resident,

(a) that application for authorization shall, for the purposes of Table 5, be deemed to have been made at the time that the placement co-ordinator determined that the person was ineligible for admission; and

(b) all additional applications for authorization of admission to one or more nursing homes as a long-stay resident, made by the person within six weeks after making the first application and before being admitted to one of such facilities shall, for the purpose of Table 5, be deemed to have been made at the time that the first application is deemed under clause (a) to have been made.

(4) Despite subsection (2), if a person provides to the placement co-ordinator designated for a nursing home under subsection 20.1 (3) of the Act a new request for authorization of admission to the home under subsection 141 (3) or (4) or 141.1 (2), the person shall, for the purpose of Table 5, be deemed to have applied for authorization of admission to the home at the time of the provision of the new request.

16. (1) Subsection 153 (2) of the Regulation is revoked.

(2) Clause 153 (4) (a) of the Regulation is amended by striking out “or subsection 141 (3)” at the end.

(3) Clause 153 (4) (d) of the Regulation is amended by striking out “a nursing home” at the end and substituting “the nursing home”.

(4) Subsection 153 (5) of the Regulation is revoked and the following substituted:

(5) Persons on a waiting list for interim beds for a nursing home shall be ranked for admission according to the time at which they applied for authorization of their admission to an interim bed in that home.

(6) Subsections 150 (2) and (3) apply with necessary modifications to the ranking of persons on a waiting list for interim beds for a nursing home.

17. (1) Section 154 of the Regulation is amended by striking out “148” and substituting “148.4”.

(2) Section 154 of the Regulation is amended by adding the following subsection:

(2) If a person who is on the waiting list for a nursing home should be placed in a different category on the waiting list as a result of amendments made to this Regulation by Ontario Regulation 121/02, the placement co-ordinator keeping the waiting list shall place the person in the different category.

18. (1) Subsection 155 (1) of the Regulation is amended by striking out “Subject to section 157” at the beginning and substituting “Subject to section 156”.

(2) Clauses 155 (1) (c), (d), (e) and (f) of the Regulation are revoked and the following substituted:

(d) there is no one on the waiting list for the home who is recorded to be waiting for the class of accommodation that is available, who ranks ahead of the person, and whose admission may be authorized under this section; and

(e) in the case of a person who is applying for authorization of his or her admission to the home as a long-stay resident, the person agrees in writing with the licensee of the home that,

(i) the person will move into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home,

(ii) if the person moves into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home, the person will pay,

(A) for each day following the day on which the person is informed of the availability of accommodation in the home and preceding the day on which the person moves into the home, the amount that the licensee would have charged him or her for accommodation for that day had he or she been a long-stay resident lodged in the available accommodation on that day, and

(B) if the person moves into the home on or after the third day following the day on which he or she is informed of the availability of accommodation in the home, the daily bed-holding amount as determined under section 47 for each day from and including the second day following the day on which the person is informed of the availability of accommodation in the home and preceding the day on which the person moves into the home, and

(iii) if the person does not move into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home, the person will pay,

(A) for each of the five days following the day on which the person is informed of the availability of accommodation in the home, the amount that the licensee would have charged him or her for accommodation for that day had he or she been a long-stay resident lodged in the available accommodation on that day, and

(B) for each of the second, third, fourth and fifth days following the day on which the person is informed of the availability of accommodation in the home, the daily bed-holding amount as determined under section 47.

(3) Subsection 155 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of clauses (1) (c) and (d), the following are the classes of accommodation for which a person may be recorded to be waiting:

1. Accommodation for a woman in a respite care or supportive care program.

2. Accommodation for a man in a respite care or supportive care program.

3. Basic accommodation for a woman other than in a respite care or supportive care program.

4. Basic accommodation for a man other than in a respite care or supportive care program.

5. Semi-private accommodation for a woman other than in a respite care or supportive care program.

6. Semi-private accommodation for a man other than in a respite care or supportive care program.

7. Private accommodation for a woman other than in a respite care or supportive care program.

8. Private accommodation for a man other than in a respite care or supportive care program.

(4) Subsection 155 (2.2) of the Regulation is revoked.

(5) Subsection 155 (3) of the Regulation is amended by striking out “third” and substituting “fifth”.

(6) Section 155 of the Regulation is amended by adding the following subsection:

(5) A licensee of a nursing home shall inform the placement co‑ordinator designated for the home under subsection 20.1 (3) of the Act of available accommodation in the home within 24 hours after the accommodation becomes available.

19. Clause 156 (b) of the Regulation is amended by striking out “category 1” and substituting “category 1A”.

20. Subsection 158 (1) of the Regulation is revoked and the following substituted:

(1) A licensee of a nursing home shall keep a transfer list consisting of,

(a) the names of the residents of the home who are requesting a transfer from preferred accommodation in the home to basic accommodation in the home; and

(b) the names of the residents of the home who are requesting a transfer from private accommodation in the home to semi-private accommodation in the home.

21. The heading to Table 1 of the Regulation is revoked and the following substituted:

TABLE 1
SUBSIDY CALCULATION WORKSHEET

22. The heading to Table 3 of the Regulation is revoked and the following substituted:

TABLE 3
RESIDENT PAYMENTS

23. The Regulation is amended by adding the following Tables:

TABLE 4
RANKING OF WAITING LIST CATEGORIES

	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Class of Beds	Beds in a related temporary nursing home, other than veterans’ priority access beds	Beds in a re‑opened nursing home, other than veterans’ priority access beds	Beds in a replacement nursing home, other than veterans’ priority access beds	Veterans’ priority access beds in a nursing home, other than a related temporary, re‑opened or replacement nursing home	Veterans’ priority access beds in a related temporary, re‑opened or replacement nursing home	All other beds in a nursing home
Waiting List Categories	Related temporary	Re-opened	Replacement	Veteran	Veteran	Exchange
	Exchange	Exchange	Exchange	Exchange	Related temporary, re‑opened or replacement, as applicable	1A
	1A	1A	1A	1A	Exchange	1B
	1B	1B	1B	1B	1A	2
	2	2	2	2	1B	3
	3	3	3	3	2
					3

TABLE 5
rULES FOR RANKING WITHIN CATEGORIES

Item	Column 1	Column 2
Item	Category	Rules
1.	Related temporary, re-opened and replacement nursing home	Persons shall be ranked according to the date of their admission to the original nursing home.
2.	Veteran	(a) Veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall rank ahead of all other veterans. (b) As among themselves, veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall be ranked according to the urgency of their need for admission. (c) Veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants on the waiting list for the continuum of care nursing home shall rank ahead of all other veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances. (d) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the nursing home. (e) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances and are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the nursing home.
3.	1A	Persons shall be ranked according to the urgency of their need for admission.
4.	All categories, other than those in items 1, 2, 3 and 5	(a) Persons who are continuum of care applicants on the waiting list for the continuum of care nursing home shall rank ahead of all other persons in the same category. (b) As among themselves, persons in the same category who are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the nursing home. (c) As among themselves, persons in the same category who are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the nursing home.
5.	Short-stay	Persons shall be ranked according to the time at which they applied for authorization of their admission to the nursing home.

24. This Regulation comes into force on May 1, 2002.

15/02

O. Reg. 121/02: GENERAL

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