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ontario regulation 361/20

made under the

Long-Term Care Homes Act, 2007

Made: March 12, 2020
Filed: July 10, 2020
Published on e-Laws: July 10, 2020
Printed in The Ontario Gazette: July 25, 2020

Amending O. Reg. 79/10

(GENERAL)

1. Section 165 of Ontario Regulation 79/10 is amended by adding the following subsection:

(7) Despite subsection (4), sections 169 to 182 do not apply to the appropriate placement co-ordinator in respect of placing persons on a waiting list for admission to a direct access bed and ranking persons for admission to that bed, which shall be done in accordance with sections 206.11 and 206.12.

2. Subsection 185 (2) of the Regulation is amended by adding the following paragraphs:

17.  Basic accommodation for a woman in a direct access bed.

18.  Basic accommodation for a man in a direct access bed.

19.  Semi-private accommodation for a woman in a direct access bed.

20.  Semi-private accommodation for a man in a direct access bed.

21.  Private accommodation for a woman in a direct access bed.

22.  Private accommodation for a man in a direct access bed.

3. The Regulation is amended by adding the following sections:

Direct Access Beds

Designation of beds, amendment and revocation, direct access beds

206.10 (1) The Minister may designate a specified number of long-stay program beds in a long-term care home as direct access beds, subject to any terms and conditions as the Minister may specify.

(2) A licensee shall comply with the terms and conditions of a designation.

(3) The Minister may, at any time,

(a)  amend the terms and conditions of a designation; or

(b)  revoke the designation, subject to any terms or conditions the Minister considers appropriate.

(4) The Minister shall advise the licensee for the long-term care home in which one or more direct access beds are designated and the appropriate placement co-ordinator in writing of,

(a)  the designation and any terms and conditions to which it is subject;

(b)  if the Minister amends the terms and conditions, the amended terms and conditions; and

(c)  if the Minister revokes the designation, the revocation of the designation and any terms and conditions of the revocation.

(5) Immediately after being advised of a revocation under clause (4) (c), the appropriate placement co-ordinator shall,

(a)  inform applicants on the waiting list for admission to the direct access bed that the designation is being revoked;

(b)  cease the authorization of admissions to the direct access bed; and

(c)  cease keeping a separate waiting list for the direct access bed in the long-term care home.

(6) Where a revocation is made under clause (4) (c), a resident who is occupying a direct access bed shall be deemed to have been discharged from the direct access bed and admitted to the long-term care home.

Waiting lists and ranking, direct access beds

206.11 (1) Sections 169 to 182 do not apply to an applicant seeking admission to a direct access bed within a long-term care home.

(2) The appropriate placement co-ordinator for a long-term care home shall keep a separate waiting list for admission to the direct access beds designated within the home in accordance with this Regulation that is in addition to and separate from any waiting list that is required to be kept under section 165.

(3) The appropriate placement co-ordinator shall place a person on a waiting list for admission to a direct access bed in a long-term care home if,

(a)  the person requires immediate admission to a long-term care home;

(b)  the person is determined by the placement co-ordinator to be eligible for long-term care home admission as a long-stay resident under section 155;

(c)  the person occupies a bed in a hospital under the Public Hospitals Act that is specified in a designation made by the Minister under section 206.10; and

(d)  the person requires an alternate level of care at the hospital specified in the designation for at least 60 days while waiting to be admitted to a long-term care home.

(4) Applicants on a waiting list for a direct access bed in a long-term care home shall be ranked for admission based upon the time at which the hospital in which they occupy a bed determines that they require an alternate level of care leading to discharge to a long-term care home.

(5) The appropriate placement co-ordinator shall,

(a)  inform every applicant for a direct access bed and their substitute decision-maker, if any, that the applicant is only permitted to be on one waiting list for the home with the bed; and

(b)  only place an applicant on the waiting list for a direct access bed in a long-term care home if the applicant or their substitute decision-maker, if any, consents to their being removed from every other waiting list for the home.

(6) Where a designation has been made under section 206.10, the appropriate placement co-ordinator shall,

(a)  advise persons on the waiting lists for long-term care homes who meet the requirements under subsection (3) or their substitute decision-makers, if any, of the designation and ask them if they desire to be placed on the waiting list for a direct access bed; and

(b)  place a person mentioned in clause (a) on the waiting list for a direct access bed if the person or their substitute decision-maker, if any, consents to their being placed on the list.

Admission to direct access beds

206.12 (1) The appropriate placement co-ordinator shall authorize the admission of an applicant to a direct access bed only if,

(a)  the applicant’s admission may be authorized under section 185; and

(b)  the applicant meets the requirements for placement on a waiting list for admission to a direct access bed set out in subsection 206.11 (3) when the vacancy arises.

(2) Despite clause (1) (b), if there is no applicant on the waiting list for admission to a direct access bed when the vacancy arises, an applicant from the waiting list that is required to be kept under section 165 may be admitted to the bed.

(3) The appropriate placement co-ordinator shall keep the licensee informed as to whether or not there is at least one person on the waiting list that is required to be kept under subsection 206.11 (2).

Transfer, direct access beds

206.13 (1) The licensee of a long-term care home shall transfer a resident who was admitted to a direct access bed from the waiting list kept under section 165 to another bed in the home in the class of accommodation chosen by the resident as soon as such a bed becomes available.

(2) Subsection (1) applies despite the rules concerning transfer lists in section 207, subject to first priority being given to residents described in clause 207 (1) (f) and despite subsection 207 (5).

(3) A resident who is transferred under subsection (1) shall be deemed to have been admitted to the home.

(4) The licensee shall notify the placement co-ordinator of every transfer under subsection (1) within 24 hours.

(5) A resident occupying a direct access bed who was not admitted to a direct access bed from the waiting list kept under section 165 and who desires to transfer to another class of accommodation in the long-term care home shall be transferred in accordance with the rules set out in section 207, but shall be deemed to continue to occupy a direct access bed.

Commencement

4. This Regulation comes into force on the day it is filed.

 

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