Act
Amendments to the Fixing Long-Term Care Act, 2021
Regulation Number(s):
Instrument Type:
Act
Bill or Act:
Bill 7: More Beds, Better Care Act, 2022
Summary of Decision:
Bill 7: More Beds, Better Care Act, 2022, includes statutory amendments to the Fixing Long-Term Care Act, 2021 (FLTCA). It received Royal Assent on August 31, 2022 and was proclaimed into force on September 21, 2022.
Regulatory changes to operationalize these legislative changes also came into effect on September 21, 2022.
Regulatory changes to operationalize these legislative changes also came into effect on September 21, 2022.
Analysis of Regulatory Impact:
As part of Ontario's Plan to Stay Open: Health System Stability and Recovery, Bill 7 amends the Fixing Long-Term Care Act, 2021 (FLTCA) to ensure that alternate level of care (ALC) patients receive the right care in the right place. More specifically, these changes facilitate the admission of eligible patients, clinically determined to need an alternate level of care (ALC), into a long-term care home where they can receive care to better meet their needs.
These legislative amendments are enabling in nature and are designed to respond to Ontario's urgent need to stabilize the health and long-term care sectors and preserve our hospital capacity this fall/winter and into the future. The changes only apply to individuals who are in hospital and clinically determined to need an alternate level of care and may be eligible for LTC.
These legislative amendments are enabling in nature and are designed to respond to Ontario's urgent need to stabilize the health and long-term care sectors and preserve our hospital capacity this fall/winter and into the future. The changes only apply to individuals who are in hospital and clinically determined to need an alternate level of care and may be eligible for LTC.
Further Information:
Proposal Number:
22-HLTC028
Posting Date:
Summary of Proposal:
The statutory amendments to the FLTCA limit the ability to wait in hospital for a preferred long-term care home by facilitating the admission of eligible ALC patients into long-term care homes. The proposal is a key component of Ontario's Plan to Stay Open: Health System Stability and Recovery and intends to help ensure people receive the best possible care in the most appropriate care setting. The changes:
• Authorize the following actions to be taken in respect of eligible ALC patients to better facilitate their admission from hospitals to long-term care homes without the consent of the patient:
o For an attending hospital clinician (i.e. a physician or nurse practitioner) - if they reasonably believe that an ALC patient may be eligible for admission to a long-term care home - request that a placement coordinator undertake a number of actions, including determining the patient's eligibility for admission to a long-term care home.
o For the placement coordinator - determine eligibility for admission of the ALC patient to long-term care, select a long-term care home(s) for the ALC patient within geographic parameters set out in regulation, provide assessments and information about the ALC patient to a long-term care home, authorize admission to a long-term care home, and transfer responsibility to another placement coordinator based on the region in which the home is located.
o For a physician, registered nurse or other person described in the Act - who is qualified to conduct health or functional assessments - conduct assessments of the ALC patient as part of the process to determine eligibility for long-term care.
o For a licensee of a long-term care home - to review the assessments and information provided by the placement coordinator and approve or withhold approval of the ALC patient for admission; and if approved, to admit the ALC patient as a resident when they present themselves at the long-term care home.
o For any of the persons with authority to carry out the actions above and as described in regulation, to collect, use or disclose personal health information if necessary to carry out any of the actions described above.
• Clarify that the Act does not authorize the actions to be performed without consent unless reasonable efforts have been made to obtain consent of the ALC patient or their substitute decision maker.
• Clarify that the Act does not authorize the physical transfer of an ALC patient to a long-term care home without a person's consent.
• Clarify that this new process is not inconsistent with the Residents' Bill of Rights.
• Provide broad regulation-making authority to govern the actions described above.
• Authorize the following actions to be taken in respect of eligible ALC patients to better facilitate their admission from hospitals to long-term care homes without the consent of the patient:
o For an attending hospital clinician (i.e. a physician or nurse practitioner) - if they reasonably believe that an ALC patient may be eligible for admission to a long-term care home - request that a placement coordinator undertake a number of actions, including determining the patient's eligibility for admission to a long-term care home.
o For the placement coordinator - determine eligibility for admission of the ALC patient to long-term care, select a long-term care home(s) for the ALC patient within geographic parameters set out in regulation, provide assessments and information about the ALC patient to a long-term care home, authorize admission to a long-term care home, and transfer responsibility to another placement coordinator based on the region in which the home is located.
o For a physician, registered nurse or other person described in the Act - who is qualified to conduct health or functional assessments - conduct assessments of the ALC patient as part of the process to determine eligibility for long-term care.
o For a licensee of a long-term care home - to review the assessments and information provided by the placement coordinator and approve or withhold approval of the ALC patient for admission; and if approved, to admit the ALC patient as a resident when they present themselves at the long-term care home.
o For any of the persons with authority to carry out the actions above and as described in regulation, to collect, use or disclose personal health information if necessary to carry out any of the actions described above.
• Clarify that the Act does not authorize the actions to be performed without consent unless reasonable efforts have been made to obtain consent of the ALC patient or their substitute decision maker.
• Clarify that the Act does not authorize the physical transfer of an ALC patient to a long-term care home without a person's consent.
• Clarify that this new process is not inconsistent with the Residents' Bill of Rights.
• Provide broad regulation-making authority to govern the actions described above.
Contact Address:
400 University Avenue, 6th Floor, Toronto, ON M5G 1S5
Royal Assent Date:
August 31, 2022
Decision:
Approved