jswizzle3737/ontario_laws_and_regs huggingface dataset:
Trust Accounts
103. (1) Every administrator of a nursing home shall, (a) establish and maintain a trust account in a bank listed in Schedule I or II to the Bank Act (Canada) or trust corporation in which the administrator shall deposit all money entrusted to his or her care by a resident in the nursing home or by any trustee acting on behalf of a resident; (b) provide a resident, or a trustee acting on behalf of a resident, with a written receipt for all money received by the administrator for deposit in the trust account to the credit of such resident; (c) maintain a separate book of account showing all deposits to and withdrawals from the trust account, the name of the resident for whom such deposit or withdrawal is made and the date of each deposit or withdrawal; (d) where the administrator has deposited in the trust account money received from a resident, make part or all of the money available to such resident upon the resident providing him or her with a written receipt therefor; (e) where the administrator has deposited in the trust account money received from a trustee on behalf of a resident, make part or all of the money available to such resident only in accordance with the written instructions of the trustee; (f) with respect to each resident on whose behalf money is deposited in the trust account to the credit of such resident, retain in his or her possession for a period of not less than six years, (i) the deposit books, deposit slips, pass-books, monthly bank statements, cheque books and cancelled cheques applicable to the trust account referred to in clause (a), (ii) the book of account referred to in clause (c), (iii) the written receipts referred to in clause (d), and (iv) the written instructions of the trustee referred to in clause (e); and (g) on the written demand of a resident, or his or her authorized agent, or a trustee acting on behalf of a resident, make the material referred to in this subsection available for inspection by the resident, his or her agent or his or her trustee, at reasonable hours during any business day. R.R.O. 1990, Reg. 832, s. 103 (1); O. Reg. 9/97, s. 5. (2) The trust account established under subsection (1) shall be audited annually by a public accountant licensed under the Public Accountancy Act. R.R.O. 1990, Reg. 832, s. 103 (2). Record Retention
Record Retention
104. (1) A record required to be kept under section 41, subsection 68 (2) and section 91 shall be retained for a period of two years from the date of the making of the record. R.R.O. 1990, Reg. 832, s. 104 (1). (2) A personnel record required to be kept under section 92 shall be retained for a period of two years after termination of the employment of the employee. R.R.O. 1990, Reg. 832, s. 104 (2). (3) A record required to be kept under section 100 shall be retained for a period of six years from the date of the making of the record. R.R.O. 1990, Reg. 832, s. 104 (3); O. Reg. 378/93, s. 31. Exemption
Exemption
105. (1) The nursing homes set out in Schedule 1 are exempt from subsection 4 (2) of the Act and sections 20.13 and 20.15 of the Act. O. Reg. 378/93, s. 32. (2) The nursing homes set out in Schedule 1 are exempt from all of the provisions of this Regulation except the provisions set out in Schedule 2. O. Reg. 378/93, s. 32. (3) The nursing homes set out in Schedule 3 are exempt from section 20.1 of the Act. O. Reg. 373/94, s. 21 (2). (4) Nursing homes that are constructed or renovated in accordance with the design manual and the building code made under the Building Code Act, 1992 are exempt from clause 33 (3) (a) and subsection 40 (6) of this Regulation. O. Reg. 21/03, s. 1. Classification
Classification
106. (1) The Minister shall ensure that in each year the residents of each nursing home undergo a classification process that includes the following steps: 1. The completion, by a person appointed by the Director, of a resident classification form for each resident of a nursing home who, on the day on which completion of resident classification forms for residents of the home is begun, is a long-stay resident of the home for whom a plan of care has been developed. 2. Based on information taken from the completed resident classification forms, the classification of each resident for whom such a form was completed into one of seven categories, named A through G, each successive category representing a higher level of nursing and other personal care requirements than the preceding category. O. Reg. 378/93, s. 33. (2) Subsection (1) does not apply to a nursing home in which less than half the number of beds agreed to be operated in the service agreement relating to the home are occupied on the day on which completion of resident classification forms for residents of the home is about to begin. O. Reg. 378/93, s. 33. Payments Under Subsection 20.13 (1) of the Act
Payments Under Subsection 20.13 (1) of the Act
107. (1) For 1996 and following years, the amount payable to a licensee in respect of a nursing home under subsection 20.13 (1) of the Act for a particular year shall be determined in accordance with, (a) the subsidy calculation worksheet for the year; (b) the semi-annual reports required to be given to the Minister under section 112 in respect of the year; and (c) the year-end report and auditor’s report required to be given to the Minister under section 113 in respect of the year. O. Reg. 340/96, s. 6. (2) The amount payable to a licensee in respect of a nursing home for a particular year pursuant to the subsidy calculation worksheet for the year shall be paid in monthly instalments or in such other instalments as the licensee and the Crown in right of Ontario agree to in the service agreement relating to the home. O. Reg. 340/96, s. 6.
