21 Prohibition
22 Offence
and penalty
23 Regulations
24 Ministerial
regulations
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) “accommodation
charge” means the charge in respect of nursing home care payable by a resident
for accommodation and meals in a nursing home or an approved hospital referred
to in section 10(2);
(b) “approved
program” means a program approved by the Minister in respect of the provision
of care in addition to basic care in one or more nursing homes;
(c) “basic
care” means the types and levels of basic services prescribed in the
regulations to be provided to residents;
(d) “benefits”
means the amounts payable under this Act in respect of the cost of nursing home
care provided to eligible residents;
(e) “corporation”
means an Alberta company, body corporate, corporation or extra‑provincial
corporation as defined in the Business
Corporations Act;
(f) “distributing
corporation” means a distributing corporation as defined in the Business Corporations Act;
(g) “eligible
resident” means a resident in respect of whom benefits are payable under
section 9;
(h) “health
region” means a health region established under the Regional Health Authorities Act;
(i) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(j) “nursing
home” means a facility for the provision of nursing home care;
(k) “nursing
home care” means basic care and care provided under an approved program;
(l) “nursing
home contract” or “contract” means a contract entered into under section 2(1);
(m) “operator”
means a person who operates a nursing home;
(n) “regional
health authority” means a regional health authority constituted under the Regional Health Authorities Act;
(o) “resident” means a person who has been
admitted to a nursing home or an approved hospital referred to in section 10(2)
for nursing home care.
1985 cN‑14.1
s1;1994 cR‑9.07 s25(26);1996 c22 s2(2)
Part 1
Nursing Home Contracts
Contracts
2(1) Subject to this Act and the regulations, a
regional health authority may enter into a contract with a person who operates
or intends to operate a nursing home for the provision of nursing home care to
eligible residents.
(2) A
nursing home contract shall be filed with the Minister and shall be accompanied
with
(a) any
information required by the regulations, and
(b) any other information required by the
Minister.
1985 cN‑14.1
s6;1996 c22 s2(4)
Minister’s approval for disposition of land
3 An operator, other than a regional health
authority, who intends to sell or otherwise dispose of an interest in the land
or buildings used for the operator’s nursing home shall give the Minister
reasonable notice of the intention to do so.
1985 cN‑14.1
s8;1996 c22 s2(6)
Corporate operator
4(1) When a transaction occurs resulting in a change
in the beneficial ownership of shares of an operator that is a corporation
other than a distributing corporation, the operator shall forthwith furnish
particulars of the transaction to the Minister.
(2) A distributing corporation shall furnish
particulars of a transaction resulting in a change in beneficial ownership of
its shares as prescribed in the regulations.
1985 cN‑14.1
s9;1996 c22 s2(7)
Termination of contract
5(1) Either party to a nursing home contract may
terminate the contract by giving at least 12 months’ notice of the termination
to the other party.
(2) Subsection
(1) does not preclude the parties to a nursing home contract from terminating
the contract by agreement.
(3) A
regional health authority shall immediately notify the Minister when
(a) it
gives or receives a notice of termination under subsection (1), or
(b) it enters into an agreement to terminate a
nursing home contract.
1985 cN‑14.1
s10;1996 c22 s2(8)
Purchase by Minister
6 Subject to the regulations, the Minister may
purchase the land and buildings and personal property used for a nursing home.
1985 cN‑14.1 s13
Agreements with
operators
7 Subject to the regulations, the Minister may
enter into agreements with operators for the purpose of this Act and the
regulations.
1985 cN‑14.1 s14
Part 2
Operation of Nursing Homes
Nursing home care
8(1) An operator shall provide nursing home care to
residents in the operator’s nursing home in accordance with this Act and the
regulations.
(2) Subject to the regulations, an operator shall
not charge an eligible resident for nursing home care in excess of the amount
prescribed in the regulations for the accommodation charge.
