Nursing Home Care Benefits Regulations (C.R.C., c. 334)

Regulations are current to 2016-08-15

Nursing Home Care Benefits Regulations

C.R.C., c. 334

APPROPRIATION ACTS

APPROPRIATION ACT NO. 4, 1974

Regulations Respecting the Making of Contributions by Canada to the Provinces Toward the Cost of Certain Benefits in Respect of Care Provided in Nursing Homes

Short Title

 These Regulations may be cited as the Nursing Home Care Benefits Regulations.

Interpretation

 In these Regulations,

assistance agreement

assistance agreement means an agreement made under Part I of the Canada Assistance Plan; (accord d’assistance)

base year

base year means,

  • (a) in relation to any province other than the Province of Alberta, the 12-month period immediately preceding the day on which the province has introduced a universal nursing home care benefit program, and

  • (b) in relation to the Province of Alberta, April 1, 1973 to March 31, 1974; (année de base)

base year payment

base year payment means,

  • (a) in relation to any province other than the Province of Alberta, the total amount determined by the Minister to have been payable by Canada to the province under an assistance agreement in respect of the cost in the base year to the province and to municipalities in the province of assistance provided to or on behalf of those persons who were residents of nursing homes that were listed, or were accepted for listing, as homes for special care in a schedule to that agreement, to the extent that such cost would have been assumed under a universal nursing home care benefit program had that program been in effect, and

  • (b) in relation to the Province of Alberta, the total amount, determined in accordance with an agreement made under section 3, that would have been payable by Canada to the Province under an assistance agreement in respect of the cost to the Province and to municipalities in the Province of assistance that, if the Province had not introduced a universal nursing home care benefit program, would have been provided to those persons who were residents of nursing homes or parts thereof that during the base year were included in that program; (versement de l’année de base)

care

care includes such nursing, personal or supervisory care as is normally provided by or under the supervision of skilled nursing personnel; (soins)

contribution

contribution means a contribution payable by Canada under an agreement made under section 3; (contribution)

contribution commencement day

contribution commencement day means,

  • (a) in relation to a province that on January 1, 1974 had in operation a universal nursing home care benefit program, January 1, 1974, and

  • (b) in relation to any other province, the later of the day on which the province has introduced a universal nursing home care benefit program and a day that is six months prior to the day on which the province notifies the Minister in writing of its intention to enter into an agreement under section 3; (date du début de la contribution)

estimate

estimate, in relation to population, means an estimate certified by the Chief Statistician of Canada; (estimation)

initial period

initial period means the part of a year commencing on the contribution commencement day; (période initiale)

Minister

Minister means the Minister of National Health and Welfare; (ministre)

nursing home

nursing home means a residential institution the primary purpose of which is to provide care to persons who reside therein, but does not include a child care institution; (maison de repos)

provincial law

provincial law means the Acts of the legislature of a province, and any regulations made thereunder, that provide for benefits under a universal nursing home care benefit program under conditions that are consistent with these Regulations; (législation provinciale)

resident

resident means a person who resides in a nursing home for the purpose of receiving care therein, but does not include any person who is in the care or custody or under the control or supervision of a child welfare authority as defined in the Canada Assistance Plan, or who could, by reason of age, be taken into the care or custody or brought under the control or supervision of such an authority; (résident)

universal nursing home care benefit program

universal nursing home care benefit program means a program described in section 3; (programme universel de prestations pour soins dans les maisons de repos)

weighted average

weighted average means the weighted average that is determined by the province in accordance with an agreement under section 3 and that is approved by the Minister; (moyenne pondérée)

year

year means a 12-month period ending on March 31st. (année)

Agreement Authorized

  •  (1) Where an assistance agreement is in force, the Minister may enter into an agreement with the province to provide for the payment by Canada to the province of a contribution, calculated in accordance with these Regulations, in respect of the cost to the province and to municipalities in the province of benefits paid under a universal nursing home care benefit program of the province.

  • (2) A universal nursing home care benefit program means a program, established pursuant to provincial law, that

    • (a) provides for, and is administered and operated so as to provide for, the payment by the province of benefits in respect of the cost of care provided in nursing homes in the province that are included in the program; and

    • (b) is administered and operated on the basis that the benefits referred to in paragraph (a) are available on uniform terms and conditions

      • (i) to every resident of a nursing home or part thereof that is included in the program,

      • (ii) to every such resident who is receiving a level of care specified by the province for the purposes of the program, or

      • (iii) to every such resident who is within an age group specified by the province for the purposes of the program,

      without the requirement of a test of the financial circumstances of any person to determine whether or not that person is entitled to receive such benefits.

  • (3) Notwithstanding subsection (2), a universal nursing home care benefit program described in that subsection includes a program that is administered and operated under terms and conditions that require

    • (a) all persons who receive the care referred to in paragraph (2)(a) to pay the same fixed amount representing a portion of the cost of such care;

    • (b) a period of residence in the province as a condition of eligibility for the benefits referred to in paragraph (2)(a);

    • (c) the payment of a premium in respect of the program; or

    • (d) a test of the financial circumstances of any person to determine the ability of that person to pay the amount referred to in paragraph (a) or the premium referred to in paragraph (c).

Calculation of Contributions

 The amount of the contribution payable by Canada to a province for a year is the amount obtained by multiplying the base year payment by the product of the cost increase factor and the population increase factor.

 For the purposes of section 4,

  • (a) the cost increase factor is the quotient obtained by dividing the per diem cost of care determined by the Minister for the year for which a contribution is paid by the per diem cost of care determined by the Minister for the base year; and

  • (b) the population increase factor is the quotient obtained by dividing

    • (i) an estimate of the number of persons in the total population of the province who were 65 years of age or over on October 1st of the year for which a contribution is paid

    by

    • (ii) an estimate of the number of persons in the total population of the province who were 65 years of age or over on whichever of the following dates last precedes or represents the first day of the seventh month of the base year, namely, January 1st, April 1st, June 1st, July 1st or October 1st.

 The amount of the contribution payable by Canada to a province for an initial period is

  • (a) in relation to any province other than the Province of Alberta, that proportion of the amount, as determined by the Minister, obtained by multiplying the base year payment by the product of the cost increase factor and the population increase factor that the initial period is of a year; and

  • (b) in relation to the Province of Alberta, one-quarter of the base year payment.

 For the purposes of paragraph 6(a),

  • (a) the cost increase factor is the quotient obtained by dividing the amount of the per diem cost of care for the period of computation comprising, at the election of the province,

    • (i) the initial period, or

    • (ii) the year during which the initial period began,

    by the per diem cost of care for the base year; and

  • (b) the population increase factor is the quotient obtained by dividing

    • (i) an estimate of the number of persons in the total population of the province who were 65 years of age or over on whichever of the following dates last precedes or represents the first day of the second half of the initial period as determined by the Minister, namely, January 1st, April 1st, June 1st, July 1st or October 1st,

    by

    • (ii) an estimate of the number of persons in the total population of the province who were 65 years of age or over on whichever of the following dates last precedes or represents the first day of the seventh month of the base year, namely, January 1st, April 1st, June 1st, July 1st or October 1st.

 
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