4 Nursing home
contract
5 Sale by a
district board
6 Information by
distributing corporations
7 Sale of land
8 Purchase by
Minister
9 Agreement with
operators
10 Grants
11 Discharge or
transfer of residents
12 Confidentiality
of information
13 Repeal
14 Coming into
force
Schedule
Definitions
1 In this Regulation,
(a) “Act”
means the Nursing Homes Act;
(b) “assessment
committee” means an assessment committee referred to in section 9(2)(b) of the
Act;
(c) “district
nursing home” means a nursing home owned and operated by a district board;
(d) “drug”
means a drug as defined in the Pharmaceutical Association Act;
(e) “legal
representative” includes the guardian or trustee of a dependent adult under the
Dependent Adults Act and a person who holds a power of attorney granted
by a resident;
(f) “medicine”
means a medicine as defined in the Pharmaceutical Association Act;
(g) “Operation
Regulation” means the Nursing Homes Operation Regulation under the Act;
(h) “power
of attorney” means a written power of attorney granted by a resident empowering
and authorizing the person named in the power of attorney to do all acts and
things in the name of and on behalf of the resident, and for the resident’s
benefit and account in relation to the resident’s property at the nursing home
and his nursing home care, including the power to
(i) receive property belonging to the resident and to give a receipt
for it in the resident’s name,
(ii) dispose of property of the resident for the resident’s account,
and
(iii) instruct the operator in respect of matters in connection with
the resident’s nursing home care in the nursing home,
until the power of attorney
is revoked by the resident;
(i) “resident
day” means the period of stay of a resident in a nursing home between midnight
one day and midnight of the next day following, except that
(i) the period of stay on the day of admission is a resident day but
the period of stay on the day of separation is not a resident day, and
(ii) where admission and discharge occur on the same day, the period
of stay is 1 resident day;
(j) “voluntary nursing home” means a nursing
home owned or operated by a society.
AR 232/85 s1;251/2001
Basic care
2 The following types of services are basic care:
(a) accommodation
and meals;
(b) facilities
services;
(c) necessary
nursing services;
(d) personal
services;
(e) therapeutic
and special diets as required;
(f) drugs
and medicine specified by the Minister for use on a routine or emergency basis
as prescribed by a physician;
(g) routine
dressings as required;
(h) life enrichment services.
AR 232/85 s2
Eligibility
3 The period during which a resident of Alberta must reside
in Alberta for the purposes of section 9(2)(b) of the Act is
(a) the
year immediately preceding the application for benefits, if he has been a
resident of Canada for a period of at least 10 years, or
(b) 3 consecutive years at any time preceding
the application for benefits.
AR 232/85 s3;251/2001
Nursing home contract
4 A nursing home contract shall be in the form set
out in the Schedule.
AR 232/85 s4
Sale by a district
board
5 A district board may sell or dispose of personal
property belonging to the board, excluding furniture and equipment, without the
Minister’s approval pursuant only to transactions that are necessary and usual
for the ordinary day‑to‑day operations of its nursing home.
AR 232/85 s5
Information by
distributing corporations
6(1) A
distributing corporation that is an operator shall at least once in each
calendar year furnish to the Minister a statement containing information of the
names, addresses and numbers and classes of shares held by each of its
shareholders of record, certified by its secretary or chief executive officer
to be a true and accurate statement of the information as at a date not earlier
than 30 days before the date of the statement.
(2) Notwithstanding subsection (1), if the
distributing corporation prepares or has information prepared for it of the
kind required in the statement referred to in that subsection more frequently
than once during a calendar year, then the distributing corporation shall
furnish the statement to the Minister within 30 days of the time when the
distributing corporation prepares or has the information prepared for it.