Payments Under Subsection 20.13 (1) of the Act
108.-111. Revoked: O. Reg. 340/96, s. 6. Reconciliation
Reconciliation
112. (1) Forthwith after the first six months and the last six months of each year, a licensee who maintained and operated a nursing home during the year shall give to the Minister a semi-annual report for the home. O. Reg. 340/96, s. 7. (2) For the six-month period ending June 30, 1998 and the six-month period ending December 31, 1998, the semi-annual report shall be made on and in accordance with the document published by the Ministry of Health titled “Long-Term Care Facility Semi-Annual Report” and dated December 31, 1998. O. Reg. 180/01, s. 2 (1). (2.1) For the six-month period ending June 30, 1999 and for each subsequent six-month period, the semi-annual report shall be made on and in accordance with the semi-annual report form approved by the Minister. O. Reg. 180/01, s. 2 (2). (3) If the amount paid to a licensee in respect of a nursing home for the first six months of a year pursuant to the subsidy calculation worksheet for the year exceeds the estimated provincial subsidy for the six-month period, as determined in accordance with the semi-annual report for the period, the Minister may deduct the excess from subsequent payments to the licensee. O. Reg. 340/96, s. 7. (4) Revoked: O. Reg. 43/98, s. 2 (2).
Preferred Accommodation Maximum
113.1 A licensee of a nursing home shall ensure that no more than 60 per cent of the licensed bed capacity of the home is set aside as preferred accommodation. O. Reg. 373/94, s. 22. Resident Payments
Resident Payments
114. The maximum amounts that may be demanded or accepted by or on behalf of a licensee under clauses 21 (1) (a) and (b) of the Act shall be determined in accordance with sections 115 to 120. O. Reg. 316/94, s. 1.
Resident Payments
115. (1) The maximum daily amount that may be demanded or accepted by or on behalf of a licensee for providing a short-stay resident with accommodation during a period in Column 1 of Table 3 is the amount in Column 2 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7. (2) The maximum monthly amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with basic accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 3 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7; O. Reg. 194/95, s. 1 (1). (3) The maximum daily amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with basic accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 4 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7; O. Reg. 194/95, s. 1 (2). (4) The maximum monthly amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with semi-private accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 5 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7. (5) The maximum daily amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with semi-private accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 6 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7. (6) The maximum monthly amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with private accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 7 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7. (7) The maximum daily amount that may be demanded or accepted by or on behalf of a licensee for providing a long-stay resident with private accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 8 of Table 3 set out opposite the period. O. Reg. 181/95, s. 7.
Resident Payments
117. If a long-stay resident of a home who is on a medical absence or a psychiatric absence agrees in writing with the licensee of the home to pay a bed-holding amount in accordance with section 47, the maximum amount that may be demanded or accepted by or on behalf of the licensee for providing the resident with accommodation shall be increased by the bed-holding amount that the resident has agreed to pay. O. Reg. 378/93, s. 33; O. Reg. 238/94, s. 3.
