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O. Reg. 106/17: PROVISION OF COMMUNITY SERVICES

filed April 13, 2017 under Home Care and Community Services Act, 1994, S.O. 1994, c. 26

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ontario regulation 106/17

made under the

Home Care and Community Services Act, 1994

Made: April 12, 2017
Filed: April 13, 2017
Published on e-Laws: April 13, 2017
Printed in The Ontario Gazette: April 29, 2017

Amending O. Reg. 386/99

(PROVISION OF COMMUNITY SERVICES)

1. (1) The definition of “community care access centre” in subsection 1 (1) of Ontario Regulation 386/99 is revoked.

(2) The definition of “local health integration network” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006, and where the context requires, means such a network that is deemed to be an approved agency or service provider, as the case may be, under section 28.4 of the Act; (“réseau local d’intégration des services de santé”)

2. (1) Subsection 2 (1) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Subsection 2 (1) of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

(1) A local health integration network shall not provide homemaking services to a person unless the following eligibility criteria are met:

. . . . .

3. (1) Subsection 3 (3) of the Regulation is amended by adding “or local health integration network” after “community care access centre” wherever it appears in the portion before clause (a).

(2) Subsection 3 (3) of the Regulation, as amended by subsection (1), is amended by striking out the portion before clause (a) and substituting the following:

(3) Despite subsection (1), if an approved agency that is a local health integration network determines that extraordinary circumstances exist that justify the provision of additional services, the local health integration network may provide more than the maximum number of hours of homemaking and personal support services set out in that subsection,

. . . . .

4. (1) Section 3.3 of the Regulation is amended by adding “or local health integration network” after “community care access centre”.

(2) Section 3.3 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

3.3 Sections 3.4 and 3.5 do not apply to the provision of professional services by a local health integration network to a person who resides in a long-term care home.

5. (1) Section 3.4 of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Section 3.4 of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

3.4 A local health integration network shall not provide professional services to a person unless the following eligibility criteria are met:

. . . . .

6. (1) Section 3.5 of the Regulation is amended by adding “or local health integration network” after “community care access centre” wherever it appears.

(2) Section 3.5 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

3.5 (1) Subject to subsections (2) and (3), a local health integration network may provide a professional service to a person in the person’s home or in a congregate or group setting. 

(2) A local health integration network may provide pharmacy services to a person only in the person’s home.

(3) A local health integration network may provide physiotherapy services and medical supplies, dressings and treatment equipment necessary to the provision of physiotherapy services to a person,

(a) in the person’s home, if the eligibility criterion in subparagraph 7 i of section 3.4 is met; or

(b) in a congregate or group setting, if one of the eligibility criteria in sub-subparagraph 7 ii A or B of section 3.4 is met.

7. (1) Subsection 3.6 (1) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Subsection 3.6 (1) of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

(1) A local health integration network may provide only the following professional services to a person who is a resident of a long-term care home:

. . . . .

(3) Subsection 3.6 (2) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(4) Subsection 3.6 (2) of the Regulation, as amended by subsection (3), is amended by striking out the portion before paragraph 1 and substituting the following:

(2) A local health integration network shall not provide the professional services listed under subsection (1) to a person who is a resident of a long-term care home unless the following eligibility criteria are met:

. . . . .

8. (1) Subsection 4 (1) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Subsection 4 (1) of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

(1) A local health integration network shall not provide a person with more than the lesser of the following amounts of nursing services:

. . . . .

(3) Subsection 4 (1.1) of the Regulation is amended by adding “or local health integration network” after “community care access centre” wherever it appears in the portion before clause (a).

(4) Subsection 4 (1.1) of the Regulation, as amended by subsection (3), is amended by striking out the portion before clause (a) and substituting the following:

(1.1) Despite subsection (1), if a local health integration network determines that extraordinary circumstances exist that justify the provision of additional services, the local health integration network may provide more than the maximum amount of nursing services set out in that subsection,

. . . . .

(5) Subsection 4 (3) of the Regulation is amended is amended by adding “or local health integration network” after “community care access centre”.

(6) Subsection 4 (3) of the Regulation, as amended by subsection (5), is revoked and the following substituted:

(3) In determining the maximum amount of nursing services that may be provided to a person under this section, a local health integration network shall not include any nursing services that are provided as school health professional services under sections 5 and 6. 

9. (1) Subsection 5 (2) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Subsection 5 (2) of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

(2) A local health integration network shall not provide school health professional services to a person unless the person meets the following eligibility criteria:

. . . . .

