An Ontario Superior Court has upheld Bill 7, a controversial law allowing hospitals to transfer discharged patients requiring an alternate level of care (ALC) to nursing homes they did not choose. The law, designed to free up hospital beds, also permits hospitals to charge patients $400 per day if they refuse the transfer.
Justice Robert Centa dismissed a Charter challenge brought forward by the Ontario Health Coalition and the Advocacy Centre for the Elderly, ruling that Bill 7 serves an important objective.
“Bill 7 advances an important goal of reducing the number of ALC patients in hospitals to free up beds for those who need hospital-level care,” Centa wrote in the decision. He added that the law does not infringe on patients’ liberty, dignity, or autonomy in a way that violates their Charter rights.
The judge determined that any limitations on patients’ rights were justified, stating that they were “rationally connected” to the goal and proportionate to the public interest.
Enacted in late 2022, Bill 7 grants hospital placement coordinators the authority to transfer ALC patients to nursing homes without their consent if a doctor has deemed the transfer necessary.
- Transfer Distance: Patients may be moved to nursing homes up to 70 kilometers away in southern Ontario and up to 150 kilometers away in northern Ontario.
- Fee for Refusal: Patients who refuse the transfer can be charged $400 per day for remaining in the hospital bed.
The law has drawn criticism from seniors’ advocates, who argue that it unfairly impacts vulnerable populations and removes patient choice.
The Ontario Health Coalition and the Advocacy Centre for the Elderly argued that Bill 7 had not achieved its intended purpose, pointing to government data showing an increase in ALC patients more than a year after its enactment.
However, Justice Centa disagreed, emphasizing the law’s importance in addressing hospital overcrowding. “Any limitations on the rights of ALC patients are rationally connected to that goal,” he stated.
The Ontario government has defended the law as a “temporary measure” to address hospital bed shortages. It has stated that ALC patients placed in non-preferred nursing homes will eventually be transferred to a home of their choice once a spot becomes available.
Bill 7 continues to spark outrage among seniors and advocacy groups, who view the law as coercive and detrimental to the rights of vulnerable patients. The Ontario Health Coalition expressed disappointment with the ruling, emphasizing their belief that the law undermines patient dignity and choice.
The decision highlights the ongoing tension between addressing systemic healthcare challenges and protecting individual rights, with Bill 7 serving as a focal point in Ontario’s efforts to reduce hospital overcrowding.