Resident Payments
118. (1) For the purpose of sections 115 to 117,  (a) each long-stay resident of a nursing home shall be deemed to receive a full day of accommodation in the home on the day the resident is admitted to the home and on the day the resident is discharged from the home; (b) each short-stay resident of a nursing home shall be deemed to receive a full day of accommodation in the home on the day the resident is admitted to the home and shall be deemed not to receive accommodation in the home on the day the resident is discharged from the home. O. Reg. 9/97, s. 6. (2) Despite clause (1) (a), a long-stay resident of a nursing home shall be deemed not to receive accommodation in the home on the day the resident is discharged from the home, if the resident is admitted on the same day 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. O. Reg. 9/97, s. 6.
Resident Payments
119. For the purpose of sections 115 to 117, when a resident of a nursing home is absent from the home but has not been discharged, the licensee of the home shall be deemed to be providing the resident with the same class of accommodation that was provided to the resident immediately before the absence. O. Reg. 238/94, s. 4; O. Reg. 181/95, s. 9.
Resident Payments
120. (1) Before increasing the fee payable by a resident for accommodation, the licensee of a nursing home shall give the resident at least 30 days written notice of the licensee’s proposal to increase the fee and the amount of the proposed increase. O. Reg. 316/94, s. 3. (2) An increase by a licensee of the fee payable by a resident for accommodation is void if the licensee has not given the notice required by this section. O. Reg. 316/94, s. 3. (3) Subsections (1) and (2) do not apply to an increase in the basic accommodation fee payable by a resident who has been charged a reduced fee under section 116 or 116.1 if the increase, (a) follows a reapplication by the resident for a reduction; or (b) results from the resident’s failure to reapply for a reduction at the end of the period for which the original reduction was in effect. O. Reg. 316/94, s. 3; O. Reg. 194/95, s. 4. Payment for Day Following Discharge
Payment for Day Following Discharge
120.1 If, at the request of a person who has been discharged from a nursing home as a long-stay resident, at the request of a member of the person’s family or at the request of a person notified by the licensee of the discharge, the licensee allows the discharged person, the family member or the notified person to have access, on the day following the day of discharge, to the room in which the discharged person was lodged before being discharged, the licensee may charge the discharged person the amount that the licensee would have charged him or her for accommodation for the day following the day of discharge had he or she been a long-stay resident lodged in the room on that day. O. Reg. 181/95, s. 10. Posting
Posting
121. A licensee of a nursing home shall ensure that the copy of section 2 of the Act that it posts in the home, as required under clause 20.17 (1) (a) of the Act, is a copy of both the English and the French versions of section 2 and that both versions appear in large print. O. Reg. 373/94, s. 23.
Posting
122. (1) A licensee of a nursing home shall post in the home, (a) the licence to establish, operate or maintain the home issued to the licensee under subsection 4 (1) of the Act; (b) a copy of the most recent year-end report and the most recent auditor’s report given to the Minister under section 113; (c) at the request of the residents’ council of the home, a copy of the minutes of the most recent meeting of the residents’ council; (d) the procedures for making complaints about the maintenance or operation of the home, the conduct of the staff of the home or the treatment or care received by a resident in the home; and (e) the procedure established under clause 41 (1) (a). O. Reg. 373/94, s. 23. (2) The items mentioned in clauses (1) (c), (d) and (e) shall be posted in large print. O. Reg. 373/94, s. 23.
Posting
123. A licensee of a nursing home shall ensure that, (a) all documents and information required to be posted in the home under section 20.17 of the Act are posted in a prominent place that is easily accessible to the staff of the home, the residents of the home and the persons who are lawfully authorized to make a decision on behalf of a resident of the home concerning the resident’s personal care; and (b) the procedure established under clause 41 (1) (a) is posted in several prominent places in the home. O. Reg. 373/94, s. 23. Notice
Notice
124. A licensee of a nursing home shall ensure that the matters referred to in clause 20.16 (1) (a) of the Act are set out in both English and French in each notice given under subsection 20.16 (1) of the Act. O. Reg. 373/94, s. 23.
