AI-assisted research summary: This regulation lets psychiatric facilities charge long term care patients a daily authorized charge, gives patients an appeal right, and lets the minister waive some or all of the charge in certain hardship cases.
Charges Payable by Long Term Care Patients Regulation, M.R. 155/97 The Mental Health Act , C.C.S.M. c. M110 Regulation 155/97 Registered July 17, 1997 bilingual version (HTML) Table of Contents Section 1 Definition 2 Daily authorized charge 3 Appeal 3.1 Waiver — spouse or common-law partner living in the community 4 Repeal 5 Coming into force Definition 1 In this regulation, "long term care patient" means a patient requiring long term care and maintenance in a psychiatric facility who has been in a psychiatric facility for more than 180 days from the date of admission, but does not include a patient who has been admitted to the facility involuntarily under The Mental Health Act . M.R. 104/2000 ; 207/2002 Daily authorized charge 2(1) A psychiatric facility may make a daily authorized charge to a long term care patient in the same amount as the daily authorized charge payable by an insured person for personal care under the Personal Care Services Insurance and Administration Regulation , Manitoba Regulation 52/93, under The Health Services Insurance Act . 2(2) When a long term care patient who has been discharged to the community is readmitted to a psychiatric facility within 90 days after discharge, that patient shall begin paying the daily authorized charge under subsection (1) from and after the day of readmission, unless the patient's attending physician, in consultation with the treatment team, certifies that the readmission is for reasons of acute or rehabilitative intervention. 2(3) No authorized charge is payable under this section by a long term care patient whose care and maintenance are the responsibility of the Government of Canada. Appeal 3 A long term care patient may appeal an authorized charge required to be paid under section 2 to the Manitoba Health Appeal Board in the same manner as an insured person may appeal an authorized charge for personal care under The Health Services Insurance Act . M.R. 89/2007 Waiver — spouse or common-law partner living in the community 3.1(1) Notwithstanding any other provision of this regulation, the minister may waive payment of all or part of an authorized charge payable by a long term care patient in order to ensure that the spouse or common-law partner of the patient does not suffer undue financial hardship, but only if the following conditions are met: (a) the spouse or common-law partner resides outside a health facility; (b) in the case of a common-law partner, he or she cohabited with the patient in a conjugal relationship for a period of at least one year immediately before the patient's admission to the facility; (c) the combined net income of the insured person and his or her spouse or common-law partner is less than $41,100 plus $8,500 for each dependant of the long term care patient residing outside a health facility; (d) the long term care patient and his or her spouse or common-law partner have attempted to obtain income from all sources for which they are eligible, including but not limited to income assistance, Old Age Security and the Guaranteed Income Supplement. 3.1(2) In this section, "dependant" means a child of a long term care patient who is (a) under 18 years of age; (b) over 18 years of age but mentally or physically incapacitated; or (c) over 18 years and attending a university, secondary school or other educational institution. M.R. 104/2000 ; 207/2002 ; 110/2003 ; 96/2005 ; 130/2006 ; 89/2007 ; 110/2008 ; 111/2009 ; 74/2010 ; 67/2012 ; 109/2013 ; 106/2015 ; 122/2016 ; 75/2018 ; 72/2020 ; 98/2022 ; 73/2024 ; 58/2025 Repeal 4 The Charges Payable by Long Term Care Patients and Residents Regulation , Manitoba Regulation 314/88 R, is repealed. Coming into force 5 This regulation comes into force on August 1, 1997.