Disability Law Primer (PDF) - ARCH Disability Law Centre

(coco) #1
A. Questions about Quantity of Services

Decisions about the number of hours of service or the types of services provided are
usually based upon the results of the assessments performed by CCACs or other
agencies. If there is a question about whether the services provided are adequate to
meet the needs of the individual, it may be necessary to seek a further assessment to
demonstrate that the individual’s need for service is greater than the initial assessment
indicated. If a second assessment is refused or the matter cannot be otherwise resolved
by dealing directly with the CCAC or service provider, it may be necessary to bring the
matter before the Health Services Appeal and Review Board (HSARB) (see below).


The Home Care and Community Services Act, 1994 and its regulations dictate that a
CCAC cannot provide more than the legislated monthly maximum hours of service.^31
Nevertheless, it is sometimes possible to negotiate with the Ministry of Health and Long
Term Care to obtain special permission to increase services in extraordinary
circumstances.


Even when services have not met the statutory maximums, the CCAC may assert that
their ability to provide more service is limited by the staff and resources available at the
time. While these issues must be considered, if a person can demonstrate a genuine
need for the service, there is no justification for maintaining the hours of service or the
types of services provided below required levels in order to meet budgetary
requirements.


Any denial, termination or reduction of attendant services can have an immediate and
serious negative impact upon a person’s quality of life, ability to function, health and
overall sense of well-being. When consumers seek assistance with these issues they
are often in a highly stressful situation. The highly personal and often intimate nature of


(^31) See O Reg 386/99 s. 3(1)

Free download pdf