O. Reg. 83/20: GENERAL
filed March 24, 2020 under Long-Term Care Homes Act, 2007, S.O. 2007, c. 8
Skip to contentontario regulation 83/20
made under the
Long-Term Care Homes Act, 2007
Made: March 24, 2020
Filed: March 24, 2020
Published on e-Laws: March 25, 2020
Printed in The Ontario Gazette: April 11, 2020
Amending O. Reg. 79/10
(GENERAL)
1. Ontario Regulation 79/10 is amended by adding the following section:
Discharge during pandemic
147.1 (1) During a pandemic a licensee of a long-term care home shall discharge a long-stay resident if the resident or the resident’s substitute decision-maker provides a written request to be discharged because of the pandemic.
(2) Every licensee of a long-term care home shall ensure that before a long-stay resident leaves the home pursuant to a request under subsection (1),
(a) a physician or a registered nurse in the extended class attending the resident or a member of the registered nursing staff of the home sets out in writing the care required to be given to the resident once the resident has left the home; and
(b) a member of the licensee’s staff communicates to the resident, or the resident’s substitute decision-maker,
(i) the need to take all reasonable steps to ensure that the care required to be given to the resident is received by the resident after the resident leaves the home,
(ii) that the licensee will not be responsible for the care, safety and well-being of the resident once the resident is discharged, and the resident or the resident’s substitute decision-maker assumes full responsibility for the care, safety and well-being of the resident once the resident is discharged, and
(iii) that when the resident is ready to return to the home, the resident, the resident’s substitute decision-maker or another person acting on behalf of the resident will need to contact the placement co-ordinator to arrange for re-admission.
(3) A resident in the interim bed short-stay program shall be considered to be a long-stay resident for the purposes of this section.
2. Subsection 148 (3) of the Regulation is amended by adding “or subsection 147.1 (1)” after “clause 145 (3) (a), (b) or (d)” in the portion before clause (a).
3. The Regulation is amended by adding the following sections:
Special circumstances, pandemic, hospital admissions
208.2 (1) This section applies in the special circumstance of processing the admission to a long-term care home of a person who occupies a bed in a hospital under the Public Hospitals Act during a pandemic, so as to expedite the reduction of severe capacity pressures facing the hospital.
(2) Where a person described in subsection (1) requires admission to a long-term care home, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part III of the Act:
1. The placement co-ordinator shall make a determination of eligibility for admission to a long-term care home based on as much information as is available in the circumstances about the person’s,
i. physical and mental health,
ii. requirements for medical treatment and health care,
iii. functional capacity,
iv. requirements for personal care, and
v. behaviour.
2. After the person has been determined to be eligible for long-term care home admission, the placement co-ordinator shall select the home for the person even if the person is already on a waiting list for one or more homes.
3. In selecting a home under paragraph 2, the placement co-ordinator shall take into consideration the following factors:
i. The person’s condition and circumstances.
ii. The person’s preferences, including any preferences relating to the proximity of the home or homes to the applicant’s family, home and community and support networks.
iii. The class of accommodation requested by the person.
4. If the home selected by the placement co-ordinator is not in the geographic area of the placement co-ordinator making the offer, that placement co-ordinator shall co-ordinate with the appropriate placement co-ordinator for that home.
5. If the person has not already made an application for authorization of admission, they are not required to make the application for authorization of admission, so long as they have provided consent to the disclosure of all information necessary for the appropriate placement co-ordinator to deal with the application.
6. The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the matters listed in paragraph 1, and this information may be communicated orally.
7. The licensee shall, either orally or in writing, approve or withhold approval of the admission in accordance with subsections 44 (7) to (9) of the Act, as modified by this section, within five days of receiving the information under paragraph 6, and if the licensee withholds approval of the person’s admission, the licensee shall, at the time of withholding, either orally or in writing inform the appropriate placement co-ordinator of the ground or grounds on which the licensee is withholding approval and a brief explanation of why, but is not required to notify the person.
8. Where the person is waiting for admission to a regular long-stay bed, the person shall be placed in category 1 of the waiting list referred to in section 171 in respect of every waiting list on which they are placed, unless the person would otherwise be placed in a higher ranking category.
9. The appropriate placement co-ordinator shall authorize admission to a home only if the information provided to the licensee under paragraph 6 was obtained by the placement co-ordinator within the six months preceding the authorization.
10. The appropriate placement co-ordinator may authorize the person’s admission to preferred accommodation in the home even if basic accommodation has been requested, and in such a case, the licensee shall make the accommodation available as basic accommodation.
11. The appropriate placement co-ordinator shall authorize admission only if the person consents to the admission.
Where pandemic pressures resolved
208.3 (1) This section applies where the Minister has made a determination, and published that determination on a website of the Government of Ontario, that severe capacity pressures experienced by public hospitals under the Public Hospitals Act during a pandemic have improved enough to justify the application of this section, or have improved enough in the area covered by the determination, in which case it applies in that area.
