O. Reg. 205/21: GENERAL
filed March 18, 2021 under Long-Term Care Homes Act, 2007, S.O. 2007, c. 8
Skip to contentontario regulation 205/21
made under the
Long-Term Care Homes Act, 2007
Made: March 18, 2021
Filed: March 18, 2021
Published on e-Laws: March 19, 2021
Printed in The Ontario Gazette: April 3, 2021
Amending O. Reg. 79/10
(GENERAL)
1. Section 108 of Ontario Regulation 79/10 is amended by striking out “either the Ministry or a local health integration network” at the end of the portion before clause (a) and substituting “the Ministry, the Agency or a local health integration network”.
2. Section 153 of the Regulation is revoked.
3. Clause 171 (4) (c) of the Regulation is amended by striking out “the local health integration network for the geographic area in which the hospital is located has” at the beginning and substituting “the Agency has”.
4. Subclause 176 (1) (a) (iv) of the Regulation is revoked and the following substituted:
(iv) resides in a supportive housing program that is funded by the Ministry of Health, a local health integration network or the Agency to provide personal support services and homemaking services to persons who require that such services be available on site 24 hours a day, or
5. (1) Clauses 198 (2) (a) and (b) of the Regulation are revoked and the following substituted:
(a) upon the recommendation of the Agency; or
(b) upon the Director’s own initiative, after having considered the input of the Agency and the licensee of the home.
(2) Subsection 198 (3) of the Regulation is amended by striking out “the local health integration network” and substituting “the Agency”.
6. Section 199 of the Regulation is revoked and the following substituted:
Agreement with Agency
199. (1) The operation by a licensee of a specialized unit shall be subject to the terms and conditions in an agreement between the licensee and the Agency.
(2) The agreement between the licensee and the Agency shall also contain the terms and conditions, if any, specified by the Director under subsection 198 (2) or (6).
7. (1) Clause 206 (1) (a) of the Regulation is revoked and the following substituted:
(a) upon the recommendation of the Agency; or
(2) Subsection 206 (2) of the Regulation is revoked and the following substituted:
(2) Where the Agency recommends a revocation to the Director, it shall provide the Director with,
(a) the reason or reasons for recommending the revocation;
(b) a plan developed by the Agency in consultation with the licensee and the appropriate placement co-ordinator that sets out,
(i) the arrangements that will be made for the accommodation, care and services of the residents of the specialized unit, and
(ii) anticipated timelines for carrying out the plan; and
(c) a proposal for what is to occur with respect to the beds that will no longer be designated as part of the specialized unit.
(3) Subsection 206 (3) of the Regulation is amended by striking out “the local health integration network” and substituting “the Agency”.
(4) Clauses 206 (4) (a) and (b) of the Regulation are revoked and the following substituted:
(a) inform the licensee, the Agency and the appropriate placement co-ordinator of the revocation; and
(b) provide the approved plan, with or without amendments made by the Director, to the licensee, the Agency, and the appropriate placement co-ordinator.
8. The definition of “detailed allocation” in section 211 of the Regulation is revoked and the following substituted:
“detailed allocation” means the reconciliation report for a calendar year, together with the auditor’s report on that reconciliation report, that is submitted to the Minister under clause 243 (1) (a) and to,
(a) the local health integration network for the geographic region in which the long-term care home is located as is, or was previously, required by regulations made under the Local Health System Integration Act, 2006, or
(b) the Agency, as is required by regulations made under the Connecting Care Act, 2019.
9. Subsections 243 (6) and (7) of the Regulation are revoked and the following substituted:
(6) If the funding paid to the licensee by the Minister under subsection 90 (1) of the Act in respect of the home exceeds the allowable subsidy for the reconciliation period, the excess funding paid is a debt owing by the licensee to the Crown in right of Ontario and, in addition to any other methods available to recover the debt, the Minister may deduct the excess funding paid from subsequent payments to the licensee or may direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, to deduct it from the payments of funding.
(7) If the funding paid to a licensee by the Minister under subsection 90 (1) of the Act in respect of the home is less than the allowable subsidy for the reconciliation period, the Minister shall pay the difference to the licensee or direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, to pay it to the licensee.
