9Alteration of conditions applicable to a nursing home

9 Alteration of conditions applicable to a nursing home

(1) The Minister may, at any time, on application in writing made under this subsection by the proprietor of a nursing home, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4(6)(a) such other number as is determined by the Minister. (1A) Where the Minister is satisfied that the average rate of utilization, by qualified nursing home patients, of the number of beds determined in relation to a nursing home for the purposes of paragraph 4(6)(a) is less than such rate as he or she determines to be the minimum rate in relation to the nursing home, the Minister may, at any time, on application in writing made under this subsection by the proprietor of the nursing home or otherwise, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4(6)(a) such lesser number as is determined by the Minister. (1AA) The Minister may, at any time, on application in writing by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home by determining conditions in relation to the nursing home for the purposes of paragraph 4(6)(aa) or by revoking or varying any conditions previously determined by the Minister in relation to the nursing home for the purposes of that paragraph. (1AB) Where the Minister, under subsection (1) or (1A), determines, or has at any time determined, a number of beds in relation to a nursing home, the Minister may determine, in writing, that such number of those beds as is specified in the second determination are approved in relation to a particular special needs group or particular special needs groups. (1B) The Minister may, at any time, on application in writing made under this subsection by the proprietor of a nursing home or otherwise, alter the conditions applicable to the approval that relates to approved services to be provided by the proprietor of the nursing home: (a) by substituting for the approved class of persons to whom the approval of those services relates such other class of persons as is determined by the Minister; or (b) by determining conditions in relation to the approval under paragraph 6(4)(b) or by revoking or varying any condition previously determined by him or her in relation to that approval under that subsection. (1C) The Minister may, at any time, on application in writing made under this subsection by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home by determining conditions in relation to the nursing home under paragraph 4(6)(c) or by revoking or varying any conditions previously determined by him or her in relation to the nursing home under that paragraph. (1CA) If the applicant referred to in subsection (1) of this section is the holder of a certificate in force under subsection 3A(3), the Minister shall not exercise his or her powers under subsection (1) in a manner inconsistent with that certificate. (1CB) The Minister shall not exercise a power under subsection (1AA) in relation to a nursing home in a manner inconsistent with: (a) a certificate in force in respect of the home under subsection 3A(2) or (3) and containing a statement for the purpose of paragraph 3A(2)(c) or(3)(c); or (b) a determination in force in relation to the home under subsection (1AB) or subsection 4(6AB). (1D) Where: (a) the proprietor of an approved nursing home applies under this section to the Minister for the Minister to alter the conditions applicable to the nursing home, or to approved services provided by the proprietor; (b) the applicant informs the Minister, in writing, after the expiration of the period of 2 months after the day on which the application was made, that the applicant elects to apply this subsection to the application; and (c) the Minister has neither altered the conditions, whether in accordance with the application or otherwise, nor refused the application, before being so informed; the Minister shall, upon being so informed, be deemed to have refused the application. (1E) Where the Minister makes a decision under this section refusing an application, he or she shall cause to be served on the applicant, either personally or by post, a notice in writing setting out that decision. (2) Where, whether under this section or by virtue of the operation of law, the conditions applicable to an approved nursing home, or to an approval that relates to approved services provided at premises by the proprietor of a nursing home, are altered, the Minister shall cause to be issued to the proprietor of the nursing home, in place of the certificate of approval in force under this Act in relation to the nursing home or to the approved services provided at those premises, a new certificate of approval, in accordance with the authorized form, specifying: (a) the conditions as so altered; and (b) the date on and from which those altered conditions have effect. (2A) A certificate of approval issued under subsection (2) shall be accompanied by a notice setting out the effect of subsection (3). (3) Where a new certificate of approval is issued to the proprietor of a nursing home under subsection (2) in relation to the nursing home or to premises at which he or she is providing approved services, the proprietor shall forward the certificate of approval previously issued to him or her in relation to the nursing home or premises to the Minister.