44 (1) A person who has been determined to be eligible for long-term care home admission may apply to a placement co-ordinator for an authorization of admission, by the appropriate placement co-ordinator, to such long-term care home or homes as the person selects. 2007, c. 8, s. 44 (1). Appropriate placement co-ordinator (2) In this section, “appropriate placement co-ordinator” means, in relation to a long-term care home, the placement co-ordinator designated pursuant to subsection 40 (1) for the geographic area where the home is located. 2007, c. 8, s. 44 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 44 of the Act is amended by adding the following subsections: (See: 2017, c. 25, Sched. 5, s. 13 (1)) Confinement to be considered (2.1) The placement co-ordinator who determined that the applicant is eligible for long-term care home admission shall consider whether the applicant may need to be confined in the home and shall make a recommendation to the licensee after considering, (a) whether there would be a significant risk that the applicant or anyone else would suffer serious bodily harm if the applicant were not confined; (b) whether confining the applicant would be reasonable in light of the applicant’s physical and mental condition and personal history; and (c) whether a physician, registered nurse in the extended class or other person provided for in the regulations has recommended the confining. 2017, c. 25, Sched. 5, s. 13 (1). Advising of confinement recommendation (2.2) If the placement co-ordinator intends to recommend to the licensee that the applicant be confined in the home, the placement co-ordinator shall advise the applicant, and if the applicant is incapable, a substitute decision-maker of the applicant, of the recommendation and of anything else that may be provided for in the regulations, prior to authorization of the admission and at such other times as may be provided for in the regulations. 2017, c. 25, Sched. 5, s. 13 (1). Compliance with regulations (2.3) The placement co-ordinator shall, when acting under subsections (2.1) and (2.2), comply with the requirements, if any, provided for in the regulations. 2017, c. 25, Sched. 5, s. 13 (1). Assistance with choosing homes (3) The placement co-ordinator who determined that the applicant is eligible for long-term care home admission shall, if the applicant wishes, assist the applicant in selecting the long-term care home or homes with respect to which the applicant will apply for authorization of admission. 2007, c. 8, s. 44 (3). Person’s preferences (4) In assisting the applicant under subsection (3), the placement co-ordinator shall consider the applicant’s preferences relating to admission, based on ethnic, religious, spiritual, linguistic, familial and cultural factors. 2007, c. 8, s. 44 (4). Application in accordance with regulations (5) An application for authorization of admission shall be made in accordance with the regulations and the applicant shall provide written consent to the disclosure of all information necessary to deal with the application. 2007, c. 8, s. 44 (5). Co-ordination with appropriate placement co-ordinators (6) If a home selected by an applicant is not in the geographic area of the placement co-ordinator to whom the application was made, that placement co-ordinator shall co-ordinate with the appropriate placement co-ordinator for that home. 2007, c. 8, s. 44 (6). Licensee consideration and approval (7) The appropriate placement co-ordinator shall give the licensee of each selected home copies of the assessments and information that were required to have been taken into account, under subsection 43 (6), and the licensee shall review the assessments and information and shall approve the applicant’s admission to the home unless, (a) the home lacks the physical facilities necessary to meet the applicant’s care requirements; (b) the staff of the home lack the nursing expertise necessary to meet the applicant’s care requirements; or (c) circumstances exist which are provided for in the regulations as being a ground for withholding approval. 2007, c. 8, s. 44 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (7) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 13 (2)) Licensee consideration and approval (7) The appropriate placement co-ordinator shall give the licensee of each selected home copies of the assessments and information that were required to have been taken into account under subsection 43 (6) as well as any recommendation made under subsection (2.1), and the licensee shall review the assessments, information  and recommendation and shall approve the applicant’s admission to the home unless, (a) the home lacks the physical facilities necessary to meet the applicant’s care requirements; (b) the staff of the home lack the nursing expertise necessary to meet the applicant’s care requirements; or (c) circumstances exist which are provided for in the regulations as being a ground for withholding approval. 2017, c. 25, Sched. 5, s. 13 (2). Notice if licensee gives approval (8) If the licensee approves the applicant’s admission, the licensee shall give the appropriate placement co-ordinator a written notice which shall include an acknowledgement that the licensee has reviewed the assessments and information the licensee is required to review under subsection (7). 2007, c. 8, s. 44 (8). Written notice if licensee withholds approval (9) If the licensee withholds approval for admission, the licensee shall give to persons described in subsection (10) a written notice setting out, (a) the ground or grounds on which the licensee is withholding approval; (b) a detailed explanation of the supporting facts, as they relate both to the home and to the applicant’s condition and requirements for care; (c) an explanation of how the supporting facts justify the decision to withhold approval; and (d) contact information for the Director. 2007, c. 8, s. 44 (9). Persons to whom notice given (10) The persons referred to in subsection (9) are the following: 1. The applicant. 2. The appropriate placement co-ordinator. 2019, c. 4, Sched. 8, s. 1. Conditions of authorization of admission (11) The appropriate placement co-ordinator may authorize the admission of the applicant to a home only if, (a) for each of the assessments required under subsection 43 (4), either the assessment or a reassessment was made within the three months preceding the authorization of admission, or within the preceding three months there was a significant change in the person’s condition or circumstances in which case a reassessment was made at that time; (b) the applicant is still eligible for long-term care home admission following the review of any reassessment described in clause (a) and any redetermination required under subsection (12); (c) the licensee of the home approves the person’s admission to the home; and (d) the person provides consent to being admitted to the home. 2007, c. 8, s. 44 (11). Review of reassessments, etc. (12) The placement co-ordinator who determined the applicant was eligible for long-term care home admission under section 43, or the placement co-ordinator to whom the responsibility has been transferred under section 48 shall, (a) review any reassessment required under clause (11) (a); and (b) if after that review the placement co-ordinator is of the opinion that the applicant may no longer be eligible for long-term care home admission, make a new determination, under section 43, of the applicant’s eligibility. 2007, c. 8, s. 44 (12). Application, if new determination required (13) For greater certainty, subsections 43 (4), (5), (6), (8) and (9) apply with respect to the new determination required under clause (12) (b). 2007, c. 8, s. 44 (13). Reassessment to licensee who has approved admission (14) If a reassessment required under clause (11) (a) has been done since the licensee approved the applicant’s admission to the home, the appropriate placement co-ordinator shall give the licensee a copy of the reassessment and the licensee shall review the reassessment in accordance with the following: 1. The licensee may withdraw the approval only in the circumstances set out in clauses (7) (a) to (c), and such a withdrawal may only be made in accordance with the requirements provided for in the regulations. 2. If the licensee decides not to withdraw the approval, the licensee shall give the appropriate placement co-ordinator a written notice that includes an acknowledgement that the licensee has reviewed the reassessment. 3. If the licensee decides to withdraw the approval, subsections (9) and (10) apply with necessary modifications. 2007, c. 8, s. 44 (14). Alternative services, referrals (15) The placement co-ordinator to whom the application was made under subsection (1) shall suggest alternative services and make appropriate referrals on behalf of an applicant under any of the following circumstances: 1. If the admission of the applicant to a home is delayed. 2. If a licensee withholds approval for admission of the applicant or withdraws approval for admission of the applicant. 2007, c. 8, s. 44 (15). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 13 (1, 2) - not in force 2019, c. 4, Sched. 8, s. 1 - 01/07/2019 45 Repealed: see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2007, c. 8, s. 45
- see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017 2017, c. 25, Sched. 5, s. 14 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017