1985 cN‑14.1 s15
Eligibility for benefits
9(1) In this section, “resident of Alberta” means a
person lawfully entitled to be or to remain in Canada, who makes the person’s
home and is ordinarily resident in Alberta and any other person deemed by the
regulations to be a resident of Alberta, but does not include a tourist,
transient or visitor to Alberta.
(2) Benefits
may be paid in respect of a resident
(a) who
has been found by an assessment committee appointed pursuant to the regulations
to require nursing home care,
(b) who
is a resident of Alberta and has resided in Alberta for the period prescribed
by the regulations, and
(c) who
meets other requirements or conditions prescribed by the regulations.
(3) Benefits
may not be paid in respect of a resident
(a) if
payment for the resident’s nursing home care is the responsibility of
(i) The Workers’ Compensation Board,
(ii) the Department of Veterans Affairs (Canada),
(iii) the Department of National Defence (Canada), or
(iv) the Medical Services Branch of Health Canada,
or is provided for under
any other statute;
(b) if
the assessment committee finds that the resident is no longer in need of nursing
home care or that the resident no longer meets other requirements or conditions
prescribed by the regulations.
(4) Nothing under this Act prevents a person who
does not desire any or all of the benefits under this Act from assuming the
responsibility for the payment of any or all of the costs of the person’s care
in a nursing home.
1985 cN‑14.1
s16;1996 c22 s2(10)
Payment of benefits
10(1) Subject to this Act and the regulations,
benefits shall be paid in respect of an eligible resident in an operator’s
nursing home in the amounts and in the manner determined in accordance with the
regulations.
(2) The regional health authority may enter into an
agreement with the board of an approved hospital as defined in the Hospitals Act for the provision of nursing
home care to eligible residents in the hospital and for the payment of benefits
to the board in the amounts agreed to and to authorize the board to charge
eligible residents the accommodation charge.
1985 cN‑14.1
s17;1996 c22 s2(11)
Grants
11 The Minister may make grants to an operator in
respect of its operating or capital costs as prescribed by the regulations.
1985 cN‑14.1
s18;1996 c22 s2(12)
Inspection
12(1) For the purpose of ensuring that the health,
safety or well‑being of the residents in a nursing home is being
maintained or that the nursing home is being operated in accordance with this
Act and the regulations, a person authorized in writing by the Minister to do
so may at all reasonable times
(a) enter
and inspect any land or buildings used for a nursing home, or
(b) require
an operator to furnish any specified information in connection with the
operation of the nursing home as soon as is reasonably possible.
(2) When
acting under this section, a person referred to in subsection (1) shall carry a
copy of the authorization made by the Minister and present it on request to the
operator of the nursing home.
(3) A
person who makes an inspection or requires information under subsection (1) may
inspect, examine and make copies of or temporarily remove any books, records or
other documents relating to the operation of the nursing home.
(4) When
a person removes any books, records or other documents under subsection (3),
the person
(a) shall
give to the person from whom they were taken a receipt for them, and
(b) may
make copies of, take photographs of or otherwise record them
and shall, within a
reasonable time, return them to the person to whom the receipt was given.
(5) An operator shall grant the necessary access
and accommodate a person who makes an inspection under subsection (1)(a) and
shall comply with a requirement under subsection (1)(b).
1985 cN‑14.1 s19
Correction plans
13 If the Minister or any person authorized by the
Minister is of the opinion that a nursing home is or has been operated in
contravention of this Act or the regulations, the Minister may order that the
operator prepare a correction plan and submit it for the approval of the
Minister or authorized person within the time specified in the order.
1985 cN‑14.1 s20
Minister’s orders
14(1) The Minister may by order cancel or suspend a
nursing home contract effective on the date specified in the order if the
Minister is of the opinion that the operator
(a) has
contravened this Act or the regulations, or
(b) has
done or omitted to do anything in respect of the nursing home that, because of
the nature or gravity of the thing, has prejudicially affected or is likely to
prejudicially affect the health, well‑being or safety of the residents of
the nursing home.
