OANHSS Warns that Proposed Long Term Care Legislation Will Erode Resident Care

OANHSS Remarks to Standing Committee - January 2007 (pdf format - 7 pages)
OANHSS Submission (pdf format - large file - 86 pages)

TORONTO (January 15, 2007) – With public hearings on Bill 140 set to begin in Ontario, the association representing not-for-profit long term care homes is warning that the proposed Act as currently drafted will result in a reduction in the level of care and quality of life of long term care residents.

“We are deeply concerned because, in many respects, this proposed legislation is seriously flawed,” said Donna Rubin, CEO of the Ontario Association of Non-Profit Homes and Services for Seniors (OANHSS). “Unless changed, this Act will negatively affect the lives of residents in long term care for decades to come.”

Bill 140 proposes a significant increase in regulation. While OANHSS supports measures to enhance standards and ensure full accountability, this legislation is so excessively onerous that homes will be forced to shift already scarce resources to meeting new administrative demands.

“With more time having to be spent on compliance and documentation, there will be even less time available for direct care and services. Surely that’s not what the McGuinty government intended,” said Rubin.

The province must analyze what added financial burden will be placed on homes as a result of the new regulatory demands, and at a minimum, increase operating funding by that amount. Establishing new requirements and standards, without providing the means to achieve them, is only a prescription for failure.

OANHSS is also concerned that Bill 140 will lead to an erosion of the not-for-profit sector, resulting in fewer choices for consumers, seniors and their families.

“There is growing evidence that not-for-profit delivery of long term care results in more staffing and improved care outcomes for residents. We are therefore very dismayed that instead of preserving and promoting our sector, this proposed legislation actually threatens the viability of not-for-profit providers,” added Rubin.

For example, Bill 140 will impose harsher offence provisions on the directors of long term care homes than any other sector in healthcare, including hospitals. The proposed legislation could result in directors being subject to fines of up to $25,000 and imprisonment for any breaches of the Act by anyone in the home.

This represents a significant barrier to recruitment and retention, especially of volunteer directors in the not-for-profit sector, since penalty provisions are not covered by standard directors and officers insurance in Canada.

As well, fixed-term licensing as proposed in the Bill will erode the financial strength of the not-for-profit sector. It will increase the cost of borrowing and complicate refinancings for homes. Moreover, the restriction Bill 140 places on not-for-profit homes in terms of who they can sell or transfer beds to may appear to be protecting the not-for-profit sector but, in fact, it will disadvantage the sector through increased risks and costs.

“The McGuinty government has been a vocal champion of not-for-profit health care delivery, and that’s why we were so taken aback when we realized that Bill 140 actually discriminates against our sector,” Rubin noted.

OANHSS is calling on the province to remove the discriminatory sections, and to include in the proposed legislation a strong and explicit statement that commits the government to preserving and promoting not-for-profit delivery of long term care in Ontario.

Public hearings on Bill 140, the proposed Long-Term Care Homes Act, will be held in Toronto (January 16 and 17), Kingston (January 22), Sudbury (January 23), and London (January 24).

OANHSS is the provincial association representing not-for-profit providers of long term care, services and housing for seniors. Members include municipal and charitable long term care homes, non-profit nursing homes, seniors’ housing projects and community service agencies. Member organizations operate over 26,000 long term care beds and over 5,000 seniors’ housing units across the province.

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For further information, contact:

Ontario Association of Non-Profit Homes & Services for Seniors
7050 Weston Road, Suite 700, Woodbridge, Ontario L4L 8G7
(P) 905-851-8821
(F) 905-851-0744

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OANHSS members include not-for-profit providers of long term care, services and housing for seniors in Ontario.
Members include municipal and charitable long term care homes, non-profit nursing homes,
seniors' housing projects and community service agencies.