AR 232/85 s6
Sale of land
7 If an operator of a non‑district
nursing home applies to the Minister under section 3(1) of the Act for his
approval of a sale or other disposition of any interest in the land and
buildings used for his nursing home to a district board, an approval, if
granted, is subject to the condition that the selling or disposition price for
land, buildings, and any other property used for the nursing home shall not
exceed the aggregate of the fair market value for land, buildings and any other
property determined as at the date of sale or disposition on an appraisal basis
under which
(a) the
district board shall obtain an appraisal of them from an appraiser appointed
and paid by it,
(b) the
seller may obtain an appraisal of them from an appraiser appointed and paid by
him,
(c) if
the seller obtains an appraisal and the difference in values determined by the
2 appraisers as the fair market value is
(i) less than 10% of the lower value, then the fair market value of
the land, buildings and any other property shall be the average of the values
determined by the 2 appraisers, or
(ii) more than 10% of the lower value, then the 2 appraisers shall
appoint a 3rd appraiser at the joint cost of the district board and the seller,
to determine the fair market value of the land, buildings and any other
property on the basis of the values and appraisals of the 1st 2 appraisers, and
the value determined by the 3rd appraiser as the fair market value shall be
final and binding on the district board and the seller,
(d) each
appraiser shall be a member of either the Alberta Association of Professional
Appraisers or the Appraisal Institute of Canada, and
(e) no value shall be given to the nursing home
contract in an appraisal.
AR 232/85 s7;251/2001
Purchase by Minister
8 Subject to the Minister
agreeing with an operator on the purchase price and other terms for a purchase
by the Minister of the land and buildings and any other property used for a
nursing home, the Minister may purchase them for a price that is calculated in
accordance with section 7.
AR 232/85 s8
Agreement with
operators
9 The Minister may enter into
agreements with an operator in relation to any matter pertaining to the
operator’s nursing home or the providing of nursing home care to residents in
it, including but not limited to agreements providing for a basis on which the
operator may sell the land, buildings and other property used for the nursing
home to the Minister at a future date or on the occurrence of a future event.
AR 232/85 s9
Grants
10(1) The Minister may make grants to district boards
and, subject to entering into agreements, to operators of non‑district
nursing homes in respect of
(a) operating
costs that are not included in the benefits paid to them for residents in their
nursing homes, and
(b) capital
costs for capital projects approved by the Minister.
(2) A grant for a capital project
referred to in subsection (1) is subject to prior approval by the Treasury
Board if it is for an amount that is more than $1 000 000.
(3) All
grants are subject to the condition that the funds be used for the purpose prescribed
by the Minister and that the operator receiving a grant account to the
Minister, in the manner prescribed by the Minister, for the way in which the grant is spent in whole or in
part.
(4) An
operator who receives a grant shall repay to the Government any part of it that
is not used or required for the purpose prescribed by the Minister.
(5) The
Minister is authorized to enter into an agreement with an operator with respect
to any matter relating to the payment of a grant.
(6) The
Minister may provide for the payment of a grant in a lump sum or by way of
instalments and may prescribe the time or times at which the grant is to be
paid.
(7) Interest earned on money that is part of a
grant shall form part of the grant and be accounted for by an operator in the
same way that other money in a grant is to be accounted for.
AR 232/85 s10;219/88
Discharge or transfer
of residents
11(1) Subject to subsection (2), the operator or the
Minister may declare that a resident is no longer in need of basic care and is
eligible for transfer or discharge.
(2) A
declaration under subsection (1) shall be based on the following:
(a) in
the case of the operator,
(i) on consultation with the resident’s attending physician, and
(ii) on the recommendation of the assessment committee;
(b) in
the case of the Minister, on a report of the attending physician and on the
records of the nursing home.
(3) If
an eligible resident who is the subject of a declaration under subsection (1)
refuses or fails to move or leave when requested to do so,
(a) no
further benefits may be paid thereafter by the Minister to the operator in
respect of the resident, and
(b) the
resident is liable to the operator for the entire cost of his nursing home
care.
(4) A resident who is the subject of a declaration
under subsection (1) may appeal the declaration to the district board of the
district in which the nursing home is located under the procedure referred to
in section 6(3) of the Operation Regulation.
AR 232/85 s11
Confidentiality of
information
12(1) Except where this Regulation or any other
enactment provides otherwise, no person in possession of any diagnosis, record
or information relating to a resident shall divulge, release or disclose any
diagnosis, record or information relating to the resident to any person without
the written consent of the resident.
