Course:Law3020/2014WT1/Group O

Alberta v Elder Advocates of Alberta Society

Flag of Alberta [1]

Case Brief

Facts

• Alberta is responsible for the cost of medical care required by the residents of nursing homes and auxiliary hospitals, but patients may be asked to contribute to the costs of their housing and meals through the payment of accommodation charges.
  • "Nursing homes, or LTCFs, are regulated by the Nursing Homes Act and receive funding from both the Alberta government, by way of the RHAs, and the nursing home residents themselves. Nursing home operations — which are run by either private operators or the RHAs, not by the Province — may impose on residents an accommodation charge for housing and meals, not to exceed a maximum daily amount prescribed by regulation (Para 10)"
• Alberta long-term care facilities allege that the government artificially inflated accommodation charges to subsidize the cost of medical expenses
  • August 1st, 2003 – Alberta’s Minister of Health and Wellness, raised the maximum accommodation charge payable by residents of the province’s nursing homes and auxiliary hospitals (para 14) despite knowledge of “past practice” on part of LTCF’s