(2) Where
the Minister is of the opinion that any of the circumstances set out in
subsection (1) exist, the Minister may make an order prohibiting or restricting
the admission of residents to the operator’s nursing home.
(3) The
Minister may make an order under subsection (1) suspending a nursing home
contract subject to any terms and conditions the Minister considers
appropriate.
(4) Where the Minister makes an order under this
section, the Minister shall forthwith give a copy of the order to the regional
health authority and the operator.
1985 cN‑14.1
s21;1996 c22 s2(13)
Board of review
15(1) If an order under section 14 is made effective
on a date after the date of the order, the Minister may, at the operator’s
request, establish a board of review to hold a hearing of the matter giving
rise to the order.
(2) A
board of review established under this section shall
(a) consist
of the members appointed by the Minister and include a nominee of the regional
health authority of the health region in which the operator’s nursing home is
located and of each association of nursing home operators in Alberta recognized
by the Minister,
(b) give
notice of the time and place of the hearing and of the subject‑matter of
the hearing to the operator concerned and any other person that the board of
review considers appropriate, and
(c) permit
any person referred to in clause (b) to appear at the hearing and to make
representations to the board of review regarding the subject‑matter of
the hearing.
(3) On
concluding its hearing, the board of review shall make a report to the
Minister, which shall include its recommendation as to whether the order should
be confirmed, cancelled or varied.
(4) After
receiving the report referred to in subsection (3), the Minister shall confirm,
cancel or vary the order in the manner the Minister considers appropriate.
(5) A
board of review established under this section
(a) may
make rules of procedure, subject to the approval of the Minister, governing the
calling of hearings and the conduct of business at hearings;
(b) has,
with respect to hearings before it under this Act, the powers, privileges and
immunities of a commissioner under the Public
Inquiries Act.
(6) If a board of review appointed under this
section has not made its report under this section before the original
effective date of the order being reviewed, the Minister shall extend the
effective date of the order to a date the Minister considers appropriate.
1985 cN‑14.1
s22;1996 c22 s2(14)
Official administrator
16(1) This section does not apply in respect of a
nursing home that is operated by a regional health authority.
(2) The
Minister may appoint a person to be an official administrator of a nursing home
if,
(a) in
the Minister’s opinion,
(i) the operator has contravened this Act or the regulations or has
done or omitted to do anything in respect of the nursing home that, because of
the nature or gravity of the thing, has prejudicially affected or is likely to
prejudicially affect the health, well‑being or safety of the residents of
the nursing home, or
(ii) it is in the public interest to appoint an official
administrator,
(b) the
Minister has made an order under section 14(1) suspending the nursing home
contract, or
(c) the
Minister intends to make an order under section 14(1) cancelling the nursing
home contract.
(3) An
official administrator appointed under subsection (2) is entitled to possession
of the nursing home and all records, supplies and equipment in it that in the
official administrator’s opinion are necessary for the continued operation of
the nursing home, to the exclusion of the operator or any person claiming
through the operator.
(4) An
official administrator may pay
(a) the
salaries, wages and fringe benefits of persons employed in the nursing home,
and
(b) the
costs of goods and services that are, in the official administrator’s opinion,
necessary for the continued operation of the nursing home,
out of funds due to
the operator from a regional health authority or, with the approval of the
Minister, from funds voted by the Legislature for the purpose of this Act.
(5) A
payment made under subsection (4) discharges the regional health authority from
liability to pay the funds, to the extent of the payment.
(6) An
official administrator shall administer the nursing home only until
(a) the
residents are removed from it,
(b) in
the opinion of the Minister, the event or circumstance referred to in
subsection (2)(a) no longer exists,
(c) an
order suspending a contract under section 14(1) lapses or is cancelled by the
Minister or on appeal,
(d) the
contract is terminated or cancelled, or
(e) a
period of 90 days has expired from the day the administrator was appointed
unless that period is extended by the Minister.
