Act
Support for Seniors and Caregivers Act, 2024: Proposed amendments to the Fixing Long-Term Care Act, 2021 (FLTCA)
Regulation Number(s):
246/22
Instrument Type:
Act
Bill or Act:
Support for Seniors and Caregivers Act, 2024
Summary of Proposal:
As part of a broader plan to meet the needs of Ontario's aging population, the Ontario government is taking action to better support seniors and those who care for them, by improving and expanding supports for seniors living in long-term (LTC) care, retirement homes, and in the community.
The Ontario government is introducing the Support for Seniors and Caregivers Act, 2024, which, if passed, would amend the FLTCA to enhance dementia care and supports for residents, support residents and their families and caregivers, and protect residents and enhance their social connections.
Key features of the proposed amendments to the FLTCA would, if passed, enhance the health, well-being, and safety of Ontario's diverse older population by:
•Requiring all LTC homes to have an organized program of dementia care and services, similar to other required organized programs. This would improve consistent access to dementia care across LTC homes and enable MLTC to inspect LTC homes against requirements for a dementia program. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
•Building on the existing requirement under the FLTCA for LTC homes to have a religious and spiritual program, require all LTC homes to have an organized program for recognizing and respecting, at a minimum, the cultural, linguistic, religious, and spiritual needs of residents. These changes would result in improved recognition and respect for the experiences, histories, beliefs, and needs of seniors living in LTC homes. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
•Establishing the authority for the Director to request information about long-term care placement and admissions from the placement co-ordinator under the FLTCA. This would support evidence-based local and system level planning and policy development by MLTC. If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Providing authority to the Lieutenant Governor in Council to make regulations governing information to be made available in English and/or French in LTC homes. This change would authorize making regulations to improve access to information in French for long-term care applicants, residents, and their families/caregivers. If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Introducing a new offence for specific individuals who abuse or neglect a long-term care home resident. This would enable the prosecution of specific individuals who directly commit abuse and/or neglect of residents to hold them accountable. If passed, the amendment(s) come into force upon the bill receiving Royal Assent.
•Enhancing MLTC's ability to conduct inspections of LTC homes and investigate and prosecute offences under the FLTCA through:
o A new inspection power to require a licensee to conduct examinations or tests and receive a third-party expert assessment on complex and technical matters.
o A new production order authority and search and seizure warrant for the purpose of investigating offences under the FLTCA.
o Harmonizing the maximum fine amounts applicable that a court can impose on the conviction of an officer or director for both for-profit and non-profit LTC homes.
o The creation of a new general offence that would make it an offence for an LTC home licensee that fails to comply with any provision of the FLTCA or its regulations.
o Establishing a 4-year limitation period to prosecute an offence under the FLTCA.
If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Re-naming the "Medical Director" role in LTC homes to "Clinical Director" and enable Nurse Practitioners to fulfill the role (along with physicians currently). This change would increase flexibility for LTC homes to alleviate staffing pressures and ensure the provision of continuous, high-quality care for residents. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
The Ontario government is introducing the Support for Seniors and Caregivers Act, 2024, which, if passed, would amend the FLTCA to enhance dementia care and supports for residents, support residents and their families and caregivers, and protect residents and enhance their social connections.
Key features of the proposed amendments to the FLTCA would, if passed, enhance the health, well-being, and safety of Ontario's diverse older population by:
•Requiring all LTC homes to have an organized program of dementia care and services, similar to other required organized programs. This would improve consistent access to dementia care across LTC homes and enable MLTC to inspect LTC homes against requirements for a dementia program. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
•Building on the existing requirement under the FLTCA for LTC homes to have a religious and spiritual program, require all LTC homes to have an organized program for recognizing and respecting, at a minimum, the cultural, linguistic, religious, and spiritual needs of residents. These changes would result in improved recognition and respect for the experiences, histories, beliefs, and needs of seniors living in LTC homes. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
•Establishing the authority for the Director to request information about long-term care placement and admissions from the placement co-ordinator under the FLTCA. This would support evidence-based local and system level planning and policy development by MLTC. If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Providing authority to the Lieutenant Governor in Council to make regulations governing information to be made available in English and/or French in LTC homes. This change would authorize making regulations to improve access to information in French for long-term care applicants, residents, and their families/caregivers. If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Introducing a new offence for specific individuals who abuse or neglect a long-term care home resident. This would enable the prosecution of specific individuals who directly commit abuse and/or neglect of residents to hold them accountable. If passed, the amendment(s) come into force upon the bill receiving Royal Assent.