(2) If a resident who was admitted to a long-term care home under section 208.2 applies or has applied for admission to one or more long-term care homes, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part III of the Act:
1. The resident shall be deemed to be eligible for admission to the home or homes they have selected.
2. The resident is not required to make the application for authorization of admission in writing, as long as they have provided consent to the disclosure of all information necessary for the appropriate placement co-ordinator to deal with the application.
3. The licensee of the resident’s home shall assist the placement co-ordinator by providing information about the care that is being given to the resident and information that the licensee has about the resident’s,
i. physical and mental health,
ii. requirements for medical treatment and health care,
iii. functional capacity,
iv. requirements for personal care, and
v. behaviour.
4. The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the matters listed in paragraph 3 and the licensee shall make the decision whether to approve or withhold approval for admission based on this information.
5. For the purposes of ranking the resident within a category under sections 172.1, 173, 174, 175, 176 and 202, the time for which the resident applied for authorization of admission is deemed to be the date of the resident’s admission to the original home, if this date is earlier than the one that would otherwise apply.
6. The appropriate placement co-ordinator shall place the resident in category 1 of the waiting list referred to in section 171 for the resident’s first choice of home, unless the resident would otherwise be placed in a higher ranking category.
7. The appropriate placement co-ordinator shall authorize the admission only if the resident consents to the admission.
Pandemic, admissions from community
208.4 (1) This section applies in the special circumstance of processing the admission to a long-term care home during a pandemic of a person, other than a person described in section 208.2.
(2) Where a person described in subsection (1) requires admission to a long-term care home, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part III of the Act:
1. The placement co-ordinator shall make a determination of eligibility for admission to a long-term care home based on as much information as is available in the circumstances about the person’s,
i. physical and mental health,
ii. requirements for medical treatment and health care,
iii. functional capacity,
iv. requirements for personal care, and
v. behaviour.
2. The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the matters listed in paragraph 1, and this information may be communicated orally.
3. The licensee shall, either orally or in writing, approve or withhold approval of the admission in accordance with subsections 44 (7) to (9) of the Act, as modified by this section, within five days of receiving the information under paragraph 2, and if the licensee withholds approval of the person’s admission, the licensee shall, at the time of withholding, either orally or in writing inform the appropriate placement co-ordinator of the ground or grounds on which the licensee is withholding approval and a brief explanation of why, but is not required to notify the person.
4. Subsection 167 (1) does not apply if the reason a person refuses to consent to admission to a home is that there is a pandemic.
5. The appropriate placement co-ordinator shall authorize the admission only if the person consents to the admission.
Re-admission, pandemic discharges
208.5 (1) Where a person who was discharged under section 147.1 seeks re-admission to the home from which they were discharged three months or less from the date of discharge, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the re-admission and the following modifications are made respecting the application of Part III of the Act:
1. The person shall be deemed to be eligible for admission to the home.
2. The person is not required to make the application for authorization of admission in writing.
3. The licensee shall be deemed to have approved the person’s admission under subsection 44 (7) of the Act.
4. The person shall be placed in the re-admission category of the waiting list referred to in section 177 or section 202, whichever applies, unless the person would otherwise be placed in a higher ranking category.
5. The appropriate placement co-ordinator shall authorize the admission only if the person consents to the admission.
(2) Where a person who was discharged under section 147.1 seeks re-admission to the home from which they were discharged after more than three months from the date of discharge, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the re-admission and the following modifications are made respecting the application of Part III of the Act:
1. The person shall be deemed to be eligible for admission to the home.
2. The person is not required to make the application for authorization of admission in writing, as long as they have provided consent to the disclosure of all information necessary for the appropriate placement co-ordinator to deal with the application.
3. The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the person’s,
i. physical and mental health,
ii. requirements for medical treatment and health care,
iii. functional capacity,
iv. requirements for personal care, and
v. behaviour.
4. The information under paragraph 3 may be communicated orally.
5. The licensee shall, either orally or in writing, approve or withhold approval of the admission in accordance with subsections 44 (7) to (9) of the Act, as modified by this section, within five days of receiving the information under paragraph 3.
6. If the licensee withholds approval of the person’s admission, the licensee shall provide the appropriate placement co-ordinator with the written notice referred to in subsection 44 (9) of the Act, if requested to do so by the appropriate placement co-ordinator, within five business days of the request of the appropriate placement co-ordinator, and the placement co-ordinator shall provide a copy of the notice to the person seeking re-admission.
7. The person shall be placed in the re-admission category of the waiting list referred to in section 177 or section 202, whichever applies, unless the person would otherwise be placed in a higher ranking category.
8. The appropriate placement co-ordinator shall authorize the admission only if the person consents to the admission.
Commencement
4. This Regulation comes into force on the day it is filed.