(7) In
addition to the powers granted by this section, the Minister may confer on an
official administrator those powers that, in the opinion of the Minister, are
reasonably necessary for the efficient administration of the nursing home.
(8) An
official administrator shall within 15 days after the end of each month give to
the operator of a nursing home under the official administrator’s
administration and to the regional health authority of the health region in
which the nursing home is located a written statement in a form prescribed by
the Minister setting out the financial transactions relating to the nursing
home undertaken by the administrator during that month.
(9) An official administrator shall report to the
Minister on the operation of a nursing home under the official administrator’s
administration at the time and in the manner prescribed by the Minister.
1985 cN‑14.1
s23;1996 c22 s2(15)
Appeals
17(1) Subject to subsection (5), when the Minister
makes an order under section 14 or confirms or varies an order under section
15(4), the operator concerned may, within 60 days after being served with the
order, appeal by originating notice to the Court of Queen’s Bench.
(2) When
the Minister makes an appointment under section 16(2)(a) that remains in effect
for more than 90 days, the operator concerned may, within 60 days after the
expiry of the 90‑day period, appeal by originating notice to the Court of
Queen’s Bench.
(3) The
Court of Queen’s Bench may
(a) confirm,
cancel or vary the order made by the Minister, or
(b) make
any other order the Court considers appropriate.
(4) An
appeal under this section does not operate as a stay of the order being
appealed.
(5) If an operator who is the subject of an order
under section 14 requests the Minister to establish a board of review under
section 15 and the Minister establishes the board of review, the operator’s
right of appeal under this section in respect of the order is suspended until
the Minister deals with the order under section 15(4).
1985 cN‑14.1
s24;1996 c22 s2(16)
Part 3
General
Effect of termination of
a contract
18(1) Where the Minister cancels, suspends or
terminates a contract,
(a) the
Minister may remove all residents from the nursing home under the contract to
another nursing home or facility;
(b) the
operator shall account to a resident for all money and property of the resident
held by the operator and pay or deliver to the resident the money and property
then held by the operator;
(c) the operator shall deliver to the Minister
or a person authorized by the Minister all records in respect of the care and
property of residents in the nursing home.
1985 cN‑14.1
s25;1996 c22 s2(17)
Information to Minister
19 An operator shall provide information,
reports and returns to the Minister at the times and in the form and manner
required by the Minister.
1985 cN‑14.1
s26;1996 c22 s2(18)
Records
20(1) An operator shall cause to be kept a record in
respect of each resident and each resident’s property as prescribed by the
regulations.
(2) Information
in a resident’s record shall be treated as private and confidential information
and, except as prescribed by the regulations, shall not be published, released
or disclosed in any manner that would be detrimental to the personal interest,
reputation or privacy of a resident or person caring for a resident.
(3) A person who knowingly and wilfully releases or
discloses information obtained from a resident’s record to a person not
authorized to receive the information is guilty of an offence and liable to a
fine of not more than $500.
(4) Subsection
(2) does not apply to health information as defined in the Health Information Act.
RSA 2000 cN‑7
s20;RSA 2000 cH‑5 s120
Prohibition
21 No person other than a regional health authority
or a person who has a contract with a regional health authority under section 2
may
(a) hold
out that the person is the operator of a nursing home, or
(b) use the term “nursing home” to describe a
facility operated by that person.
1985 cN‑14.1
s28;1996 c22 s2(19)
Offence and penalty
22(1) Subject to section 20(3), a person who
contravenes this Act or the regulations is guilty of an offence and liable to a
fine of not more than $5000.
(2) Notwithstanding
anything in this Act, the Minister may cancel a nursing home contract on any
notice to the operator that the Minister considers appropriate if the Minister
is satisfied
(a) that
the operator has been convicted of an offence under subsection (1), and
(b) that the time for appealing the conviction
has expired without an appeal having been taken or that all appeals from the
conviction have been concluded and the conviction was upheld.