(2) For
the purposes of assessing the standards of care furnished to residents,
improving nursing home procedures, compiling nursing home care statistics,
conducting research, or for any other purpose considered by the Minister to be
in the public interest, the Minister or a person authorized by the Minister
may, without the consent of any resident, require that all or any of the
following be sent to him or a person designated by him:
(a) records
of nursing home care and other records of any resident;
(b) extracts
from and copies of any records of nursing home care or the records of
residents;
(c) diagnosis,
charts or any information available in respect of a resident.
(3) An
operator or employee of an operator, the Minister or a person authorized by the
Minister, or a physician may,
(a) without
written consent of the resident, divulge any diagnosis, record or information
relating to the resident to the Director of Medical Services appointed under
the Occupational Health and Safety Act when that information relates to
(i) an accident that occurred in respect of that resident’s
occupation or one or more of his former occupations, or
(ii) a disease that is related to that resident’s occupation or one or
more of his former occupations, and
(b) without
written consent of a resident, divulge any diagnosis, record or information
relating to the resident to
(i) The Workers’ Compensation Board,
(ii) the Department of Veteran’s Affairs (Canada),
(iii) the Department of National Defence (Canada), or
(iv) the Indian and Northern Health Services of the Department of
National Health and Welfare (Canada),
if the information is
required in order to establish responsibility for payment by the organization
or insurer, or to any other facility to which the resident may be transferred
or admitted or to other attending physicians.
(4) The
Minister may, for the purposes mentioned in subsection (2) and without the
consent of any other person, disclose to or obtain from
(a) the
Director of Medical Services appointed under the Occupational Health and
Safety Act,
(b) the
Department of National Health and Welfare (Canada) for purposes in connection
with long term or nursing home care of persons, or
(c) the
government of a province of Canada or an agent of that government for purposes
in connection with any long term or nursing home care program administered by
that government or its agent,
any records of nursing
home services provided in respect of a resident in a nursing home.
(5) An
operator may disclose any records of nursing home care provided in respect of a
resident in his nursing home to any person, without the consent of the
resident, for the purpose of being used
(a) in
bona fide research or in long term or nursing home care review, if the
disclosure is made in such a manner as to ensure confidentiality of those
records,
(b) for
training purposes in a medical records school, if it does so in a manner that
does not reveal or make identifiable the individual names of the residents in
those records, or
(c) to
an assessment committee for the purpose of assessing or reassessing the need
for continuation of nursing home care of a resident in a nursing home.
(6) An
operator shall, after the discharge of a resident from the nursing home for the
purpose of transferring him to another nursing home or hospital inside or
outside Alberta and, without the consent of the resident, forward to that other
nursing home or hospital copies of the appropriate records of nursing home care
provided in respect of that resident for the use of the staff of that other
nursing home or hospital.
(7) An
operator may divulge any records of nursing home care provided in respect of a
resident to a person conducting a preliminary investigation, the Discipline
Committee or the Board under the Dental Profession Act if
(a) an
officer of The Alberta Dental Association makes a written request for it and
the disclosure is consented to by the resident or his legal representative, or
(b) the
disclosure is made by a member of the board in compliance with a notice under
section 56 of the Dental Profession Act to attend as a witness or
produce documents.
(8) An
operator may, without the consent of the resident, divulge any records of
nursing home care provided in respect of the resident to a local board under
the Public Health Act if the local board has assumed the responsibility
for any care or treatment of the resident.
(9) An
operator may divulge any records of nursing home care provided in respect of a
resident to the Council of the College of Physicians and Surgeons or an
investigating committee under the Medical Profession Act or the
Professional Conduct Committee or the Appeals Committee under the Nursing
Profession Act, if
(a) an
officer of the College or the Alberta Association of Registered Nurses, as the
case may be, makes a written request for it and the disclosure is consented to
by the resident or his legal representative, or
(b) the
disclosure is made by an employee or other person on behalf of an operator in
compliance with a notice under section 59 of the Medical Profession Act or
section 72 of the Nursing Profession Act to attend as a witness or
produce documents.
