TRUSTED ADVISOR AND ADVOCATE
TRUSTED ADVISOR AND ADVOCATE
Individuals and business seeking to operate a long-term care home must be licensed by the Ministry of Health and Long-Term Care under the Long-Term Care Homes Act, 2007. The Minister of the Ministry of Health and Long-Term Care (“the Minister”) exercises authority in conjunction with his or her Director appointee to determine whether a care home receives or retains a licence. Operating a residential premises for two or more unrelated persons requiring or receiving nursing care without a licence is an offence with penalties up to a $100,000 fine and 12 months imprisonment.
Burokas Law represents business in the long-term care home industry to ensure that their rights and interests are best protected. The following services are offered:
Applying for a Licence
Before considering the individual criteria for a license, it’s important to recognize that the Minister has broad discretion to determine whether or not there should be a long-term care home in an area. His or her discretion must consider what is in the public’s interest, having taken into account current bed capacity and services in the relevant geographic area, future demand, and available funding. The Minister may also restrict the number of licences issued by considering the concentration of ownership, control, and management in a particular area; and the balance of non-profit and for-profit care homes.
If the Minister is satisfied the forgoing criteria point towards a long-term care home, the applicant then must satisfy the Director of the following in order to be eligible for a licence:
Revoking a Licence
The Director may revoke the licence of a long-term care home on the following grounds:
If the Director decides the applicant is not eligible for a licence or plans to revoke a license, he or she will provide written reasons why. An applicant then has the right to appeal that decision to the Health Services Appeal and Review Board (“Appeal Board”) within 28 days from receiving the decision. Appealing a decision does not stop the order from coming into effect unless ordered by the Appeal Board because there is no harm or risk of harm to a resident of a home.
The Appeal Board will hold a hearing where the Director and the applicant/licensee will both have the opportunity to call oral and documentary evidence, and challenge the opposing party’s evidence. They will also have the opportunity to make submissions on whether the relevant license should be granted or revoked (as the case may be). After a hearing, the Appeal Board may rescind, confirm, or alter the order of the Directer and substitute its own decision. It may also direct the Director to take any action the Appeal Board considers appropriate.
If you have questions about applying for a licence, require compliance advice, or are subject to administrative action from the Ministry, please don't hesitate to contact Burokas Law.