Homemakers and Nurses Services Act - RRO 1990

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Homemakers and Nurses Services Act
Loi sur les services d’aides familiales et d’infirmières visiteuses
R.R.O. 1990, REGULATION 634
GENERAL
Historical version for the period March 31, 1995 to August 26, 2007.
Last amendment: O. Reg. 174/95.
This Regulation is made in English only.
HOMEMAKING AND NURSING SERVICES
1. In this Regulation,
“approved band” means a band approved by the Minister and listed in the Schedule to Regulation 538 of the Revised
Regulations of Ontario, 1990;
“homemaking services” means housekeeping services including,
(a) the care of a child or children,
(b) meal planning, marketing and the preparation of nourishing meals, and the preparation of special diets where required,
(c) light, heavy and seasonal cleaning,
(d) light laundry, ironing and essential mending of clothing,
(e) personal care, including assistance in walking, climbing or descending stairs, getting into or out of bed, eating,
dressing, bathing and other matters of personal hygiene,
(f) simple bedside care, where required, under the direction of a physician or nurse, but not including nursing services,
and
(g) training and instruction in household management and the care of children,
provided in accordance with section 6 of the Act by a homemaker qualified under this Regulation;
“nurse” means a person who is the holder of a certificate issued under Part IV of the Health Disciplines Act;
“nursing services” means the services that are customarily provided by a nurse on a visitation basis;
“welfare administrator” means a municipal welfare administrator, a regional welfare administrator or a welfare administrator
of an approved band, as the case may be. R.R.O. 1990, Reg. 634, s. 1.
QUALIFICATIONS OF HOMEMAKERS AND NURSES
2. A homemaker shall be,
(a) a person who is qualified by training or experience to perform homemaking services;
(b) medically examined annually and certified by a physician as being in good health and physically fit for the duties of a
homemaker;
(c) sympathetic to the welfare of children and families and to those who are elderly, handicapped, ill or convalescent;
(d) a person with experience and knowledge sufficient to meet the needs of the persons and families for whom the person
acts as a homemaker and with the ability to cope with their problems; and
(e) a person with ability to transmit his or her homemaking skills by simple, practical methods of instruction and
demonstration. R.R.O. 1990, Reg. 634, s. 2.
3. (1) Subject to this section, the Minister may direct payment of a grant to a municipality, the council of an approved
band or to any other person or organization towards the cost of a course of instruction for homemakers established in
accordance with subsection (2) by the municipality, council of the band, person or organization, as the case may be.
(2) A course of instruction for homemakers for which a grant may be payable under subsection (1) shall include
instruction in,
(a) child care, including the specialized care of infants and young children;
(b) hygiene, personal services and simple bedside care for elderly, handicapped, ill or convalescent persons;
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(c) home economics, including nutrition, marketing, purchasing and budgeting;
(d) meal planning and preparation, including the preparation of special diets;
(e) laundering, ironing and the care and mending of clothing;
(f) general household duties and management; and
(g) other skills incidental to those skills referred to in clauses (a) to (f).
(3) An application for a grant under subsection (1) shall be made to the Director and shall be accompanied by a written
statement showing,
(a) an outline of the purpose and content;
(b) the duration; and
(c) the estimated cost,
of the proposed course of instruction.
(4) Except where the Minister otherwise directs, every recipient of a grant under subsection (1) shall, after receiving the
grant, forward to the Minister in the year immediately following the year that the grant was received or at such earlier date as
the Minister may specify, a statement certified by a public accountant licensed under the Public Accountancy Act, showing
the amounts paid and how the proceeds of the grant were disbursed by the recipient thereof.
(5) In addition to the statement that may be required under subsection (4), a recipient of a grant under subsection (1) shall
forward to the Minister such other financial and statistical information as the Minister from time to time may require. R.R.O.
1990, Reg. 634, s. 3.