(10) An
operator may, without the consent of a resident, divulge any records of nursing
home care provided in respect of the resident to the Health Disciplines Board
or a Health Discipline Committee under the Health Disciplines Act if the
disclosure is made by an employee or other person on behalf of an operator in
compliance with a notice under section 42 of the Health Disciplines Act.
(11) A medical examiner appointed under
the Fatality Inquiries Act is entitled to inspect and make copies of any
diagnosis, record or information relating to a resident.
(12) When a medical examiner obtains a copy of a
diagnosis, record or information pursuant to subsection (11), the provincial
judge who presides at a public inquiry under the Fatality Inquiries Act may
admit the copy of the diagnosis, record or information in evidence at the
public inquiry in accordance with the Fatality Inquiries Act.
AR 232/85 s12;251/2001
Repeal
13 The Nursing Homes Regulations (Alta. Reg. 193/75) are repealed.
AR 232/85 s13
Coming into force
14 This Regulation comes into force
on the date on which the Nursing Homes Act (1985 cN-14.1) comes into
force.
AR 232/85 s14
Schedule
Nursing Homes General Regulation
Nursing Home Contract
Between:
The Minister of Health and Wellness
of Alberta, (herein called the “Minister”)
OF
THE FIRST PART
‑and-
(herein called the “Operator”)
OF
THE SECOND PART
The Minister and the
Operator agree as follows:
1 In this contract,
(a) “Act”
means the Nursing Homes Act, being chapter N‑14.1, of the Statutes
of Alberta, 1985 and a reference to the Act herein includes a reference to any
amendment to the Act made from time to time and any enactment passed in
substitution for the Act;
(b) “nursing
home” means the facility owned and operated by the Operator as a nursing home
within the meaning of the Act, known as “(here set out the full name of the
Operator’s nursing home)”, located at (here set out the
location and municipal address, if any, of the nursing home), in the
Province of Alberta;
(c) a
word or expression used in this contract for which a definition appears in the
Act has the same meaning in this contract as in the definition and other parts
of speech and grammatical forms of the same word or expression have
corresponding meanings;
(d) a
reference to the Act includes a reference to the regulations made under it and
all amendments to them and substitutions of them, and
(e) words
importing male persons include female persons, words importing female persons
include male persons and words importing either sex include corporations.
2 The Operator shall provide
nursing home care to eligible residents in his nursing home, subject to and in
accordance with the Act.
3 The maximum number of
residents that the Operator may admit to his nursing home at any one time is (here
set out the maximum number) in the types of accommodation set out in
Schedule “A” attached hereto.
4 The operator shall comply with
all applicable laws and regulations in effect, from time to time, in respect of
his nursing home and its operation.
5 Notwithstanding any other law,
this contract shall be subject to, governed by and interpreted only in
accordance with the Act.
6 For the inspection purpose
referred to in the Act,
(a) a
person authorized in writing by the Minister to do so may at all reasonable
times
(i) enter and inspect the land and buildings used for the nursing
home, or
(ii) require the Operator to furnish any specified information in
connection with the operation of the nursing home as soon as is reasonably
possible;
(b) a
person who makes an inspection or requires information under clause (a) may,
subject to the Act, inspect, examine and make copies of or temporarily remove
any books, records or other documents relating to the operation of the nursing
home;
(c) the
operator shall grant the necessary access and accommodate a person who makes an
inspection under clause (a)(i) and shall comply with a requirement under clause
(a)(ii).
7 This contract is made
effective as of the date and year written below.
In witness whereof the
Minister and the Operator have executed this contract, effective as of the
day of , 20 .
Minister
of Health and
Wellness
of Alberta
(Full
name of Operator)
(Witness to the
signature
of the Minister) Per:
(Affix corporate seal if the Operator
is
a corporation and uses a seal)
(Signature of the
Witness of the
Operator where the Operator is
an
individual)
AR 232/85
Sched.;206/2001
