60.1 (1) This section applies to a person who, (a) occupies a bed in a hospital under the Public Hospitals Act; and (b) has been designated by an attending clinician in the hospital as requiring an alternate level of care because, in the clinician’s opinion, the person does not require the intensity of resources or services provided in the hospital care setting. 2022, c. 16, s. 2. Definitions (2) For the purposes of this section, “ALC patient” means a person described in subsection (1); (“patient en NSD”) “attending clinician” means a person who is authorized under the Public Hospitals Act to issue a discharge order for the ALC patient. (“clinicien traitant”) 2022, c. 16, s. 2. Certain actions may be performed without consent (3) This section authorizes the following actions, or any part thereof, to be performed in respect of an ALC patient without their consent or the consent of their substitute decision-maker, despite any other provision of this Act, the regulations or any other Act: 1. An attending clinician who reasonably believes that an ALC patient may be eligible for admission to a long-term care home may request that a placement co-ordinator carry out any of the actions listed in subparagraphs 2 i to iv. 2. A placement co-ordinator may do the following, with or without a request from an attending clinician: i. Determine the ALC patient’s eligibility for admission to a long-term care home. ii. Select a long-term care home or homes for the ALC patient in accordance with the geographic restrictions that are prescribed by the regulations. iii. Provide to the licensee of a long-term care home the assessments and information set out in the regulations, which may include personal health information. iv. Authorize the ALC patient’s admission to a home. v. Transfer responsibility for the placement of the ALC patient to another placement co-ordinator who, for greater certainty, may carry out the actions listed in this paragraph with respect to the ALC patient. 3. A physician, registered nurse or person described in paragraph 3 of subsection 50 (5) may conduct an assessment of the ALC patient for the purpose of determining the ALC patient’s eligibility for admission to a long-term care home. 4. A licensee of a long-term care home must do the following: i. Review the assessments and information provided by the placement co-ordinator in respect of the ALC patient. ii. Approve the ALC patient for admission as a resident of the home after reviewing the assessments and information provided by the placement co-ordinator, unless a condition for not approving the admission listed in subsection 51 (7) is met. iii. Admit the approved ALC patient when they present themselves at the home as a resident after, A. the placement co-ordinator has determined the patient’s eligibility for admission to the home, B. a bed becomes available, and C. the placement co-ordinator has authorized the patient’s admission to the home. 5. A person with authority to carry out an action listed in paragraph 1, 2, 3 or 4, a hospital within the meaning of the Public Hospitals Act or any other person prescribed by the regulations may collect, use or disclose personal health information if it is necessary to carry out an action listed in paragraph 1, 2, 3 or 4. 2022, c. 16, s. 2. Limitation, reasonable efforts to obtain consent required (4) The actions listed in subsection (3) may only be performed without consent if reasonable efforts have been made to obtain the consent of the ALC patient or their substitute decision-maker. 2022, c. 16, s. 2. Actions to be performed in accordance with regulations (5) Subject to subsection (6), sections 49 to 54 do not apply to the actions listed in subsection (3), and instead the actions shall be performed in accordance with the procedures, requirements, criteria, restrictions and conditions, if any, that are set out in the regulations. 2022, c. 16, s. 2. If consent provided (6) An ALC patient or their substitute decision-maker may provide their consent to any stage of the process described in this section and, if the consent is provided, the relevant portions of sections 49 to 54 and the regulations apply to the stages of the process to which they have consented, subject to any modifications or exemptions set out in the regulations. 2022, c. 16, s. 2. Limitation (7) Nothing in this section authorizes any person to restrain an ALC patient to carry out the actions listed in subsection (3) or to physically transfer an ALC patient to a long-term care home without the consent of the ALC patient or their substitute decision-maker. 2022, c. 16, s. 2. Review of determination of ineligibility (8) An ALC patient may apply to the Appeal Board for a review of a determination of ineligibility made by a placement co-ordinator under this section, and the Appeal Board shall deal with the appeal in accordance with section 59. 2022, c. 16, s. 2. Interaction with Residents’ Bill of Rights (9) Despite subsection 3 (2), this section and any regulations made under clause 61 (2) (h.1) or (h.2) shall not be interpreted or construed as being inconsistent with the Residents’ Bill of Rights. 2022, c. 16, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 16, s. 2
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