unable to supply a service this will not be deemed a ‘decision to terminate or reduce
services’.
HSARB will not hear appeals about the quality of services or violations of the Home
Care Bill of Rights. It may, however, be possible in some cases to characterize some
quality of service or Bill of Rights issues as amounting to a reduction or denial of
service.
HSARB does not have the authority to compel a CCAC to provide more services than
permitted under the regulation.
HSARB has the authority to consider violations of the Ontario Human Rights Code, but,
pursuant to s. 6(3) of the Ministry of Health and Long-Term Care Appeal Review Boards
Act, 1998, HSARB cannot inquire into or make a decision concerning the constitutional
validity of an Act or Regulation.
There is currently some debate about whether HSARB has jurisdiction to hear appeals
of decisions regarding eligibility for the Direct Funding Program.
Remedies at HSARB
The remedies that HSARB can offer in attendant services cases are limited. HSARB
can order the restoration of services or can reverse a decision finding an individual
ineligible for services. HSARB cannot however impact the quality or nature of services,
resolve staffing shortages or restore damaged relationships with the service provider.
Services can still be affected at a later date by staffing, funding or other issues.
Procedures before HSARB
HSARB rules of practice are available on-line.^57 Some forms are not available on the
website. Once a written request for a hearing is sent to HSARB, the necessary forms
will be forwarded to the complainant/appellant.
(^57) See http://www.hsarb.on.ca