APPENDIX 2: HEALTH SERVICES APPEAL AND REVIEW BOARD
About HSARB
The Health Services Appeal and Review Board (HSARB) is an independent quasi-
judicial tribunal created by the Ministry of Health Appeal and Review Board Act, 1998
S.O. 1998, Chapter 18, Schedule H. The Board has jurisdiction over 14 different
statutes, including the Home Care and Community Services Act, 1994, c. 26 (formerly
Long-Term Care Act, 1994), the Nursing Homes Act and the Charitable Institutions Act.
All internal or other complaint processes must be exhausted before bringing a complaint
to HSARB.
Filing an appeal with HSARB will not ‘stay’ or suspend the decision under appeal. This
means that, in most cases, the reduction or termination of service under review will take
effect while the decision is being appealed to HSARB. It is possible however to make a
special request that the Board order a “stay” in certain cases. It is not necessary to have
a representative (lawyer) to appear before HSARB, although having representation can
make the process easier and might increase the chance of success. While it may be
possible in some cases to obtain a legal aid certificate to allow a person to hire a lawyer
to pursue an appeal, there is no guarantee that a certificate will be provided.
What Issues Can be Brought to HSARB
HSARB receives and hears complaints, conducts hearings and reviews, makes
decisions, issues orders and recommendations. Under sections 39 and 40 of the Home
Care and Community Services Act, 1994, HSARB hears appeals concerning eligibility
for community services, exclusions from a community services, the amount of service
and the termination of a service by Attendant Care Outreach Services or Support
Service Living Units.
In order to appeal to HSARB there must have been an actual formal decision to refuse,
reduce or terminate services. If services have been reduced because a provider is