10. (1) Section 6 of the Regulation is amended by adding “or local health integration network” after “community care access centre”.

(2) Section 6 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

6. A local health integration network that provides school health professional services to a person who is receiving satisfactory instruction at home in accordance with clause 21 (2) (a) of the Education Act shall not provide more than six hours of school health professional services a day to that person, five days a week.

11. (1) Subsection 7 (2) of the Regulation is amended by adding “or local health integration network” after “community care access centre” in the portion before paragraph 1.

(2) Subsection 7 (2) of the Regulation, as amended by subsection (1), is amended by striking out the portion before paragraph 1 and substituting the following:

(2) A local health integration network shall not provide school health personal support services to a person unless the person meets the following eligibility criteria:

. . . . .

(3) Subsection 7 (3) of the Regulation is amended by adding “or local health integration network” after “community care access centre”.

(4) Subsection 7 (3) of the Regulation, as amended by subsection (3), is revoked and the following substituted:

(3) A local health integration network that provides school health personal support services under this section to a person who is receiving satisfactory instruction at home in accordance with clause 21 (2) (a) of the Education Act shall not provide more than six hours of those services a day to that person, five days a week.

12. (1) Section 8 of the Regulation is amended by adding “or local health integration network” after “community care access centre” wherever it appears.

(2) Section 8 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

8. (1) When a local health integration network provides nursing services to a person who is a resident of a long-term care home, the local health integration network is exempt from section 22 of the Act in respect of that person. 

(2) When a local health integration network manages the placement of a person into a chronic care or rehabilitation bed in a hospital, the local health integration network is exempt from clause 22 (1) (c) and subsections 22 (2), (3), (4) and (6) of the Act in respect of that person. 

(3) When a local health integration network manages the admission of a person into an adult day program, the approved agency providing the adult day program is exempt from subsection 22 (1) of the Act in respect of that person.

(4) When a local health integration network manages the admission of a person into a supportive housing program, the approved agency providing the supportive housing program is exempt from subsection 22 (1) of the Act in respect of that person.

(5) An approved agency is exempt from the provisions of this Regulation with respect to providing personal support services under any of the following policies of the Ministry:

1. The Long-Term Care Supportive Housing Policy.

2. The policy set out in the document entitled “Attendant Outreach Services — Policy Guidelines and Operational Standards”.

3. The policy set out in the document entitled “Self-Managed Attendant Services in Ontario — Direct Funding Pilot Project — Policy Guidelines”.

(6) An approved agency that is not a local health integration network and that provides or arranges for the provision of homemaking services, personal support services or professional services to persons with acquired brain injuries is exempt from the provisions of this Regulation with respect to those services.

(7) When a local health integration network determines that a person who requires personal support services should receive these services from an approved agency that is not a local health integration network, the local health integration network may refer the person to such an approved agency, and the local health integration network is exempt from section 22 of the Act in respect of that person.

(8) When an approved agency that is not a local health integration network determines that a person who requires personal support services should receive these services from a local health integration network, the approved agency may refer the person to a local health integration network, and the approved agency is exempt from section 22 of the Act in respect of that person.

13. The Regulation is amended by adding the following section:

Direct Funding under existing Arrangements

9. (1) This section applies where, under subsection 28.5 (1) of the Act, the Minister has approved a local health integration network to provide funding to or on behalf of a person to purchase a community service and, immediately before the time of the approval, a community care access corporation was providing funding for the purchase of the service.

(2) Community support services, homemaking services, personal support services and professional services are prescribed community services for the purposes of this section.

(3) The requirements under the following provisions of the Act do not apply with respect to funding to which this section applies:

1. Paragraphs 3, 4, 5 and 6 of subsection 28.5 (4).

2. Subsections 22 (1), (2), (3),  (5) and (7).

Commencement

14. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2), 2 (1), 3 (1), 4 (1), 5 (1), 6 (1), 7 (1) and (3), 8 (1), (3) and (5), 9 (1), 10 (1), 11 (1) and (3) and 12 (1) and section 13 come into force on the later of May 1, 2017 and the day this Regulation is filed.

(3) Subsections 1 (1), 2 (2), 3 (2), 4 (2), 5 (2), 6 (2), 7 (2) and (4), 8 (2), (4) and (6), 9 (2), 10 (2), 11 (2) and (4) and 12 (2) come into force on the later of the day section 34 of the Patients First Act, 2016 comes into force and the day this Regulation is filed.

 

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