Long-term care home licensees must file reconciliation reports with the Agency, have the report audited before filing in one case, and the Agency can adjust overpayments or underpayments.
Long-term care homes 1. (1) Every health service provider that is a licensee of a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021 shall submit a reconciliation report to the Agency, (a) in each calendar year, for the previous calendar year; and (b) for any other period within the calendar year. O. Reg. 200/21, s. 1 (1); O. Reg. 294/22, s. 1 (1). (2) A reconciliation report under subsection (1) shall be submitted in the form and manner, with the content and by the date determined in accordance with, (a) the accountability agreement between the Minister and the Agency required under section 19 of the Act; and (b) the service accountability agreement between the licensee of the long-term care home and the Agency required under section 22 of the Act. O. Reg. 200/21, s. 1 (2). (3) Before submitting the reconciliation report required under clause (1) (a), the licensee shall ensure that the report is audited by a person licensed under the Public Accounting Act, 2004 or, in the case of a municipal home or a joint home approved under Part IX of the Fixing Long-Term Care Act, 2021, by the municipal auditor who audits the books of account and ledgers of the home. O. Reg. 200/21, s. 1 (3); O. Reg. 294/22, s. 1 (2). (4) If the funding paid to the licensee of a long-term care home by the Agency under section 21 of the Act in respect of the home exceeds the allowable subsidy for the reconciliation period, the excess funding paid is a debt owing by the licensee to the Crown in right of Ontario and, in addition to any other methods available to recover the debt, the Agency may deduct the excess funding paid from subsequent payments to the licensee. O. Reg. 200/21, s. 1 (4). (5) If the funding paid to a licensee of a long-term care home by the Agency under section 21 of the Act in respect of the home is less than the allowable subsidy for the reconciliation period, the Agency shall pay the difference to the licensee. O. Reg. 200/21, s. 1 (5). (6) In this section, “allowable subsidy” means the allowable subsidy as determined by the Agency in accordance with, (a) the reconciliation reports, (b) the accountability agreement between the Minister and the Agency required under section 19 of the Act, and (c) the service accountability agreement between the licensee of the long-term care home and the Agency required under section 22 of the Act. O. Reg. 200/21, s. 1 (6). Transitional 2. (1) Despite the revocation of section 3 of Ontario Regulation 264/07 (General) under the Local Health System Integration Act, 2006, every licensee of a long-term care home shall continue to comply with the reconciliation requirements under that section as they existed immediately before the revocation, with the Agency substituted for the local health integration network for the geographic area where the home is located, and every other necessary modification. (2) Where subsection (1) has been complied with, and it has been determined that there is a debt owed by the licensee to the Crown in right of Ontario, then, in addition to any other methods available to recover the debt, the Agency may deduct the excess from subsequent payments to the licensee. (3) Where subsection (1) has been complied with, and it has been determined that there is a debt owing by the Crown in right of Ontario to the licensee, the Agency may pay the amount owing to the licensee. 3. Omitted (provides for coming into force of provisions of this Regulation).