1985 cN‑14.1 s29
Regulations
23 The Lieutenant Governor in Council may make
regulations
(a) prescribing
the types of services that are basic care;
(b) prescribing
the basis on which and circumstances under which the Minister may deem a person
to be a resident of Alberta;
(c) prescribing
the period during which a person must reside in Alberta to qualify as an
eligible resident;
(d) respecting
the form and contents of nursing home contracts;
(e) governing
revenues and deficits of nursing homes owned or operated by regional health
authorities and the manner of accounting for them by regional health
authorities;
(f) prescribing
the information regarding a change in ownership of the shares of a distributing
corporation that is to be provided to the Minister;
(g) prescribing
the basis on which and circumstances under which the Minister may purchase the
land and buildings and personal property used for a nursing home;
(h) prescribing
the other requirements or conditions for the admission or continued stay of a
resident in a nursing home;
(i) prescribing
the basis on which and circumstances under which the Minister may enter into
agreements with operators;
(j) prescribing
the kinds of operating and capital costs and operators or categories of
operators eligible for grants;
(k) prescribing
the conditions on which a grant is made and requiring the repayment of the
grant to the Government if the conditions are not met;
(l) providing
for the payment of a grant in a lump sum or by instalments and prescribing the
time or times at which the grant or the instalments may be paid;
(m) requiring
an operator to account for the way in which a grant is spent in whole or in
part;
(n) authorizing
the Minister to enter into an agreement with respect to any matter relating to
the payment of a grant;
(o) governing
any matter pertaining to hearings held by the board of review referred to in
section 15;
(p) governing
the determination of the continued need for nursing home care of a resident and
the discharge of a resident from a nursing home;
(q) governing
the removal of a resident from a nursing home and the liability of a resident
for the cost of the resident’s nursing home care after the resident has been
found no longer to be in need of nursing home care;
(r) providing
for payment by the Government of all or any part of the accommodation charge of
eligible residents under certain conditions to be prescribed in the
regulations;
(s) prescribing the persons to whom and the
circumstances under which information contained in a resident’s record referred
to in section 20(2) may be disclosed.
1985 cN‑14.1
s30;1996 c22 s2(20)
Ministerial regulations
24 The Minister may make regulations
(a) specifying,
within the types prescribed by the Lieutenant Governor in Council, the services
that are basic care;
(b) respecting
the determination of the rates of benefits to be paid in respect of basic care
and care provided under approved programs;
(c) prescribing
the admission policies to be followed by nursing homes and limiting the number
of residents who are not eligible residents that may be cared for in a nursing
home at any one time;
(d) providing
for the establishment, composition and operation of assessment committees to
determine the need of a resident for nursing home care;
(e) governing
the operation and staffing of nursing homes;
(f) providing
for the preparation and adoption by an operator of medical bylaws governing the
organization and conduct of physicians practising in the nursing home;
(g) respecting
the determination of accommodation charges;
(h) prescribing
the number of semi‑private or private rooms for which extra charges may
be made to residents;
(i) prescribing
the maximum amount that and circumstances under which an operator may charge an
eligible resident for preferred accommodation in the operator’s nursing home;
(j) limiting
the amount of money that may be held in trust for a resident and governing
trust accounts maintained for residents and interest in respect of money held
in trust;
(k) governing
property of a resident at or coming to a nursing home and the obligation of an
operator in connection with that property;
(l) governing
standards applicable to nursing homes, including but not limited to standards
relating to the programming, design and construction of nursing homes and the
care, services, drugs and medical supplies to be provided in nursing homes;
(m) providing
for the establishment of specific programs for the provision of care to a
resident in a nursing home, of the level and kind and on the basis prescribed
in the regulations;
(n) prescribing the basis for the sharing of the
costs of the care referred to in clause (m) by the Government and the resident
and the basis for including the care in nursing home care.
1985 cN‑14.1
s31;1987 c29 s18;1996 c22 s2(21)
