Bill 126 — A Bill Respecting Nursing Home Care (Legislature 15, Session 1)

L15 S1 1705

Alberta — Bills

No. 126 1st Session, 15th Legislature, A~berta 12 Elizabeth II BILL 126 A Bill respecting Nursing Home Care HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1964

Explanatory Note General. This Bill will establish a nursing home program for the Province and will provide for the giving of financial assistance in respect of eligible patients receiving nursing home care. 2.

Definitions. 3. An application may be made to have an auxiliary hospital district established as a nursing home district.

BILL No. 12·6 of 19'64

An Act respecting Nursing Home Care (Assented to , 1964) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as HThe Nursing Homes Act". 2.

(1) In this Act, (a) "benefits" means payment by the Province for nursing home care given by a contract nursing home to an eligible patient; (b) "contract nursing home" means a nursing home the operator of which has a contract with the Minister under

section 10; (c) "eligible patient" means a patient in respect of whom benefits are payable under

section 12; (d) "Minister" means the Minister of Health; (e) "nurSling home care" means the following services to patients, namely, (

i) accommodation, meals and laundry, (ii) personal ser~ices such as help and supervision in cleanliness, mobility, safety, feeding and dressing, (iii) special diets when necessary, (iv) routine drugs· and dressings as ordered by the attending physician, (

v) recreational, diversional and re-activational activities, and such other services as are prescribed by the regulations.

(2) Except where the context otherwise requires, all words used in this Act have the same meaning as they have under The Alberta Hospitals Act. 3.

(1) The councils of the included municipalities in an aux~liary hospital district may apply to the Minister for the establishment of the district as a nursing home district.

(2) The application shall ,be accompanied by such in formation as the Minister may require respecting the need for nursing home facilities in the district.

4. Where an auxiliary hospital district has already been in corporated it may be given the additional power to provide nursing home facilities in accordance with this Bill. 5. Where the auxiliary hospital district has not yet been in corporated, it may be incorporated under The 'Alberta Hospitals Act 2 (

a) with the power to provide nursing home facilities in accord ance with this Act, but (

b) unless an auxiliary hospital program is also submitted and approved, the power to operate auxiliary hospitals may be withheld. 6. Powers of a nursing home district generally. 7. Each district is to develop a nursing home program.

(1) Where the auxiliary h'Ospital district has previ'Ous ly been inc'Orp'Orated under secti'On 8 'Of The Alberta Hospitals Act, the applicati'On shall be made by the district b'Oard and the Minister may refer the applicati'On to the Lieutenant Govern'Or in Council f'Or an 'Order vesting in the b'Ody c'Orp'Orate the P'Ower t'O pr'Ovide for nursing h'Ome facilities in the district as auth'Orized by this Act.

(2) Where an 'Order is made under subsecti'On (1), the M,inister shall change the name 'Of the district fr'Om an auxiliary h'Ospital district t'O an auxiliary h'Ospital and nurs ing h'Ome district. 5.

(1) Where the auxiliary h'Ospital district in respect 'Of which an applicati'On is received has n'Ot been inc'Orp 'Orated, n'Ominati'Ons f'Or membership 'On the first district b'Oard shall be made as pr'Ovided in secti'On 7 'Of The Alberta Hospitals Act.

(2) After the required n'Ominati'Ons have been made, the applicati'On may be referred t'O the Lieutenant Govern'Or in Council f'Or an 'Order under secti'On 8 'Of The Alberta Hospitals Act inc'Orp'Orating the district (

a) with all the P'Owers menti'Oned in that secti'On, ex cept the power menti'Oned in clause (d) 'Of sub secti'On (2) there'Of, and (

b) with the power t'O pr'Ovide f'Or nursing home fa cilities in the district in acc'Ordance with this Act.

(3) Where an 'Order as menti'Oned in subsecti'On (2) is made, the Minister shall -change the name 'Of the district fr'Om an auxiliary h'Ospital district t'O a nursing h'Ome district.

