Proposed Regulatory Amendment to Ontario Regulation 386/99 under the Home Care and Community Services Act, 1994 relating to service maximums for homemaking and personal support services and nursing services.
Regulation Number(s):
386/99
129/18
Instrument Type:
Regulation - LGIC
Bill or Act:
Home Care and Community Services Act, 1994
Summary of Decision:
Effective April 1, 2018, Ontario Regulation 386/99 under the Home Care and Community Services Act, 1994 was amended by Ontario Regulation ‎129/18 as follows:
• Increasing the combined service maximum for homemaking and personal
support services to 120 hours in any 30-day period;
• Adding an additional discretionary category to permit LHINs to exceed the
combined service maximum for homemaking
and personal support services when the LHIN determines that there are
extraordinary circumstances that justify the provision of additional
homemaking and personal support services for clients with complex care
needs;
• Adding an additional discretionary category to permit LHINs to exceed the
service maximum for nursing services when the LHIN determines that there
are extraordinary circumstances that justify the provision of additional
nursing services for clients with complex care needs; and
• Defining "person with complex care needs" as a person who as a result of
their condition or circumstances requires (a) health services on an intensive
and frequent basis, or (b) health and social services, on an intensive and
frequent basis.
Analysis of Regulatory Impact:
The Ministry of Health and Long-Term Care conducted an impact assessment and has determined that there are no new administrative costs for business
Further Information:
Proposal Number:
17-HLTC048
Posting Date:
December 15, 2017
Summary of Proposal:
Strengthening home and community care is a key government commitment. Patients First: A Roadmap to Strengthen Home and Community Care outlines a 10-point, three-year plan to improve care delivered in the home.
The ministry understands that the majority of Ontarians would prefer to age at home and in their communities. The ministry also understands that more individuals with complex care needs are being cared for at home, both in the long-term and after hospital discharge.
In order to provide care at home and in the community to improve the experience of patients and caregivers and to better support complex clients to live in the community in independence and safety, the ministry will be implementing a Levels of Care Framework, which is one of the Roadmap commitments, to support Local Health Integration Networks (LHINs) in delivering home care that responds to client functional needs. In addition, the ministry is proposing to amend the current service maximums set out under Ontario Regulation 386/99 by:
• Increasing the current service maximums for homemaking and personal
support services;
• Permitting LHINs to exceed the service maximum for homemaking and
personal support services when the LHIN determines that there are
extraordinary circumstances that justify providing additional homemaking and
personal support services for clients with complex care needs;
• Permitting LHINs to exceed the service maximum for nursing services when
the LHIN determines that there are extraordinary circumstances that justify
providing additional nursing services for clients with complex care needs; and
• Defining complex care needs.
The current categories listed in the Regulation relating to the extraordinary
circumstances in which LHINs may exceed the service maximums for
homemaking and personal support services and nursing services would continue to apply.
The Ministry of Health and Long-Term Care is seeking public feedback on these proposed amendments to Regulation 386/99 under the HCCSA.
Contact Address:
Home and Community Care Branch, 1075 Bay Street, 10th Floor,
Toronto, ON M5S 2B1
Effective Date:
April 1, 2018
Decision:
Approved