Long-term Care Homes Lawyer

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.

Services 

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:

• general advice about the regulations of operating a long-term care home;
• advocacy while applying for a long-term care come licence;
• appealing Director’s decisions at the Health Services Appeal and Review Board involving the refusal or revocation of a licence;
• appeals of decisions of the Health Services Appeal and Review Board to Divisional Court, and;
• defending or prosecuting charges under the Long-Term Care Homes Act, 2007

Licensing

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:

• the home and it’s operation would comply with the Long-Term Care Homes Act and other applicable laws;
• the past conduct of the following relating to the operation of a long-term care home or other matters of the following affords reasonable grounds to believe the home will be operated in accordance with the law and honesty and integrity;
• the applicant;
• the officers, directors, and controlling interests of a corporate applicant, and their officers and directors, if also a corporation; 
• it has a been demonstrated that the person, or officers, directors, and controlling interests of a corporation (if applicable), is competent to operate a care home in a responsible manner in accordance with the law and is in a position to provide services, and; 
• the past conduct of the following relating to the operation of a long-term care home or other matters of the following affords reasonable grounds to believe the home will not be operated in manner prejudicial to the health, safety, or welfare of it’s residents:
• the applicant;
• the officers, directors, and controlling interests of a corporate applicant, and their officers and directors, if a corporation.

Revoking a Licence

The Director may revoke the licence of a long-term care home on the following grounds:

• the licensee has not compiled with the Long-Term Care Homes Act;
• any person has made a false statement in application for a licence or report, document or other information required to be provided by the Long-Term Care Homes Act;
• the conduct of the licensee, a controlling interest, or officer or directors, affords reasonable grounds to believe:
• the home is not being or will not be operated with honesty and integrity and in accordance with the law;
• the licensee, officers, directors, or persons are not competent to operate a home in a responsible manner in accordance with the law or not in a poison to provide required services;
• the home is or will be operated in a manner prejudicial to the health, safety, or welfare of its residents;
• a person has acquired control over, or interfered with, the operation of a home by exercising a security interest contrary to the Long-Term Care Homes Act, or;
• a person has gained a controlling interest in the licensee without the approval of the Director pursuant to the Long-Term Care Homes Act. 

Appeals

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.

Hearing

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.