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ontario regulation 188/22

made under the

Ministry of Health and Long-Term Care Act

Made: March 10, 2022
Filed: March 11, 2022
Published on e-Laws: March 14, 2022
Printed in The Ontario Gazette: March 26, 2022

Subrogation

Modifications

1. For the purposes of subsection 11.2 (3) of the Act, the following modifications and clarifications are made to the application of sections 30 to 35 and section 36.0.1 of the Health Insurance Act and section 39 of Regulation 552 of the Revised Regulations of Ontario, 1990 (General) made under that Act:

1.  A reference to an “insured person” shall be read as a reference to an injured person.

2.  A reference to the “General Manager” or to “the Plan” shall be read as a reference to the Minister.

3.  The Minister may bring a court proceeding in the Minister’s own name or in the name of the injured person for the recovery of the costs referred to in subsection 11.2 (1) of the Act.

4.  A reference to “insured services” shall be read as a reference to the services set out in subsection 11.2 (1) of the Ministry of Health and Long-Term Care Act.

5.  The reference in subsections 30 (3) and 36.0.1 (5) of the Health Insurance Act to “the rate charged by the hospital or health facility to a person who is not an insured person” or “the rate charged by the hospital or health facility to persons who are not insured” shall be read as a reference,

i.  to the cost incurred by the health service provider or Ontario Health Team for the home and community care service provided to the injured person in accordance with the Connecting Care Act, 2019, in the case of services set out in paragraph 1 of subsection 11.2 (1) of the Ministry of Health and Long-Term Care Act, and

ii.  to the funding amount for the long-term care home’s daily per diem rate determined by the Ministry of Long-Term Care, in the case of services set out in paragraph 2 of subsection 11.2 (1) of the Ministry of Health and Long-Term Care Act.

Commencement

2. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 2 to the Connecting People to Home and Community Care Act, 2020 comes into force and the day this Regulation is filed.

 

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