BILL 80
An Act to Amend the Nursing Homes Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Nursing Homes Act, chapter 125 of the Revised Statutes, 2014, is amended
ain the definition “Director” by striking out “Director of Nursing Home Services” and substituting “director responsible for nursing home services”;
bin the English version of the definition “operator” by striking out “a person who by himself or herself or through his or her agent” and substituting “a person who, by themselves or through their agent,”.
2 Subsection 2(2) of the Act is amended by striking out “Director of Nursing Home Services” and substituting “director responsible for nursing home services”.
3 Subsection 7(3) of the English version of the Act is amended by striking out “his or her” and substituting “the Minister’s”.
4 Subsection 9(2) of the English version of the Act is repealed and the following is substituted:
9( 2) When a resident is unable on their own to vacate a nursing home as required under subsection (1), the next of kin or legal representative of the resident shall assist the resident in doing so.
5 Section 13 of the English version of the Act is amended
ain paragraph (a) in the portion preceding subparagraph (i) by striking out “his or her” and substituting “their”;
bby repealing paragraph (b) and substituting the following:
binvolve a resident or person approved for admission to a nursing home and their next of kin or legal representative in plans regarding the admission or discharge of the resident or person approved for admission to a nursing home;
cin paragraph (c) by striking out “his or her” and substituting “their”.
6 Section 17 of the Act is repealed and the following is substituted:
17 An operator may discharge a resident in the circumstances prescribed by regulation.
7 The Act is amended by adding after section 17 the following:
Notification of discharge
17.1( 1) No operator shall discharge a resident unless the operator gives notice at least 30 days before the date of discharge to the following persons:
athe resident;
bthe next of kin or legal representative of the resident or, if there is no next of kin or legal representative, the Director; and
cthe Minister.
17.1( 2) Despite subsection (1), if the operator believes on reasonable grounds that the immediate discharge of the resident is necessary for the safety of the resident or of other residents or staff, the operator may give notice immediately before the resident is discharged.
8 Section 18 of the English version of the Act is amended by striking out “his or her” and substituting “their”.
9 Subsection 23(1) of the English version of the Act is amended by striking out “himself or herself” and substituting “themselves”.
10 Subsection 25(2) of the English version of the Act is amended by striking out “his or her” wherever it appears and substituting “their”.
11 The Act is amended by adding after section 28 the following:
Subrogation
28.1( 1) A person who becomes a resident of a nursing home due to personal injuries suffered as a result of the negligence or wrongful act of another person may make a claim against that person for their losses and injuries, in which case they shall attempt to recover the amount of assistance provided to them by the Minister under section 23.
28.1( 2) A person referred to in subsection (1) who suffered personal injuries and who recovers the amount or a portion of the amount of assistance provided to them by the Minister under section 23 shall remit the amount to the Minister without delay.
28.1( 3) The Crown in right of the Province may make a claim in its own name or in the name of the person referred to in subsection (1) who suffered personal injuries for recovery of the amount of assistance provided by the Minister under section 23.
28.1( 4) The fact that a release has been given, a claim has been settled or a judgment has been obtained shall not discharge the liability of the person who was negligent or who carried out the wrongful act for the amount of assistance provided by the Minister under section 23 unless the person referred to in subsection (1) who suffered personal injuries or the Crown in right of the Province attempted to recover or recovered the amount or a portion of the amount of that assistance.
28.1( 5) If a settlement of a claim or a judgment does not provide complete recovery to the person referred to in subsection (1) who suffered personal injuries for their losses and injuries and to the Crown in right of the Province for the amount of assistance provided to them by the Minister under section 23, the two parties shall share pro rata in proportion to their respective losses the amount recovered.
28.1( 6) No release or settlement of a claim is binding on the Crown in right of the Province unless the Minister has approved the release or settlement in writing.
28.1( 7) If the person who was negligent or who carried out the wrongful act is insured and the person referred to in subsection (1) who suffered personal injuries makes a claim without attempting to recover the amount of assistance provided to them under section 23, the insurer shall pay to the Minister the amount of assistance and payment shall discharge the liability of the insurer to pay that amount to the insured person in any subsequent claim.
28.1( 8) In an action commenced under this section, a certificate signed by or purporting to be signed by the Minister or a designate of the Minister is admissible in evidence in any court and is proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister or designate.
28.1( 9) Despite any other provision of this Act, the Minister may authorize the payment of a fee to a barrister and solicitor who makes a claim on behalf of a person referred to in subsection (1) who suffered personal injuries and who recovers the amount or a portion of the amount of assistance provided to them by the Minister under section 23.
12 Section 31 of the Act is amended
aby adding after paragraph (p) the following:
p.1authorizing a medical officer of health to determine the conditions under which a person employed in a nursing home may work in the nursing home while a carrier of or sick from a notifiable disease;
bin paragraph (jj) of the English version by striking out “his or her” and substituting “their”;
cin paragraph (kk) of the English version by striking out “his or her” and substituting “their”;
din paragraph (oo) of the English version by striking out “his or her discretion to waive contributions may be exercised” and substituting “the Minister may exercise discretion to waive contributions”.
13 Schedule A of the Act is amended
by striking out
| | 17(1) ............... | E | |
| | 17(2) ............... | E | |
and substituting the following:
| | 17............... | E | |
| | 17.1(1) ............... | E | |