Notice
125. In addition to complying with clauses 20.16 (1) (a), (b), (c) and (d) of the Act, the notice required to be given under subsection 20.16 (1) of the Act shall, (a) set out the rules and procedures of the home in relation to safety and security; (b) set out the name and address of the licensee and the names and addresses of the directors and officers of the licensee; (c) set out the names of the home’s staff members who are responsible for managing the accommodation, care, services, programs and goods provided to residents of the home; (d) explain how the residents’ council of the home operates and how to become involved in the residents’ council; (e) explain how the resident and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care may participate in planning and evaluating the accommodation, care, services, programs and goods provided to the resident; (f) set out the advocacy services available to the resident; (g) set out the amounts which the licensee charges for accommodation, care, services, programs and goods and describe who may apply, and the process of applying, for a reduction in the amount charged for accommodation; (h) describe the accommodation, care, services, programs and goods, other than accommodation, care, services, programs and goods mentioned in clause 20.16 (1) (b) of the Act, that the licensee offers to residents or that the licensee can arrange for residents; (i) set out the resident’s right to choose an attending physician and the obligations of the attending physician under this Regulation; (j) set out the rights and obligations of the licensee under the Act in relation to property held in trust for a resident; (k) set out the information provided to the home by the Minister regarding financial assistance programs established by the Government of Canada or the Government of Ontario for persons who are at least 60 years old; and (l) set out the resident’s rights and obligations in relation to medical, psychiatric, vacation and casual absences. O. Reg. 373/94, s. 23. Plan of Care
Plan of Care
126. A licensee of a nursing home shall ensure that the plan of care developed for a resident under clause 20.10 (b) of the Act, (a) is in writing; (b) reflects the resident’s preferences and goals; (c) describes clearly the care to be given to the resident including, without limitation, (i) the treatments, medication and diet to be given to the resident, (ii) the assistance to be given to the resident with activities of daily living, and (iii) the safety and security precautions to be taken with respect to the resident; and (d) is easily accessible to the persons providing the resident’s care. O. Reg. 373/94, s. 23.
Plan of Care
127. (1) A licensee of a nursing home shall ensure that each resident’s plan of care is reviewed at least quarterly by at least the following members of the interdisciplinary team providing the resident’s care: 1. The physician providing the resident’s care. 2. The registered nurse in the extended class, if any, providing the resident’s care. 3. The nursing staff providing the resident’s care. 4. The food services supervisor or dietitian responsible for the resident’s needs. O. Reg. 61/03, s. 19. (2) A licensee of a nursing home shall ensure that, (a) a conference of the inter-disciplinary team providing the resident’s care is held, within six weeks following the resident’s admission to the home and at least annually after that, to review the resident’s plan of care; (b) the resident, the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care and such other person as they may direct are given an opportunity to participate fully in the conferences held under clause (a); and (c) with respect to each conference held under clause (a), a record is kept of the date of the conference, the participants in the conference and the results of the conference. O. Reg. 373/94, s. 23. Quality Management
Quality Management
128. A licensee of a nursing home shall ensure that the quality management system implemented for the home under section 20.11 of the Act includes, without limitation, (a) the regular monitoring of the satisfaction of the residents, the members of the residents’ families, and the persons who are lawfully authorized to make a decision on behalf of a resident concerning the resident’s personal care, with the accommodation, care, services, programs and goods provided to the residents; (b) the participation of the members of the staff of the home in quality management activities; and (c) the keeping of a record of all of the quality management activities undertaken in relation to the home. O. Reg. 373/94, s. 23. Information
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. O. Reg. 121/02, s. 6. Eligibility for Admission
Eligibility for Admission
129. In sections 130, 131, 132 and 133,  “applicant” means a person who applies in accordance with this Regulation for a determination by a placement co-ordinator respecting the person’s eligibility for admission to a nursing home. O. Reg. 373/94, s. 23.
