Regulation - LGIC
Proposed New Regulations and Amendments to Regulations under the Connecting Care Act, 2019 and other Acts.
Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Convenient Care at Home, Act
Summary of Proposal:
When proclaimed into force, the Convenient Care at Home Act, 2023 would amend the Connecting Care Act, 2019 (CCA) to consolidate the fourteen Local Health Integration Networks (LHINs), known to the public as Home and Community Care Support Services (HCCSS) organizations, to form a new organization, Ontario Health atHome. Ontario Health atHome would provide services to the public that HCCSS organizations now provide (i.e., home and community care services, long-term care home and other placement management services, and information and referral services). Ontario Health atHome would also provide operational supports to Health Service Providers (HSPs) and Ontario Health Team (OHTs) as they are funded to provide home and community care services.
Regulations are proposed to define term lengths of up to three years for appointments to the board of directors, with no limit on the number of terms or total time a person could serve on the board.
When the Convenient Care at Home Act, 2023 is proclaimed into force, all HCCSS employees would become employees of Ontario Health atHome. A regulation is proposed to continue the appointment of the chief executive officer of the HCCSS organizations as chief executive officer of Ontario Health atHome upon its establishment.
OHTs are anticipated to have more than one constituent member providing home and community care services; for example, hospital members may focus on post-acute home care, and inter-professional primary care team members may focus on long-term home care for frail seniors. Regulations are proposed to ensure that when Ontario Health provides funding for home and community care services to an OHT, accountability under the CCA and its regulations for the provision of the home and community care services follows the funding to the individual OHT members which provide the services. The proposed regulations would clarify that when an OHT's Coordinating Corporation receives funding for home and community care services from Ontario Health and apportions it to other HSP members, it is those members, not the Coordinating Corporation or the other OHT members, that would be accountable for providing the funded services in accordance with requirements set out in legislation and regulations. The proposed regulations would ensure accountability follows funding to frontline OHT members.
Regulations are proposed to put Ontario Health atHome under key legislation the HCCSS organizations are now under, including the Personal Health Information Protection Act, 2004, the Freedom of Information and Protection of Privacy Act, the Public Service of Ontario Act, 2006, and the Archives and Recordkeeping Act, 2006.
Amendments to regulations are proposed to replace references to 'LHINs' with references to 'Ontario Health atHome,' as appropriate. For example, an amendment to regulations under the Retirement Homes Act is proposed to require retirement home operators to provide residents with contact information for Ontario Health atHome, instead of for the HCCSS organization for the geographic region in which the retirement home is located.
Amendments are proposed to extend the current exemption from ambulance co-payments for patients receiving professional services from an HCCSS organization to include patients receiving such services from HSPs (including Ontario Health atHome) and HSPs within OHTs.
Complementary amendments are proposed to remove all remaining references to 'LHINs' and the Local Health System Integration Act, 2006 in regulations that are no longer required.
The Convenient Care at Home Act, 2023 sets out that Ontario Health atHome would be deemed to be an HSP under all Acts and regulations except when prescribed otherwise. Regulations are proposed to exempt Ontario Health atHome from some provisions in legislation and regulations that apply to HSPs, for example, because Ontario Health atHome would be a Crown agency, unlike other HSPs.
Regulations are proposed to define term lengths of up to three years for appointments to the board of directors, with no limit on the number of terms or total time a person could serve on the board.
When the Convenient Care at Home Act, 2023 is proclaimed into force, all HCCSS employees would become employees of Ontario Health atHome. A regulation is proposed to continue the appointment of the chief executive officer of the HCCSS organizations as chief executive officer of Ontario Health atHome upon its establishment.
OHTs are anticipated to have more than one constituent member providing home and community care services; for example, hospital members may focus on post-acute home care, and inter-professional primary care team members may focus on long-term home care for frail seniors. Regulations are proposed to ensure that when Ontario Health provides funding for home and community care services to an OHT, accountability under the CCA and its regulations for the provision of the home and community care services follows the funding to the individual OHT members which provide the services. The proposed regulations would clarify that when an OHT's Coordinating Corporation receives funding for home and community care services from Ontario Health and apportions it to other HSP members, it is those members, not the Coordinating Corporation or the other OHT members, that would be accountable for providing the funded services in accordance with requirements set out in legislation and regulations. The proposed regulations would ensure accountability follows funding to frontline OHT members.
Regulations are proposed to put Ontario Health atHome under key legislation the HCCSS organizations are now under, including the Personal Health Information Protection Act, 2004, the Freedom of Information and Protection of Privacy Act, the Public Service of Ontario Act, 2006, and the Archives and Recordkeeping Act, 2006.
Amendments to regulations are proposed to replace references to 'LHINs' with references to 'Ontario Health atHome,' as appropriate. For example, an amendment to regulations under the Retirement Homes Act is proposed to require retirement home operators to provide residents with contact information for Ontario Health atHome, instead of for the HCCSS organization for the geographic region in which the retirement home is located.
Amendments are proposed to extend the current exemption from ambulance co-payments for patients receiving professional services from an HCCSS organization to include patients receiving such services from HSPs (including Ontario Health atHome) and HSPs within OHTs.
Complementary amendments are proposed to remove all remaining references to 'LHINs' and the Local Health System Integration Act, 2006 in regulations that are no longer required.
The Convenient Care at Home Act, 2023 sets out that Ontario Health atHome would be deemed to be an HSP under all Acts and regulations except when prescribed otherwise. Regulations are proposed to exempt Ontario Health atHome from some provisions in legislation and regulations that apply to HSPs, for example, because Ontario Health atHome would be a Crown agency, unlike other HSPs.
Analysis of Regulatory Impact:
Proposed regulations would impact HSPs by facilitating their accountability for home and community care service when they receive funding through their OHT.
Currently, persons receiving professional services from an HCCSS organization are exempt from ambulance co-payments, which are collected by hospitals. One of the proposed regulations would newly exempt persons receiving those same home care services from any health service provider or Ontario Health Team. Hospitals that collect ambulance co-payments from persons who would become exempted would lose that revenue but this impact is expected to be minimal.
Retirement home operators would be required to update the information they provide residents to include contact information for Ontario Health atHome, instead of for the HCCSS for the geographic region in which the retirement home is located - this impact is expected to be minimal.
The Ministry of Health is seeking feedback from impacted stakeholders on expected costs prior to the introduction of this regulation.
Currently, persons receiving professional services from an HCCSS organization are exempt from ambulance co-payments, which are collected by hospitals. One of the proposed regulations would newly exempt persons receiving those same home care services from any health service provider or Ontario Health Team. Hospitals that collect ambulance co-payments from persons who would become exempted would lose that revenue but this impact is expected to be minimal.
Retirement home operators would be required to update the information they provide residents to include contact information for Ontario Health atHome, instead of for the HCCSS for the geographic region in which the retirement home is located - this impact is expected to be minimal.
The Ministry of Health is seeking feedback from impacted stakeholders on expected costs prior to the introduction of this regulation.
Further Information:
Proposal Number:
24-HLTC011
Posting Date:
March 28, 2024
Comments Due Date:
May 12, 2024
Contact Address:
Home and Community Care Branch
Strategic Partnerships Division
Ministry of Health
56 Wellesley Street West, 9th Floor
Toronto ON M7A 1C1 hccb.modernization@ontario.ca
Strategic Partnerships Division
Ministry of Health
56 Wellesley Street West, 9th Floor
Toronto ON M7A 1C1 hccb.modernization@ontario.ca