Beginning July 1, 2014, amendments to O. Reg. 386/99, Provision of Community Services, under the Home Care and Community Services Act (HCCSA) will come into effect. The changes primarily affect the provision of personal support and homemaking services under sections 2.1, 3 and 8 of Reg. 386/99.
Key Changes
Definition of Community Care Access Centre
The definition of "community care access centre" will be amended.
Currently, a community care access centre is defined as an approved agency that provides homemaking, personal support and professional services but does not include an approved agency that provides such services to persons with acquired brain injuries.
The new definition will state that a community care access centre is an approved agency that is a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001.
The change in definition broadens the meaning of approved agency such that an approved agency is no longer necessarily a community care access centre.
Eligibility for Personal Support Services
Section 2.1 of Reg. 386/99, will be expanded to restrict an approved agency including a CCAC, from providing personal support services to an individual who is a resident of a long-term care home under the Long-Term Care Homes Act, 2007.
Maximum Amount of Homemaking and Personal Support Services
What constitutes the maximum amount of homemaking and personal support services will be re-stated under section 3 of Reg. 386/99.
Commencing July 1st, an approved agency shall not provide or arrange for more than 120 hours in the first 30 days, or 90 hours in any subsequent period of homemaking or personal support services or any combination of these services, unless extraordinary circumstances exist.
The maximum amount will also apply to the total hours of homemaking and personal support services or any combination of services, provided or arranged for by more than one approved agency.
The changes to the maximum amount will apply only to homemaking and personal support services provided to a person at his or her place of residence.
The current restriction of not including school health personal support services in determining the maximum amount of services will remain in place.
Exemptions
Exemptions will be added to section 8 of Reg. 386/99, which may affect the provision of homemaking and personal support services.
An approved agency, including a CCAC, will be exempt from the provisions of Reg. 386/99 when providing personal support services under the following Ministry policies:
- The Long-Term Care Supportive Housing Policy.
- The policy set out in "Attendant Outreach Services – Policy Guidelines and Operational Standards".
- The policy set out in "Self-Managed Attendant Services in Ontario – Direct Funding Pilot Project – Policy Guidelines".
An approved agency that is not a CCAC, which provides homemaking and personal support services to persons with acquired brain injuries, will be exempt from the provisions of Reg. 386/99.
When a CCAC determines that a person who requires personal support services should receive these services from an approved agency that is not a CCAC, the CCAC may refer the person to an approved agency and the CCAC will be exempted from the Plan of Service requirements under section 22 of the HCCSA.
When an approved agency that is not a CCAC determines that a person who requires personal support services should receive these services from a CCAC, the approved agency may refer the person to a CCAC and the approved agency will be exempt from the Plan of Service requirements under section 22 of HCCSA.
The changes can be found at O. Reg. 112/14.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