(4) If an auxiliary h'Ospital pr'Ogram f'Or a district t'O which subsection (1) refers is submitted and appr'Oved in acc'Ordance with The Alberta Hospitals Act, the powers to be withheld under suhsecti'On (2) may be granted and in that case the name shall be changed t'O an auxiliary h'Ospital and nurSling h'Ome district. 6.

Subject t'O this Act, an auxiliary h'Ospital and nursing h'Ome district 'Or a nursing h'Ome district is a h'Ospital district within the meaning 'Of The Alberta Hospitals Act and the b'Oard 'Of the distr1ict has all the P'Owers, rights and re sP'Onsibilities with respect t'O nursing h'Omes that a district b'Oard has with respect t'O auxiliary h'Ospitals under The Alberta Hospitals Act and regulati'Ons, to the extent that they are applicable t'O nursing h'Omes. 7.

After the making 'Of an 'Order pursuant t'O secti'On 4 'Or 5, the board shall, in acc'Ordance with the regulati'Ons, devel'OP a nursing h'Ome pr'Ogram for the district and sub mit it t'O the Minister f'Or appr'Oval. 2

8. Powers of a district board with respect to nursing home facilities. 9. Appeal to the Lieutenant Governor in Council where a district board refuses to approve a nursing home. 10. Minister of Health authorized to enter into contracts with approved nursing homes for the payment of benefits with respect to eligible patients. 11. Suspension and cancellation of a contract. 3

8. After approval of the program and subject to this Act and the regulations, a board has power to (

a) construct, operate, maintain, manage and control one or more nursing h'Omes in the district, (

b) lease facilities in the district to a person who will operate them as a nursing home to serve residents of the district, (

c) enter into an agreement with a person for the pro vision and operation by that person of a nursing home in the district to serve residents of the district, and (

d) give its approval to any nursing home within the district that meets the requirements of the regula tions, and forms part of the nursing home program 'Of the district. 9. Where a board refuses or fails to approve a nursing home, the operator of the home may appeal to the Lieuten ant Governor in Council who may recommend to the district board approval 'Of a nursing home. 10.

(1) The M!inister may enter into a contract on the approval 'Of the district board with the operator of an ap proved nursing home f'Or the provision of nursing home care t'O eligible patients and for the payment to the home by the Province of an amount on a patient day basis, as prescribed by the regulations.

(2) Notwithstanding anything contained in this Act or the regulations or a contract entered into pursuant to subsection (1), during the first year after the establish ment of the nursing home program 'Of a district the number of contract nursing home beds in the district shall not ex ceed approximately three for everyone thousand of popula tion in the district. 11.

(1) A contract with the Minister is automatically cancelled upon a change of ownership or control of a nursing home, unless the district board and the Minister give their approval of the change before the change is effected.

(2) The Minister may, upon ninety days' n'Otice lin writ ing, suspend or cancel a contract with the operator of a nursing home.

(3) The operat'Or of a nursing home may, within thirty days of receiving a n'Otice of suspension or cancellation of his contract, appeal to the Lieutenant Governor in Gouncil who may, in his discretion, (

a) confirm the suspension 'Or cancellation of the con tract, or (

b) order that the contract be reinstated, either un c'Onditionally or subject to such conditi'Ons as he may prescri'be. 3

12. Patients who are eligible for benefits. 13. Inspection of contract nursing homes. 14. Prohibitions. 4

(1) Benefits may be paid only lin respect of a patient in a contract nursing home (

a) who has been found by an assessment committee appointed pursuant to the regulations to require care in a nursing home, (

b) who has established his home in Alberta and has resided in Alberta for the three consecutive years immediately preceding the application for benefits, and (

c) who meets other requirements or conditions pre scribed by the regulations.

(2) Benefits may not be paid in respect of a patient whe.re payment for his care in a nursing home (

a) is the responsibility of (

i) the Department of Public Welfare, (

H) the Workmen's Compensation Board, (iii) the Department of Veterans' Affairs (Can ada), (iv) the Department of National Defence (Canada), or (

v) the Indian and Northern Health Services of the Department of National Health and Welfare (Canada), or (

b) is provided for under any other statute.

