Placement into Categories on Waiting List
145. (1) A person shall be placed in category 2 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A, 1A1 or 1B; and (b) 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. O. Reg. 121/02, s. 15; O. Reg. 339/04, s. 8 (1). (2) A person shall be placed in category 2 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A, 1A1 or 1B; (b) 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 (c) there will be no bed for the person in the facility within 16 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; O. Reg. 339/04, s. 8 (2). (3) A person shall be placed in category 2 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A, 1A1 or 1B; (b) the person was or 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 (c) the person was or will be discharged from the facility, (i) because the facility cannot provide a sufficiently secure environment to ensure the safety of that person or the safety of persons who come into contact with that person, or (ii) because of an absence for the purpose of receiving medical or psychiatric care or undergoing medical or psychiatric assessment. O. Reg. 121/02, s. 15; O. Reg. 339/04, s. 8 (3). (4) A person shall be placed in category 2 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A, 1A1 or 1B; and (b) the person requires admission within three months because, (i) should there be any change in the person’s condition or circumstances, the person would require immediate admission as a result of a crisis arising from the person’s condition or circumstances, or (ii) attending to the person’s care needs is jeopardizing the health and well-being of the person’s caregiver. O. Reg. 121/02, s. 15; O. Reg. 339/04, s. 8 (4). (5) A person shall be placed in category 2 on the waiting list for a nursing home if, (a) the person does not meet the requirements for placement in category 1A, 1A1 or 1B; (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 section 132. O. Reg. 339/04, s. 8 (5). (6) If a person applies for authorization of his or her admission to a nursing home, a home under the Homes for the Aged and Rest Homes Act or an approved charitable home for the aged under the Charitable Institutions Act as a long-stay resident and a placement co-ordinator, with the consent of the person, authorizes the person’s admission to a facility that is not the person’s first choice, the person shall, if he or she wishes, be kept on the waiting lists for the person’s preferred nursing homes and shall be placed in category 2. O. Reg. 121/02, s. 15.