Eligibility for Admission
130. (1) An applicant shall be determined to be eligible for admission to a nursing home if, and only if, (a) the applicant is at least 18 years old; (b) the applicant is an insured person under the Health Insurance Act; (c) the applicant meets at least one of the conditions set out in subsection (2); (d) the applicant meets at least one of the conditions set out in subsection (3); and (e) the applicant’s care requirements can be met in a nursing home. O. Reg. 373/94, s. 23. (2) The following are the conditions referred to in clause (1) (c): 1. The applicant requires that nursing care be available on-site 24 hours a day. 2. The applicant requires assistance each day with activities of daily living. 3. The applicant requires, at frequent intervals throughout the day, on-site supervision or on-site monitoring to ensure his or her safety or well-being. 4. The applicant is at risk of being financially, emotionally or physically harmed if the applicant lives in his or her residence. 5. The applicant is at risk of suffering harm due to environmental conditions that cannot be resolved if the applicant lives in his or her residence. 6. The applicant may harm someone if the applicant lives in his or her residence. O. Reg. 373/94, s. 23. (3) The following are the conditions referred to in clause (1) (d): 1. None of the publicly-funded community-based services available to the applicant while the applicant lives in his or her residence and none of the other caregiving, support or companionship arrangements available to the applicant while the applicant lives in his or her residence are sufficient, in any combination, to meet the applicant’s requirements. 2. None of the publicly-funded community-based services available to the applicant in the area to which the applicant plans to move and none of the other caregiving, support or companionship arrangements available to the applicant in the area to which the applicant plans to move are sufficient, in any combination, to meet the applicant’s requirements. O. Reg. 373/94, s. 23. (4), (5) Revoked: O. Reg. 121/02, s. 7. (6) This section does not apply to an applicant who is applying for a determination respecting his or her eligibility for admission to a nursing home as a short-stay resident in the respite care or supportive care program. O. Reg. 373/94, s. 23.
Eligibility for Admission
131. (1) An applicant shall be determined to be eligible for admission to a nursing home as a short-stay resident in the respite care program if, and only if, (a) the applicant’s caregiver requires temporary relief from his or her caregiving duties; (b) it is anticipated that the applicant will be returning to his or her residence within 60 days after admission to the nursing home; and (c) the applicant meets the requirements of clauses 130 (1) (a), (b), (c) and (e). O. Reg. 373/94, s. 23. (2) An applicant shall be determined to be eligible for admission to a nursing home as a short-stay resident in the supportive care program if, and only if, (a) the applicant requires a period of time in which to recover strength, endurance or functioning and is likely to benefit from a short stay in a nursing home; (b) it is anticipated that the applicant will be returning to his or her residence within 90 days after admission to the nursing home; and (c) the applicant meets the requirements of clauses 130 (1) (a), (b), (c) and (e). O. Reg. 373/94, s. 23.
Eligibility for Admission
132. Despite section 130, an applicant shall be determined to be eligible for admission to a nursing home as a long-stay resident if, (a) the applicant’s spouse or partner is, (i) a long-stay resident, or (ii) a person who has been determined by a placement co-ordinator to be eligible for admission to a nursing home as a long-stay resident; (b) the applicant is at least 18 years old; (c) the applicant is an insured person under the Health Insurance Act; and (d) the applicant’s care requirements can be met in a nursing home. O. Reg. 373/94, s. 23.
Eligibility for Admission
133. Despite section 130, the following applicants shall be determined to be eligible for admission to a nursing home as long-stay residents: 1. A long-stay resident requesting a transfer 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 requesting a transfer to a nursing home as a long-stay resident. O. Reg. 373/94, s. 23.
Eligibility for Admission
133.1 Despite section 130, an applicant who is a veteran shall be determined eligible for admission to a nursing home as a long-stay resident if the applicant is an insured person under the Health Insurance Act. O. Reg. 639/98, s. 4. Application for Determination of Eligibility
Application for Authorization of Admission
135. A person may apply for authorization of his or her admission to a nursing home only after the person has been determined by a placement co-ordinator to be eligible for admission. O. Reg. 373/94, s. 23.