REIMBURSEMENT BY ONTARIO
4. (1) In this section,
“liquid assets” means cash, bonds, debentures, stocks, the beneficial interest in assets held in trust and available to be used for
maintenance and any other assets that can be readily converted into cash;
“person in need” means,
(a) a beneficiary of an allowance under the Family Benefits Act,
(b) a person eligible for general assistance under the General Welfare Assistance Act, or
(c) subject to subsections (2) and (3), a person who by reason of financial hardship, inability to obtain regular
employment, lack of the principal family provider, illness, disability or old age, has available monthly income as
determined by the welfare administrator in accordance with Form 4, that is less than the monthly cost of providing
under the Act the service of a homemaker or nurse to the person or any of the person’s dependants.
(2) In determining that a person is a person in need for the purposes of this section, there may be excluded in determining
available income an exemption on net earnings not exceeding an amount equal to 25 per cent of the monthly net earnings of
the person and the monthly net earnings of his or her dependants.
(3) In determining that a person is a person in need for the purpose of this section, the welfare administrator shall take into
account the liquid assets that are available.
(4) For the purpose of section 10 of the Act, the financial circumstances of a person in need do not permit him or her to
pay in full the fees prescribed for the services of a homemaker or nurse.
(5) The monthly amount of the reimbursements payable under section 10 of the Act by Ontario to a municipality or to a
council of an approved band that,
(a) employs a homemaker or nurse; or
(b) enters into an agreement with a person or organization,
under section 5 of the Act, for the furnishing of homemaking services or nursing services to a person in need, shall be 80 per
cent of the amount by which the net monthly cost thereof incurred by the municipality or council of the band, as the case may
be, as approved by the Director and determined in accordance with the form referred to in clause 6 (1) (a), exceeds the
available monthly income of the person in need determined in accordance with Form 4.
(6) The Province of Ontario shall pay such amounts as may from time to time be approved by the Director to provide
services of a homemaker or nursing services to a person in need who resides in territory without municipal organization.
R.R.O. 1990, Reg. 634, s. 4.
FORMS
5. (1) An application for the services of a homemaker or nurse under section 5 of the Act shall be in Form 1.
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(2) Each application in Form 1 shall be accompanied by a consent to inspect assets in Form 2, and where the application in
Form 1 is made in respect of the services of a nurse, it shall also be accompanied by the certificate of a physician in Form 3.
R.R.O. 1990, Reg. 634, s. 5.
ACCOUNTS OF MUNICIPALITIES
6. (1) Where in any month a municipality or council of an approved band pays fees for the services of homemakers or
nurses for persons whose financial circumstances as determined by this Regulation do not permit them to pay in full the fees
for such services, the welfare administrator shall,
(a) complete an application for reimbursement by Ontario for that month in a form provided by the Minister and submit it
to the Director not later than the 20th day of the month following the month for which the application is made; and
(b) complete a statement of the amount paid by the municipality or the council of the band for each recipient and the
amount paid by the recipient during the month and retain the statement in his or her files.
(2) The Director may,
(a) require the welfare administrator or an employee of the municipality or council of the band that the administrator
represents to furnish him or her with such information concerning the contents of the form submitted in accordance
with clause (1) (a) as the Director considers necessary; and
(b) direct an inspection and audit of the books, accounts and vouchers of the municipality or council of the band that relate
to the contents of the form submitted in accordance with clause (1) (a). R.R.O. 1990, Reg. 634, s. 6.
7. An applicant for or recipient of services under the Act shall for the purpose of the Act and this Regulation be deemed to
reside or to have resided in the municipality, on the reserve or in territory without municipal organization, as the case may be,
where he or she is or was ordinarily resident at the date of his or her application for the services so long as he or she remains
in the municipality or in the territory. R.R.O. 1990, Reg. 634, s. 7.
INTEGRATED HOMEMAKER PROGRAM
8. (1) In this section,
“designated service coordinator” means a person or organization approved by the Minister to coordinate the provision of
homemaking services under subsection 8 (1) of the Act and the provision of portable meals under this section.