10. Section 244 of the Regulation is revoked.
11. (1) Subparagraph 245 1 i of the Regulation is revoked and the following substituted:
i. a local health integration network under section 19 of the Local Health System Integration Act, 2006 or the Agency under section 21 of the Connecting Care Act, 2019 including goods and services funded by a local health integration network or the Agency under a service accountability agreement, and
(2) Paragraph 2 of section 245 of the Regulation is amended by adding “or the Agency” after “network”.
(3) Paragraph 3 of section 245 of the Regulation is amended by adding “or the Agency” at the end.
12. Section 262 of the Regulation is revoked and the following substituted:
Licensee to retain records
262. For the purposes of section 92 of the Act, every licensee of a long-term care home shall keep, for each long-term care home operated by the licensee,
(a) complete current books of account relating to the long-term care home that,
(i) contain sufficient detail to support the information required in any reconciliation reports requested by the Minister, a local health integration network or the Agency,
(ii) set out all of the revenue and expenditures of the home,
(iii) contain a separate record of money received by the licensee for the home from sources other than under the Act, the Local Health System Integration Act, 2006 or the Connecting Care Act, 2019, and
(iv) are audited annually by a person licensed under the Public Accounting Act, 2004 or, in the case of a municipal home or a joint home approved under Part VIII of the Act, by the municipal auditor who audits the books of account and ledgers of the home;
(b) reconciliation reports as required by,
(i) the Minister under section 243,
(ii) a local health integration network in regulations under the Local Health System Integration Act, 2006, regardless of whether or not those regulations are currently in force, or
(iii) the Agency in regulations under the Connecting Care Act, 2019;
(c) any financial report requested by the Director under section 88 of the Act and the records used to produce that report;
(d) any agreement between the Minister and the licensee for funding provided under section 90 of the Act and any service accountability agreement required by section 20 of the Local Health System Integration Act, 2006 or section 22 of the Connecting Care Act, 2019, the records and reports required under those agreements and the records used to produce those records and reports;
(e) any written agreement for charges between the licensee and a resident or a person authorized to enter into an agreement on the resident’s behalf;
(f) all applications that the licensee is required to retain under clause 253 (4) (d);
(g) records indicating the amounts the licensee has charged residents; and
(h) records to substantiate that the licensee has provided residents with accommodation, care, services, programs and goods.
13. Section 268 of the Regulation is revoked.
14. (1) Paragraph 4 of subsection 303 (3) of the Regulation is revoked and the following substituted:
4. Where service is on a corporation other than a municipality, board of management, local health integration network or the Agency, by delivering a copy of the document personally to an officer of the corporation or to a person apparently authorized to accept the delivery in an office of the corporation.
(2) Subsection 303 (3) of the Regulation is amended by adding the following paragraph:
8. Where service is on the Agency, by delivering a copy of the document personally to the chief executive officer of the Agency, to an officer of the Agency, or to a person apparently authorized to accept the delivery in the head office of the Agency.
15. Subsection 310 (2) of the Regulation is revoked and the following substituted:
(2) The licensee shall, in consultation with the Director, the appropriate placement co-ordinator and the Agency, develop a closure plan for the home that the Director determines is sufficient to adequately provide for,
(a) the relocation of the residents;
(b) the closure of the home; and
(c) the satisfaction of the requirements the licensee is required to meet with regard to the home.
16. Subsection 312 (4) of the Regulation is revoked and the following substituted:
(4) The licensee shall co-operate with the Director, the appropriate placement co-ordinator and the Agency with respect to closing the home and relocating its residents.
17. (1) Subparagraph 4 xiv of subsection 317 (2) of the Regulation is revoked and the following substituted:
xiv. section 243,
(2) Paragraph 4 of subsection 317 (4) of the Regulation is amended by striking out “sections 243 and 244” and substituting “section 243”.
Commencement
18. This Regulation comes into force on April 1, 2021, and if it is filed after that day, shall be deemed to have come into force on that day.