Application for Authorization of Admission
136. (1) To apply for authorization of his or her admission to a nursing home, a person shall provide to the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act, (a) a written request by the person for authorization of his or her admission to the home; (b) the items mentioned in clauses 134 (1) (c) and (d) if, (i) the person was not required to provide those items when the person applied for the determination of his or her eligibility, and (ii) in the opinion of the placement co-ordinator, the licensee of the home does not have sufficient other information about the person to determine whether to give or withhold approval for the person’s admission to the home; and (c) such additional information and documentation as is necessary to enable the placement co-ordinator to determine the category in which to place the person under sections 142 to 148.4 O. Reg. 373/94, s. 23; O. Reg. 181/95, s. 11; O. Reg. 121/02, s. 9 (1). (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. O. Reg. 121/02, s. 9 (2). (2) The placement co-ordinator shall assist the person in obtaining the information and documentation that the person is required to provide to the placement co-ordinator under this section. O. Reg. 373/94, s. 23. Approval by Licensee
Approval by Licensee
137. (1) Subject to sections 137.1 and 138.1, when a person who has been determined by a placement co-ordinator to be eligible for admission to a nursing home applies for authorization of his or her admission to a particular nursing home, the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act shall, (a) give the licensee of the home the information possessed by the placement co-ordinator that is relevant to the licensee’s determination of whether to give or withhold approval for the person’s admission to the home; and (b) request the licensee to determine whether to give or withhold approval for the person’s admission to the home. O. Reg. 373/94, s. 23; O. Reg. 121/02, s. 10. (2) A licensee of a nursing home shall, within five days after receiving the request mentioned in subsection (1), (a) give the placement co-ordinator designated for the home and the person applying for authorization of admission to the home a written notice stating that the licensee approves the person’s admission; or (b) if the licensee is withholding approval for the person’s admission, give the written notice required under subsection 20.1 (15) of the Act to the persons mentioned in subsection 20.1 (15) of the Act. O. Reg. 373/94, s. 23. (3) In counting five days for the purpose of subsection (2), holidays shall not be included. O. Reg. 373/94, s. 23. (4) In this section, “holiday” means, (a) Saturday, (b) Sunday, (c) New Year’s Day, (c.1) Family Day, being the third Monday in February, (d) Good Friday, (e) Victoria Day, (f) Canada Day, (g) Civic Holiday, (h) Labour Day, (i) Thanksgiving Day, (j) Christmas Day, (k) Boxing Day, (l) any special holiday proclaimed by the Governor General or the Lieutenant Governor, (m) if New Year’s Day or Canada Day falls on a Saturday or Sunday, the following Monday, (n) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday, and (o) if Christmas Day falls on a Friday, the following Monday. O. Reg. 373/94, s. 23; O. Reg. 592/07, s. 1.
Approval by Licensee
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. O. Reg. 121/02, s. 11. (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. O. Reg. 121/02, s. 11. (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. O. Reg. 121/02, s. 11.
Approval by Licensee
138. (1) Subject to section 138.1, a licensee may withdraw an approval of a person’s admission to a nursing home before the person’s admission is authorized if, as a result of a change in the person’s condition, a ground for withholding approval mentioned in subsection 20.1 (14) of the Act exists. O. Reg. 373/94, s. 23; O. Reg. 121/02, s. 12. (2) A licensee who withdraws an approval of a person’s admission to a nursing home under subsection (1) shall give to the person, the Director and the placement co-ordinator designated for the home under subsection 20.1 (3) of the Act a written notice, (a) stating that the licensee is withdrawing the approval of the person’s admission; and (b) setting out the ground or grounds on which the licensee is withholding approval and a detailed explanation of the supporting facts. O. Reg. 373/94, s. 23.
Approval by Licensee
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. O. Reg. 121/02, s. 13. (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. O. Reg. 121/02, s. 13. Keeping of Waiting List
Keeping of Waiting List
139. (1) Each placement co-ordinator shall keep a waiting list for each of the nursing homes for which the placement co-ordinator is designated under subsection 20.1 (3) of the Act. O. Reg. 639/98, s. 6. (2) The placement co-ordinator shall place on the waiting list, rank for admission and remove from the list, in accordance with sections 140 to 150, any person described in section 140 other than a person who is to be placed on the waiting list for interim beds under section 153. O. Reg. 639/98, s. 6; O. Reg. 121/02, s. 14 (1). (3) Each placement co-ordinator shall also keep a refusal list for the purposes of section 141. O. Reg. 121/02, s. 14 (2).