(2) A person described in subsection (3) is eligible to receive services under subsection 8 (1) of the Act if,
(a) the person requires homemaking services in order to remain at home or in order to be discharged from or avoid
admission into an acute or long term care institution;
(b) the person’s home is suitable for the provision of homemaking services; and
(c) homemaking services are available in the area where the person resides to meet the person’s needs.
(3) Subsection (2) applies to,
(a) persons who are eighteen years of age or over, who have a physical disability or deteriorating mental condition that a
physician confirms is not expected to improve and who, as a result of that disability or condition, are unable to carry
out activities of normal living that are necessary to maintain independence, health and well being; and
(b) persons who are sixty-five years of age or over, who have a sustained or periodic impairment and who, as a result of
the impairment, are unable to carry out activities of normal living that are necessary to maintain independence, health
and well being.
(4) The provision of portable meals by a community agency is prescribed as a service that may be provided to persons
who are eligible to receive homemaking services under this section.
(5) A designated service coordinator may coordinate the provision of portable meals under subsection (4) if providing
portable meals costs less than providing homemaking services related to the preparation of nourishing meals.
(6) The Minister may reimburse a designated service coordinator for expenditures incurred in the provision of services
under this section.
(7) It is a condition for reimbursement under subsection (6) that the designated service coordinator allow the Minister to
inspect the designated service coordinator’s records and accounts relating to the provision of services under this section.
(8) A recipient or a prospective recipient of services under this section shall provide a designated service coordinator with
such financial or other information as may assist the designated service coordinator or the Province of Ontario in
administering and financing the provision of services under this section. R.R.O. 1990, Reg. 634, s. 8.
HOME CARE PROGRAM
9. (1) In this section,
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“designated service coordinator” means a person or organization approved by the Minister to coordinate the provision of
homemaking services under subsection 8 (2) of the Act and the provision of portable meals under this section. R.R.O.
1990, Reg. 634, s. 9 (1).
(2) A person is eligible to receive services under subsection 8 (2) of the Act if,
(a) REVOKED: O. Reg. 174/95, s. 1 (1).
(b) the person requires homemaking services in order to remain in his or her home or to return to his or her home from a
hospital or other institution;
(c) the person’s health care needs cannot be met on an out-patient basis at a hospital;
(d) REVOKED: O. Reg. 174/95, s. 1 (1).
(e) the person’s home is suitable for the provision of homemaking services; and
(f) homemaking services are available in the area where the person resides to meet the person’s needs. R.R.O. 1990, Reg.
634, s. 9 (2); O. Reg. 174/95, s. 1.
(3) The provision of portable meals by a community agency is prescribed as a service that may be provided to persons
who are eligible to receive homemaking services under this section.
(4) A designated service coordinator may coordinate the provision of portable meals under subsection (3) if providing
portable meals costs less than providing homemaking services related to the preparation of nourishing meals.
(5) The Minister of Health may reimburse a designated service coordinator for expenditures incurred in the provision of
services under this section.
(6) It is a condition for reimbursement under subsection (5) that the designated service coordinator allow the Minister of
Health to inspect the designated service coordinator’s records and accounts relating to the provision of services under this
section.
(7) A recipient or a prospective recipient of services under this section shall provide a designated service coordinator with
such financial or other information as may assist the designated service coordinator or the Province of Ontario in
administering and financing the provision of services under this section. R.R.O. 1990, Reg. 634, s. 9 (3-7).
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FORM 1
APPLICATION FOR THE SERVICES OF
Homemakers and Nurses Services Act
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R.R.O. 1990, Reg. 634, Form 1.
FORM 2
CONSENT TO INSPECT ASSETS
Homemakers and Nurses Services Act
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R.R.O. 1990, Reg. 634, Form 2.
FORM 3
MEDICAL CERTIFICATE
Homemakers and Nurses Services Act
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R.R.O. 1990, Reg. 634, Form 3.
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FORM 4
DETERMINATION OF AVAILABLE MONTHLY INCOME
Homemakers and Nurses Services Act
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R.R.O. 1990, Reg. 634, Form 4.
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