Regulation - LGIC

Proposed Amendments to Ontario Regulation 246/22 (Regulation) under the Fixing Long-Term Care Act, 2021 (FLTCA) to enable a Long-Term Care (LTC) Homes Cultural Pilot Project.

Regulation Number(s):
Ontario Regulation 246/22
Instrument Type:
Regulation - LGIC
Bill or Act:
Fixing Long-Term Care Act, 2021
Summary of Proposal:
The Ministry of Long-Term Care (Ministry) is proposing to implement a Long-Term Care Homes Cultural Pilot Project (the Pilot) to evaluate how changes to long-term care (LTC) waitlist prioritization requirements can improve Ontarians' access to cultural, ethnic, religious and linguistically appropriate care.

Some stakeholders have raised concerns that there is an increasing lack of access to beds in LTC homes that serve the interests of an applicant or resident's particular culture. Further, that there is a recent reduction in residents who 'match' the culture served by the LTC home and that these concerns have impacted the ability of LTC homes to support the respective ethnic, religious and linguistic services they provide to their residents.

When a placement co-ordinator places an applicant on the category 1 (crisis) waiting list for admission to an LTC home, the FLTCA and Regulation require that applicants be ranked according to the urgency of their need for admission. The Ministry is proposing to pilot a new time-limited LTC placement model that would enable placement co-ordinators to prioritize LTC applicants within the crisis waiting list who are of a particular religious, ethnic, or linguistic origin to LTC homes selected to participate in the Pilot and who have been identified as being primarily engaged in serving the interests of persons of a particular ethnic, religious and/or linguistic origin.

The intent of the proposed Pilot is to evaluate how changes to LTC waitlist prioritization requirements can improve Ontarians' access to cultural, ethnic, religious and linguistically appropriate care within the broader placement framework and continued prioritization of applicants based on need.

To enable the pilot project, the Ministry is proposing to amend Part IV - Admission of Residents of Ontario Regulation 246/22 to specify that the Director may designate a long-term care home or a unit or area within the home as being subject to modified waiting list rules subject to any terms and conditions as the Director may specify in the designation. The modified waiting list rules, to apply only to designated homes, will change the rules for ranking within categories set out in section 200 of the Regulation.

Modified Waiting List Designation:

Applicants shall be ranked according to the urgency of their need for admission.

If there are two or more applicants who are ranked in the same position within category 1 (crisis) according to the urgency of their need for admission, as between themselves, any applicant who is, or whose spouse or partner is, of the religion, ethnic origin or linguistic origin primarily served by the designated long-term care home or unit or area within the home shall rank ahead of the other applicants.

Please see enclosed attachment for the full text.
Analysis of Regulatory Impact:
In alignment with the government's burden reduction and regulatory modernization commitments, the Ministry is undertaking a preliminary assessment of anticipated impacts of the Pilot (i.e. direct compliance costs, benefits, etc.) and continues to engage with stakeholders. However, based on a preliminary analysis, it is anticipated that any direct compliance costs associated with the Pilot would be of neutral impact and minor in nature, and the overall benefits of the Pilot would outweigh the costs (if any).
Further Information:
Proposal Number:
24-HLTC033
Posting Date:
November 6, 2024
Comments Due Date:
November 26, 2024
Contact Address:
8th Flr, 438 University Ave Toronto, Ontario M7A 1N3