Keeping of Waiting List
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; (c) the licensee of the home approves the person’s admission to the home; and (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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15.
Keeping of Waiting List
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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15. Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15.
Placement into Categories on 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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
143.1 A person shall be placed in category 1A1 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A; (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; and (c) the person meets the eligibility criteria set out in subsection 130 (1). O. Reg. 339/04, s. 6.
Placement into Categories on Waiting List
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 or 1A1; (b) the home is primarily engaged in serving the interests of persons of a particular religion, ethnic origin or linguistic origin; and (c) the person is of the religion, ethnic origin or linguistic origin primarily served by the home. O. Reg. 121/02, s. 15; O. Reg. 339/04, s. 7.
Placement into Categories on Waiting List
144.1, 144.2 Revoked: O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
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 (c) the person is a veteran. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
147.  (1) 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. O. Reg. 121/02, s. 15. (2) Despite sections 143 to 145, if a placement co-ordinator becomes aware of the opportunity to exchange a resident of one long-term care home who seeks admission to a second long-term care home and a resident of the second long-term care home who seeks admission to the first, and at least one of those homes is a home to which this Regulation applies, each resident shall be placed in the exchange category of the appropriate waiting list. O. Reg. 368/08, s. 1. (3) In subsection (2), “long-term care home” means, (a) a nursing home; (b) an approved charitable home for the aged under the Charitable Institutions Act; or (c) a home under the Homes for the Aged and Rest Homes Act. O. Reg. 368/08, s. 1.
Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15.
Placement into Categories on Waiting List
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. O. Reg. 121/02, s. 15. (2) A person referred to in subsection (1) shall be placed in the short-stay category on the waiting list for the nursing home. O. Reg. 121/02, s. 15. Ranking of Categories
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. O. Reg. 121/02, s. 15. Ranking Within Categories
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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15. (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. O. Reg. 121/02, s. 15.
Ranking Within Categories
151., 152. Revoked: O. Reg. 121/02, s. 15. Waiting List For Interim Beds
Waiting List For Interim Beds
153. (1) The placement co-ordinator designated under subsection 20.1 (3) of the Act for a nursing home that has entered into a service agreement for interim beds shall keep a waiting list for admission to the interim beds. O. Reg. 639/98, s. 10. (2) Revoked: O. Reg. 121/02, s. 16 (1). (3) The waiting list for interim beds shall be kept in addition to and separately from the waiting list required to be kept under section 139. O. Reg. 639/98, s. 10. (4) A person shall be placed on the waiting list for interim beds for a nursing home if, (a) the person meets the requirements of section 140; (b) the person is a patient in a hospital that is a public hospital as defined in section 1 of the Public Hospitals Act; (c) a physician has determined that the person does not require the acute care services provided by the hospital; and (d) the person has applied for authorization of his or her admission to an interim bed in the nursing home. O. Reg. 639/98, s. 10; O. Reg. 121/02, s. 16 (2, 3). (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. O. Reg. 121/02, s. 16 (4). (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. O. Reg. 121/02, s. 16 (4). Change of Category
Change of Category
154. (1) If a placement co-ordinator knows of a change in the condition or circumstances of a person who is on a waiting list kept by the placement co-ordinator or knows of a change in a nursing home for which the person is on the waiting list, and if the person should be placed in a different category on the waiting list under sections 142 to 148.4 as a result of the change in his or her condition or circumstances or as a result of the change in the home, the placement co-ordinator shall place the person in the different category. O. Reg. 186/95, s. 6; O. Reg. 121/02, s. 17 (1). (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 or 339/04, the placement co-ordinator keeping the waiting list shall place the person in the different category. O. Reg. 339/04, s. 9. (3) If the placement co-ordinator becomes aware that a person on the waiting list should be placed in the exchange category referred to in subsection 147 (2), the placement co-ordinator shall place the person in the exchange category, if that is the highest ranked waiting list category that applies to the person in accordance with Table 4. O. Reg. 368/08, s. 2. Authorization of Admission