•Enhancing MLTC's ability to conduct inspections of LTC homes and investigate and prosecute offences under the FLTCA through:
o A new inspection power to require a licensee to conduct examinations or tests and receive a third-party expert assessment on complex and technical matters.
o A new production order authority and search and seizure warrant for the purpose of investigating offences under the FLTCA.
o Harmonizing the maximum fine amounts applicable that a court can impose on the conviction of an officer or director for both for-profit and non-profit LTC homes.
o The creation of a new general offence that would make it an offence for an LTC home licensee that fails to comply with any provision of the FLTCA or its regulations.
o Establishing a 4-year limitation period to prosecute an offence under the FLTCA.
If passed, the amendment(s) would come into force upon the bill receiving Royal Assent.
•Re-naming the "Medical Director" role in LTC homes to "Clinical Director" and enable Nurse Practitioners to fulfill the role (along with physicians currently). This change would increase flexibility for LTC homes to alleviate staffing pressures and ensure the provision of continuous, high-quality care for residents. If passed, the amendment(s) would come into force on a day to be named by proclamation of the Lieutenant Governor.
Analysis of Regulatory Impact:
The overall regulatory impact of proposed amendments to the FLTCA is anticipated to be minor or neutral in nature and primarily comprised of administrative costs associated with long-term care staff learning about and implementing new or enhanced requirements.
If approved, the proposal would benefit long-term care residents, staff and licensees by:
•Improving the delivery of dementia services and recognition of the experiences, histories, beliefs and needs of long-term care residents.
•Bolstering resident safety through enhanced investigation and inspection authorities.
•Supporting the ongoing delivery of care to long-term care residents by enabling innovative and flexible staffing solutions that prioritize resident safety.
Proposed actions represent a combination of:
•Minimum requirements: In some instances, proposals may introduce minimum program requirements (e.g. requirement for homes to have a dementia program).
•Targeted actions employed on a needs-only basis: Proposals to enhance MLTC's investigations and inspections authorities would be used on a case-by-case basis and align with the ministry's existing approach when conducting investigations, inspections and taking appropriate actions to ensure resident safety.
•Enabling proposals: The proposal to enable Nurse Practitioners to serve as Medical Directors (renamed to Clinical Director) is enabling in nature and may alleviate burden on licensees by providing more flexibility to meet existing legislative and regulatory requirements while prioritizing resident safety.
Any regulatory impact of this proposal would vary based on LTC home size and existing policies and procedures.
Proposed amendments are responsive to recommendations from a broad range of stakeholders including the voices of residents and families, as well as the perspectives of professional and sector associations and long-term care licensees among others.
The ministry will continue to engage key partners to further explore the regulatory impacts associated with the proposal.
If approved, the proposal would benefit long-term care residents, staff and licensees by:
•Improving the delivery of dementia services and recognition of the experiences, histories, beliefs and needs of long-term care residents.
•Bolstering resident safety through enhanced investigation and inspection authorities.
•Supporting the ongoing delivery of care to long-term care residents by enabling innovative and flexible staffing solutions that prioritize resident safety.
Proposed actions represent a combination of:
•Minimum requirements: In some instances, proposals may introduce minimum program requirements (e.g. requirement for homes to have a dementia program).
•Targeted actions employed on a needs-only basis: Proposals to enhance MLTC's investigations and inspections authorities would be used on a case-by-case basis and align with the ministry's existing approach when conducting investigations, inspections and taking appropriate actions to ensure resident safety.
•Enabling proposals: The proposal to enable Nurse Practitioners to serve as Medical Directors (renamed to Clinical Director) is enabling in nature and may alleviate burden on licensees by providing more flexibility to meet existing legislative and regulatory requirements while prioritizing resident safety.
Any regulatory impact of this proposal would vary based on LTC home size and existing policies and procedures.
Proposed amendments are responsive to recommendations from a broad range of stakeholders including the voices of residents and families, as well as the perspectives of professional and sector associations and long-term care licensees among others.
The ministry will continue to engage key partners to further explore the regulatory impacts associated with the proposal.
Further Information:
Support for Seniors and Caregivers Act, 2024
Proposal Number:
24-HLTC040
Posting Date:
December 4, 2024
Comments Due Date:
January 6, 2025
Contact Address:
400 University Avenue, 6th Floor, Toronto, ON M5G 1S5