(3) Nothing under this Act shall'be construed to prevent a person who does not desire to receive benefits as provided pursuant to this Act from assuming the entire responsibility for the payment of the costs of his care in a nursing home. 13.

The Minister or any person authorized by him or a visiting team authorized by the Lieutenant Governor in Council may at all times enter any buildings and grounds of a contract nursing home and may examline the premises and any books and records kept in connection with the operation of the nursing home and request any other in formation they require and the operator of the nursing home shall provide all the information so required as soon as is reasonably possible. 14.

(1) The term ~'contract nursing home" ,may only be used to describe a nursing home the operator of which has a contract with the Minister pursuant to this Act and no person shall (

a) hold himself out as the operator of a contract nursing home, or (

b) use the term contract nursing home to describe a nursing home or other place operated by him, unless he holds such a contract. 4

15. Offence and penalty. 18. iRegulations may be made by the Lieutenant Governor in Council. 5

(2) No person shall make or suhmit a false statement or falsify any report that he is required to make or submit to any person under this Act or the regulations. 15.

(1) A person who contravenes th1s Act or the regula tions is guilty of an offence and liable on

summary convic tion to a fine of not more than five hundred dollars and in default of payment to a term of imprisonment not exceed ing ninety days.

(2) When the operator of a contract nursing home is convicted under subsection (1), his contract is subj ect to immediate cancellation. 16. The Lieutenant Governor in Council may make regula Hons (

a) prescribing the information to be contained in the nursing home program of a district, (

b) prescrihing the basis upon which the Minister may enter into contracts with the operators of approved nursing homes and the terms of such contracts, (

c) prescribing the terms and conditions upon which a district board may approve a nursing home, (

d) prescribing standards applica;ble to contract nurs ing homes, including but not limited to standards relating to the location, size, rated capacity, type of construction, equipment, accommodation and facilities of the homes and the care, services, drugs and medical supplies to be provided in the homes, (

e) prescribing other services that are to be provided as nursing home care, (

I) prescribing the records to be kept and the reports to be made by the operators of contract nursing homes, (

g) respecting the employment of staff in contract nursing homes, (

h) prescribing the number of semi-private or private rooms for which extra charges may be made to patients, (

i) prescribing the maximum amount that may be charged patients in contract nursing homes for ac commodation in single and multiple bed wards, (

j) prescribing the admission policies to-he followed by contract nursing homes and limiting the number of non-eligible patients that may be in a contract nursing home at anyone time, (

k) providing for the establishment, composition and operation of assessment committees to determine the need for nursing home care, (

l) setting the amount payable per day 'by the Prov ince with respect to eligible patients in contract 5

17. IContract nursing homes are not required to be licensed or regulated under The Welfare Homes Act. 18~ Commencement of Act. 6

nursing homes and the amount payable by patients and providing for payment by the Province of all or any part of the charges of eligible patients under certain conditions to be prescribed in the regula tions, (

m) authorizing the Minister to develop home care pro jects, and (

n) concerning any other matter he considers necessary to carry out the purpose and objects of this Act. 17. The Welfare Homes Act is amended as to

section 4 by adding the following subsection:

(3) This Act does not apply to a contract nursing home under The Nursing Homes Act. 18. This Act comes into force on the first day of April, 1964. 6

No. 126 FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL

An Act respecting Nursing Home Care Received and re'ad the First time Second time ..................................... . Third time ...................................... .. HON. DR. Ross Title: 1964 (15th, 1st) Bill 126,

An Act respecting Nursing Home Care

Document details

Collection	Alberta — Bills
Citation	L15 S1 1705
Type	bill
Volume / chapter	L15 S1 1705
Language	en
Format	json
Source	PROVINCIAL
Identifier	70a829d3173d80ec3af1966ea9da15472d936a8a

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